Central Information Commission
Punam Mor vs Indian Army on 8 May, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: CIC/IARMY/A/2019/128605
In the matter of:
Punam Mor
... Appellant
VS
Central Public Information Officer
RTI cell, Addl. DG MT (AE)
G-6, D-1 Wing, Sena Bhawan, Gate No. 04,
IHQ of MoD (Army), New Delhi - 110 011
...Respondent
RTI application filed on : 27/10/2018 CPIO replied on : 18/01/2019 First appeal filed on : 01/02/2019
First Appellate Authority order : 25/03/2019 Second Appeal dated : 15/06/2019 Date of Hearing : 06/05/2021 Date of Decision : 06/05/2021 The following were present:
Appellant: A.K Mor, Representative, present over phone Respondent: Lt. Col Kamal Kapoor, CPIO, present over phone alongwith Col Ganesh Nagarajan, Nodal Officer Information Sought:
The appellant has sought the following information:
1. Details of Marks allocated for Combat Group Commanders (CG) Course for Q1 Grading in quantified system of promotions for Infantry Officers as applicable for No. 2 SB held during the year 2015.
2. Details of Marks allocated for Combat Group Commanders (CG) Course for Q1 Grading in quantified system of promotions for Infantry Officers as applicable for No. 2 SB held during the year 2016.
3. Details of Marks allocated for Combat Group Commanders (CG) Course for Q1 Grading in quantified system of promotions for Infantry Officers as applicable for No. 2 SB held during the year 2017.
4. Details of Marks allocated for Combat Group Commanders (CG) Course for Q1 Grading in quantified system of promotions for Infantry Officers as applicable for No. 2 SB held during the year 2018.
5. In case no Marks had been allocated for Combat Group Commanders (CG) Course for Q1 Grading for Infantry Officers in SB 2 held during any of above mentioned years, same may be intimated.
Grounds for Second Appeal The CPIO has provided incorrect and misleading information.
Submissions made by Appellant and Respondent during Hearing:
The appellant's representative submitted that consent of the third party is attached with the second appeal and hence, provision of Sec 11 is not applicable. He also stated that what he wants is the policy that governs the allocation of marks. He further stated that there is public interest in this matter as transparency related to departmental committee promotions should be there.
The CPIO submitted that the appellant had asked for the selection board details in respect of promotion from Colonel to Brigadier. In the selection process there are various marks allocated of which 95% are quantifiable and 5% is for value judgement . The appellant is asking for value judgment for the year 2015 to 18. The CPIO explained that there is no such document. The marks are assessed by the Board and it is based on reputation.
Col Ganesh Nagarajan submitted that in selection board II the total marks 100 are divided into two categories. 95 out of 100 is quantified merits and remaining 5 marks are for value judgment or Board member assessment. Value judgment is for 5 marks.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 18.01.2019 provided a reply by providing the note dated 03.12.2018. The FAA vide order dated 25.03.2019 upheld the CPIO's reply. The CPIO reiterated the contents of the reply vide written submissions dated 04.05.2021.
Decision:
The Commission could not find any consent letter by the third party. Moreover, even if there is consent as per Sec. 11, the respondent authority can still deny the information on valid grounds. The allocation of marks is personal information of the officer and the appellant is a third party in this case. Therefore, the Commission is not inclined to provide any further relief in this case.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आयु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date