Central Information Commission
Sarfraj Ismail vs Army Hq on 21 May, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मनु नरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No : CIC/ARMHQ/A/2023/618981
Sarfraj Ismail .....अपीलकर्ाग/Appellant
VERSUS
बनाम
PIO,
EME SCHOOL, PIN - 900416,
C/o 56 APO ....प्रनर्वािीगण /Respondent
Date of Hearing : 14-05-2024
Date of Decision : 16-05-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 15-07-2022
CPIO replied on : 30-08-2022
First appeal filed on : 22-12-2022
First Appellate Authority's order : 03-03-2023
2nd Appeal/Complaint dated : NIL
Information sought:
The Appellant filed an RTI application dated 15-07-2022 seeking the following information:
"1. Please refer
(a) Letter number 22201/Adm/E(O) dated 21st July 2018 (Copy Attached) issued by Lt Col M Alagu, Est Officer EME School Vadodara mentioning about the Show cause letter number 30802/YTO/CC/FVT dated 10 Feb 2018 issued by Col Prashant Malhotra Commanding Officer of Faculty of Vehicle Technology ,EME School, Vadodara in para 2(a).Copy of the Letter number 22201/Adm/E(O) dated 21st July Page 1 of 4 2018 was also sent to DG EME(Civ) ,MGO Branch, IHQ of MoD(Army) who was being tented by Col Sanjeev Kumar.
2. In view of above please provide the following information as per Right to Information Act (RTI),2005
(a) Was "letter number 30802/YTO/CC/FVT dated 10 Feb 2018 issued by Col Prashant Malhotra Commanding Officer of Faculty of Vehicle Technology, EME School, Vadodara" put up to competent disciplinary authority of Government of India, Ministry of Defence, D(Lab) prior to issue of Memorandum of Charge sheet No 5(17)-
2020- D(Lab) dated 25th Nov 2020 for to be taken into kind consideration.
(b) Please provide the Name of authority/officer who took decision to not to forward the "letter number 30802/YTO/CC/FVT dated 10 Feb 2018 issued by Col Prashant Malhotra Commanding Officer of Faculty of Vehicle Technology, EME School, Vadodara" to Competent Disciplinary Authority of Government of India, Ministry of Defence.
(c) Authenticated Copy of document on which decision to not to forward the "letter number 30802/YTO/CC/FVT dated 10 Feb 2018 issued by Col Prashant Malhotra Commanding Officer of Faculty of Vehicle Technology, EME School ,Vadodara" to competent disciplinary authority was taken.
(d) Authenticated Copy of document on which decision to not to make "letter number 30802/YTO/CC/FVT dated 10 Feb 2018 issued by Col Prashant Malhotra" as a part of annexure III of Memorandum of Charge sheet No 5(17)-2020- D(Lab) dated 25th Nov 2020 was taken and recorded.
(e) Name of officer of DGEME(Civ) or lower formation who made and approved Draft Memorandum of Charge sheet which was later forwarded to Ministry of Defence to be issued in the form of Memorandum of Charge sheet No 5(17)-2020- D(Lab) dated 25th Nov 2020.
(f) Copy of letter of DG EME(Civ) vide which draft Memorandum of Charge sheet along with supporting documents was forwarded to Competent Disciplinary Authority of Ministry of Defence D-(Lab) for further issuance in the form of Memorandum of Charge sheet No 5(17)- 2020- D(Lab) dated 25th Nov 2020."
The CPIO furnished a point-wise reply to the Appellant on 30-08-2022 stating as under:
"(a) Yes. Letter No 30602/YTO/CC/ FVT dated 10 Feb 2018 was fwd to Die Gen of EME (Civ). IHQ of MoD (Army) vide EME School letter No 21201/Adm/ E(O) dated 20 Jun Page 2 of 4 2018 prior to issue of memorandum of Charge Sheet as mentioned in ibid RTI application.
(b) Not applicable as letter No 30802/YTO/CC/FVT dated 10 Feb 2018 was fwd to Dte Gen of EMF (Civ), IHQ of MoD (Army) vide EME School letter No 21201/Adm/E(C) 20 Jun 2018. dated
(c) Not applicable as letter No 30802/YTO/CC/FVT cated 10 Feb 2018 was fed to Dte Gen of EME (Civ), IHQ of McD (Army) vide EME School letter No 21201/Adm/E(O) dated 20 Jun 2018.
(d) Not applicable as letter No 30802/YTO/CC/FVT dated 10 Feb 2018 was fwd to Dte Gen of EME (Civ), IHQ of MoD (Army) vide EME School letter No 21201/Adm/E(O) dated 20 Jun 2018. EME School is not aware whether the ibdi letter was a part of Annexure III of Memorandum of Charge Sheet as mentioned in ibid RTI application.
(e) The subject information is not available with EME School.
(f) The subject information is not available with EME School."
Being dissatisfied, the appellant filed a First Appeal dated 22-12-2022. The FAA vide its order dated 03-03-2023, upheld the reply of the CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Colonel Sandeep Sharma, APIO, attended the hearing through VC.
The Appellant stated that he has not received the relevant information as sought in point No. 2 b to 2 f of the RTI Application from DG of EME (Civ), C/o HQ Technical Group.
The Respondent submitted that the office of EME school has provided a point- wise reply based on available records to the Appellant vide letter dated 30.08.2022. He added that the disciplinary authority has exonerated the Appellant from the charges on 24.03.2024.Page 3 of 4
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant has addressed his RTI to the office of Additional Directorate General of Army Education and the reply dated 30.08.2022 has been provided by the office EME school and therefore, the relevant information sought in point No.
2 b to 2 f of the RTI Application was not provided to the Appellant. Thus, the Commission deems it fit to direct Colonel Sandeep Sharma, APIO, to obtain the relevant information on point No. 2 b to 2 f of the RTI Application from the custodian of the concerned records and provide a revised reply, to the Appellant, within four weeks from the date receipt of this order. If the Respondent requires assistance from any other office/officer for compliance with the above directions, the same shall be sought by invoking Section 5(4) of RTI Act.
The FAA shall ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार तििारी) Information Commissioner (सूचना आयुक्ि) Authenticated true copy (अभिप्रमाणणर् सत्यापपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, EME SCHOOL, PIN - 900416, C/o 56 APO Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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