Central Information Commission
Naveen Tadas vs Border Road Organisation on 8 August, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File Nos: CIC/BRDOR/A/2024/613517
CIC/BRDOR/C/2024/613525
Naveen Tadas .....अपीलकता/Appellant
....िशकायतकता /Complainant
VERSUS
बनाम
The CPIO
Border Road Organisation
Headquarters, Chief Engineer,
Project Udayak
Pin 931715 C/o 99 APO .... ितवादीगण /Respondent
Date of Hearing : 29.07.2025
Date of Decision : 07.08.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The issues raised by the Appellant/Complainant in both the above cases
CIC/BRDOR/A/2024/613517 and CIC/BRDOR/C/2024/613525 are identical.
Therefore, it is felt desirable to pass a common order in both cases
CIC/BRDOR/A/2024/613517
Relevant facts emerging from appeal:
RTI application filed on : 18.01.2024
CPIO replied on : 15.02.2024
First appeal filed on : 26.02.2024
Page 1 of 5
First Appellate Authority's order : 22.03.2024
2nd Appeal/Complaint dated : 29.03.2024
Information sought:
1. The Appellant filed an (online) RTI application dated 18.01.2024 seeking the following information:
"I am seeking information pertaining to 103 RCC/752 BRTF/Project Udayak. I Naveen Tadas, JE (Civ) Ex Gs No. 198060X relived from service with effect from 30 Nov 2023. I am seeking information of my APARs details. So, please provide following details.
a) Provide scan copies of all my APARs from start to end of service.
b) Provide summary of all my APARS from start to end of service.
c) What is APAR grading of my from 01 Apr 2023 to 30 Nov 2023.
d) From start to end of service, how many time I got outstanding grading, very good grading and grading below very good."
2. The CPIO furnished a reply to the Appellant on 15.02.2024 stating as under:
"Para (a) (i) Copies of APARs has already been provided to you from time to time Token of having received the copies of APAR are kept in records as a mandatory provision.
(ii) GAP certificate initiated for period from 29 Nov 2022 to 17 Jan 2023 as period served hot sufficient to initiate APAR.
(iii) NIC initiated from 18 Jan 2023 to 31 Mar 2023 as period served by you not sufficient to initiate APAR as per rules.
(iv) NIC for the period from 01 Apr 2023 to 30 Nov 2023 forwarded to your home address for signature you did not completed the mandatory period under IO/RO in order to initiate APAR Para (b) No document, information like "Summary of all APARs" exist hence same cannot be provided. However copies of all the APARS are provided to you from time to time and token of having received the copies of APAR are kept in records.Page 2 of 5
Para (c) Reply already given in "Para 2 (a) iv" above.
Para (d) Reply already given in "Para 2 (a) (i)"
3. Being dissatisfied, the appellant filed a First Appeal dated 26.02.2024. The FAA vide its order dated 22.03.2024, held as under.
"1. Copy of all the APARs held in record are forwarded to the concerned office, authorized to hold records of NE GREF Persons. Accordingly please approach the concerned office for needful."
4. Feeling aggrieved and dissatisfied, Appellant/Complainant approached the Commission with the instant Second Appeal/Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Col. Rajnish Bhandari, FAA appeared through video conference.
5. Proof of having served a copy of Second Appeal/Complaint on Respondent by the Appellant/Complainant while filing the same in CIC respectively are not available on record.
6. The Respondent while defending their case inter alia submitted that they had filed detailed written submissions dated 25th July 2025 stating complete facts of the case and requested the Commission to place the same on record, copy of the same was sent to the Appellant/Complainant. The relevant paras of the written submission are reproduced as under:
1. It is submitted before The Hon'ble Central Information Commission that BRO being subordinate and executive arm of BRDB which is included in the 2nd Schedule of RTI Act, has been exempted from its operation under Section 24 except in the case of human rights violation and allegation of corruption.
2. Also, as per CIC Order No. CIC Order No. CIC/CC/A/14/000761/DP dated 29 Apr 2016, persons should not approach for service related information/documents to CPIO/FAA/CIC under RTI Act, unless it is a case of violation of human rights and allegation of corruption.Page 3 of 5
3. Furthermore, our deptt directed to encourage applicants seeking information related to service matters through Grievances redressed mechanism in place (copy of HQ DGBR letter No. 11022/DGBR/RTI/Gen/86/Pers Coord dated 12 Sep 2009 enclosed, please refer Para I refers please).
4. In spite of above this office always furnished replies/provided information sought on all the occasions to the appellant who frequently files RTI applications. In the present matter it is submitted that, EXGS-198060X Shri Naveen Tadas JE(Civ) was on posted strength of 103 RCC/752 BRTF (P) Udayak and individual resigned from service on 01 Dec 2023 at his own request. After resignation from service he filed an RTI request bearing No. BRORG/R/E/24/00015 dated 18 Jan 2024 and sought the copies of APARs.
The reply provided to the seeker within the stipulated time vide this HQ letter No.10850/RTI/54/E1D dated 15 Feb 2024 and also clarified that copies of all the APARs has already been provided to the individual from time to time as per policy in vogue.
5. Further applicant filed first appeal bearing No. BRORG/R/E/24/00014 dated 26 Feb 2024. The reply provided to the individual by the FAA vide this HQ letter No.10850/RTI/98/E1D dated 21 Mar 2024 and informed him that copies of all APARs held in records were already forwarded to the concerned office authorized to hold records of NE GREF Persons and to approach the concerned office for needful."
Decision:
6. The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, noted that as per submissions of the Respondent BRO being subordinate and executive arm of BRDB which is included in the 2nd Schedule of RTI Act, has been exempted from its operation under Section 24 except in the case of human rights violation and allegation of corruption. The Appellant's queries related to service records do not fall under either of these exceptions. Despite the exemption, the BRO has furnished replies and documents on multiple occasions, including APARs, NICs, and experience certificates.
7. The Appellant/Complainant neither filed any written objection nor presented herself before the Commission to controvert the averments made Page 4 of 5 by the respondent and further agitate the matter. The submissions of the respondent are taken on record. The Commission finds no deliberate denial or mala fide on the part of the Respondent. Therefore, the appeal and complaint are devoid of merit and do not warrant further intervention.
The appeal and complaint are dismissed accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स"ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Border Road Organisation, Headquarters, Chief Engineer, Project Udayak, Pin 931715 C/o 99 APO Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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