Central Information Commission
Davendra Kumar Singh 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/2023/616609
Davendra Kumar Singh .....अपीलकर्ाग/Appellant
VERSUS
बनाम
PIO,
RTI Cell, Addl. DG AE, G 6 D 1 Wing,
Integrated Headquarter of MoD (Army)
Sena Bhawan, Gate No 4,
New Delhi - 110011 ....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 : 01-05-2022
CPIO replied on : 13-10-2022
First appeal filed on : 14-11-2022
First Appellate Authority's order : 19-12-2022
2nd Appeal/Complaint dated : 30-03-2023
Information sought:
The Appellant filed an RTI application dated 01-05-2022 seeking the following information:Page 1 of 23
"1. with the reference of -
(a) Complaint email sent on Sat, Aug 22, 2020 at 9:56 PM last reminder email dated Mar 20, 2022, 9:57 PM & its email trail addressed to the Honourable Prime Minister email to: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected],
(b) Appeal by email on Wed, Jun 16, 2021 at 9:37 PM & reminder email dated Sat Mar 5, 2022, 5:07 PM & its email trail addressed to Shri Rajeev Singh Thakur Joint Secretary (Estt & Coord) The Nodal Authority for appeal, Department of Military Affairs, email to: [email protected] cc: [email protected], Biswabandan Senapati , [email protected], [email protected], AjaySingh, Anand Manwal,ArunKumar,knara [email protected], MajGen, [email protected] against not satisfaction with the resolution of Current Status Case closed Date of Action 15/06/2021 of grievance ID:
DMAFF/E/2020/01370 Date of Receipt 25/08/2020
(c) Complaint by email on Sun, 23 Jan, 2022, 13:03, reminder email dated March 1, 2022, 9:29 PM & its email trail addressed to the CPGRAMS Team email to us-public.sb, dirpg-arpg, cc: Biswabandan, rmo, knarayanan.178x, Maj, Anand, Ajay, SHANTANU, SHANTANU, Rajeev, singhsangh against the email of Capt Shantanu Sharma has written threatening, rude & unnecessary words and totally false and misleading statements in his e-mail dated 21st January 2022 like 'Kind Attn' just top of my name, ' ', & ' 1923 ' 'etc.
(d) I sent reminder email on May 29, 2021, 10:02 AM to US Public Section PMO cc: [email protected] Subject: Re: 1. INFORMATION REGARDING THE CURRUPTION OF THE 11th RAJ RIF (ARMY) & 2. DESTROYING MY SERVICE, LIFE AND FUTURE MAKGING UNCOUNTABLE HORRIFIC CONSPIRACIES AGAINST ME; REASON GIVING THE INFORMATION OF CORRUPTION.
XXXXX With reference above complaints/emails/ attached files and myriads applications regarding the request for transfer from 11th Raj Rif for security from C.O. Col Gurpreet Singh Chahal, I humbly request you for providing the copies of the following informtions:-
2. Please provide the copies of the correspondence, decisions and the copies of disciplinary actions taken on uncountable complaints/emails/transfer Page 2 of 23 applications were sent to all competent channels CO to COAS of army including the honourable Prime Minister, the honourable Defence Minister, the OIC Anti-
Corruption Branch, CBI Delhi etc. against corrupt people, wrongdoers and conspirators mentioned below:-
XXXX
3. Why did any Competent Authority not take any disciplinary action & not make any inquiry on my complaints/emails mentioned in Para 1 above against the responsible corrupt people, wrongdoers and conspirators mentioned above in Para 2 for conspiring the conspiracies of my General Court Martial (GCM), Discharge from Service etc. by writing the false statements and fact in required documents, disregarding Indian Army Rules and Indian Law and abusing the powers of their rank and post.
4. Why did competent channels C.O. to C.O.A.S. of army including the PMO, the Defence Minister Office, Anti-Corruption Branch, CBI Delhi etc. not take any action against corrupt people, wrongdoers and conspirators mentioned above in Para 2, thus they all favoured & rewarded those who protect corruption, conspirators and corrupt people and succeeded to destroy my service, life and future?
5. If any action has not been taken, please provide the copies of reason and copies of authorities regarding not taking any action, not taking disciplinary action or not arranging the inquiry against above mentioned the corrupt people, wrongdoers and conspirators mentioned above Para 2.
6. In Sep 2017 and May 2018, Shortly after reporting information of corruption to the Commanding Officer Col Gurpreet Singh Chahal of 11th Raj Rif, why were allowed to happen innumerable conspiracies against me some of which are given below:-
The Commanding Officer with the help of his colleagues and the Subedar Major have been trying to hatch UNCOUNTABLE CONSPIRACIES AGAINST ME LIKE GIVING MENTAL HARASSMENT, INSULTING, DUTY OBSTRUCTION, ENDING THE EXISTENCE OF RT JCO POST IN THE BATTALION, NONE-COOPERATION IN TEMPLE ARRANGEMENT, THREATENING to kill me, FRIGHTENING, PUNISHMENT OF SEVERE REPRIMAND, DISCHARGED FROM SERVICE, SPOILING OF ANNUAL CONFIDENTIAL REPORT(ACR), GIVING BELOW AVERAGE REMARK IN TESTIMONIAL FOR CIVIL EMPLOYMENT ETC. BY THE COMMANDING OFFICER, Col Gurupreet Singh Chahal FROM THE VERY FIRST DAY OF COMING UNDER HIS COMMAND IN SEPTEMBER 2017 ignoring my 20 years excellent & Page 3 of 23 outstanding service of other three battalions 8 RAJ RIF, 13 RAJ RIF & 57 Rashtiya Rifles before 11th RAJ RIF. REASONS: I GIVE to C.O., Col Gurpreet Singh Chahal 11th RAJ RIF INFORMATIONS ABOUT CORRUPTION AND FINANCIAL EXPLOITATION OF JCOs/ORs AND BATTALION FUND. Please see both the attached letters dated 14 March 2020 to Col Gurupreet Singh Chahal the Commanding Officer of 11th RA RIF & dated 15 April 2020 to the Officer In charge Anti-Corruption Bureau, Delhi & copy to the honourable PM and the honourable Defence Minister & other competent officers of the army.
7. Why did any Competent Authority not take any disciplinary action & not make any inquiry on my complaints/emails mentioned in above Para 1 against the Commandinding Officer Col Gurpreet Singh Chahal of 11th RAJ RIF battalion regarding stopping & not forwarding my complaints/transfer applications the next channel for taking the time for eradicating the proofs of corruption for saving himself from inquiry and punishment of corruption cases and wrondeeds and to get the time and chance to implicate me in any kind of conspiracy any how.
8. I humbly request you to kindly provide me the information regarding the given facts below -
(a) Why was I completely ruined for doing the right duty by giving information about corruption?
(b) Why had no action been taken on my innumerable applications for posting for saving my service, future, and life?
(c) Why was I not given me posting from 11th RAJ RIF battalion to in other battalion/Core/unit for giving the security of my service, future and life from the Commanding Officer, Col Gurpreet Singh Chahal?
(d) Why did any channel not save my service, future, and life from the corrupt people, wrongdoers and conspirators?
(e) Why have the corrupt people, wrongdoers and conspirators been not punished yet and how are they all getting promotion and serving yet instead of arranging the inquiry against them?
Page 4 of 239. Why did any competent officers of army or any authority including PMO, CPGRAMS, Defence Minister Office etc. not arrange any inquiry or make any investigation against corruptions of Sep 2017, May 2018, secret corruption complaint dated 06 March 2019 addressed and sent to the honourable Prime Minister and at last dated 15 April 2020 addressed and sent to OIC, Anti- Corruption Branch, CBI Delhi etc. just after, I reported orally to CO & sent complaints again and again to army's all competent channels including the honourable PM and Defence Minister:-
XXXXX
10. Why had I been made as a captive in 11th RAJ RIF to provide the chances to trap me any conspiracy engaging me any long enquiry to save themselves mentioned in above Para 2 from their corruption cases and taking the time to hide and to eradicate the evidence of their corruption, conspiracies and their wrong doings?
11. Why had I been tortured mentally and harassed, In the spirit of doing proper duty by reporting corruption and in spite of my honest, impeccable, experienced and excellent 20 years' service of other three battalions: 8th RAJ RIF( 14 years long), 13th RAJ RIF(4 years) and 57 Rashtriya Rifle(02 years total prescribed tannure) just before the 11th RAJ RIF battalion (3 Years)?
12. Why was my service, future and life allowed to be totally ruined by not giving the posting from 11th Raj Rif to in other battalion giving the time and chance by made uncountable horrific conspiracies like the conspiracy of General Court Martial (GCM) while I sent the complaint letters for my safety from C.O. to the C.O.A.S. all the capable channels of the army including the Prime Minister & the Defence Minister?
13. Why did any competent officer or channel of army or any authority not take any action against C.O. 11th RAJ RIF, Col Gurpreet Singh Chahal for stopping, not informing me, not taking any action and not forwarding to the next channel my following complaint/applications :-
(a) dated 22 September 2018 addressed to The Commanding Officer regarding the request for stopping the constant mental torture in 11th RAJ RIF by Sub Major Balbir Singh immediately after reporting the corruption to C.O.,
(b) dated 28 October 2018 sent to C.O. for Forwarding through prescribed channel addressed to the C.O.A.S. regarding the request for stopping the constant mental torture in 11th RAJ RIF battalion immediately after reporting the corruption to C.O., Page 5 of 23
(c) dated 23 July 2018 sent to C.O. for Forwarding through prescribed channel addressed to the OIC Records RAJ RIF regarding the request for posting from 11th RAJ RIF to other battalion/unit/core for security from C.O., Col Gurpreet Singh Chahal,
(d) dated 30 August 2018 sent to C.O. for Forwarding through prescribed channel addressed to the OIC Records RAJ RIF regarding the request for cancelation of TD of Defence Services Staff Collage Wellington,
(e) dated 02 May 2019 sent to C.O. for Forwarding through prescribed channel addressed to the OIC Records RAJ RIF regarding the request for keeping blank the annual secret report (A.C.R.) to be written in June 2019 for the security of service from C.O., Col Gurpreet Singh Chahal,
(f) dated 11 August 2018 addressed to the Commanding Officer 11th RAJ RIF, Col Gurpreet Singh Chahal regarding the request for stopping the constant mental torture in 11th RAJ RIF battalion immediately after reporting the corruption to C.O. & for posting from 11th RAJ RIF to other battalion/unit/core for the security from C.O., Col Gurpreet Singh Chahal,
(g) dated 17 August 2018 sent to C.O. for Forwarding through prescribed channel addressed to the C.O.A.S. regarding the request for stopping the constant mental torture in 11th RAJ RIF battalion immediately after reporting the corruption to C.O. & for posting from 11th RAJ RIF to other battalion/unit/core for the security from C.O., Col Gurpreet Singh Chahal.
14. Why did any competent officer or channel of army or any authority not take any action against OIC Records RAJ RIF and responsible person against returning unactioned with pre-planned bad intention my application regarding the request for posting from 11th RAJ RIF to other battalion/unit/core for security from C.O., Col Gurpreet Singh Chahal along with the letter No. RAC/6/3 dated 13 July 2018?
15. Why did C.O.A.S., any competent officer or channel of army or any authority not take any action & even not send any reply to me on my complaint dated 12 October 2019 sent directly addressed to C.O.A.S regarding the request for saving my service, future and life from corrupt people, wrongdoers and conspirators mentioned above in Para 2 for conspiring the conspiracies of my General Court Martial (GCM), Discharge from Service by writing the false statements and fact in required documents, doing untoward incidents like a HATHAPAYI, threat to kill etc and abusing the powers of their rank and post Page 6 of 23 disregarding Indian Army Rules and Indian Law, & regarding the request for stopping the constant mental torture in 11th RAJ RIF battalion immediately after reporting the corruption to C.O. & for posting from 11th RAJ RIF to other battalion/unit/core for the security from C.O., Col Gurpreet Singh Chahal.
16. When will action has been taken, disciplinary action has been taken, the inquiry has been arranged against the corrupt people, wrongdoers and conspirators mentioned above Para 2?
17. When will action of punishment and terminating from their post has been taken against above mentioned corrupt people, wrongdoers and conspirators mentioned above in Para 2?
18. When will I get suitable justice?
19. Kindly provide me the following information regarding the Complaint email sent on Sat, Aug 22, 2020 at 9:56 PM, last reminder email dated Mar 20, 2022, 9:57 PM & its email trail addressed to the Honourable Prime Minister mentioned in Para 1 (a) above:-
(a) Why are any civil authority or army channels or competent officer not taken any action against corrupt people and conspirators on my numerous transfer requests from 11th RAJ RIF & complaints sent to again and again from September 2017 to yet to save my service, future and life from corrupt people, wrongdoers and conspirators mentioned in Para 2?
(b) Why did not any of them provide any copy of any information, reply or decision till date action taken by them after passing a long period about 3 or 4 years, the details are mentioned in email sent on Sat, Aug 22, 2020 at 9:56 PM, last reminder email dated Mar 20, 2022, 9:57 PM & its email trail and attached several complaints along with the email?
(c) Please provide the Para wise information of my email sent on Sat, Aug 22, 2020 at 9:56 PM.
20. Please provide information regarding posting detail & the tenure from 09 April 2019 to till date of Miss Sila Sinha, DY DIRECTOR COORD and what action will be taken against her who closed my all 04 Grievances registered on CPGRAMS portal mentioned below after taking a long time for every grievance near about 2 to 3 years without giving me any information or reply, without passing a proper decision, without passing the order or direction for doing the investigation or without taking the disciplinary action against wrongdoers, Page 7 of 23 corrupt people and conspirators mentioned above Para 2 ignoring the corruption matters reported by me & ignoring the security of my service, future and life. Thus, she protect and rewarded to wrongdoers, corrupt people, conspirators and corrupt people's network and favoured them to destroy my future, my life and my 20 years excellent, honest, impeccable and out standing service just befor the 11th RAJ RIF Battalion's 2 years service.
21.(a) Please provide the Para wise information, the copies of the correspondence, decisions and the copies of disciplinary actions taken against corrupt people and conspirators regarding the Grievance registered PMO ID:
DMAFF/E/2020/01370 Date of Receipt 25/08/2020.
(b) Why did Miss SILA SINHA, DY DIRECTOR COORD closed my above grievance on 15/06/2021 after taking 10 months long period ignoring the other 4 grievances, which were registered 2 or 3 years before details mentioned in Para 1 of above grievance and why did she write false statement in Report column 'Report Remark' of portal, "Please see comments on Report Remarks above"
without sending me any reply, decision or without sending me or loading on portal My complaints are only registered on PMOPG Portal?
(c) Please inform me, whom Miss SILA SINHA, DY DIRECTOR COORD wants to mislead like this and why, somewhere in this way she is not trying to save the wrongdoers, corrupt and conspirators?
(d) Please inform me Para wise, what action was taken by Miss SILA SINHA, DY DIRECTOR COORD on Para 1 to 8 of my Grievance registered in PMO ID:
DMAFF/E/2020/01370 Date of Receipt 25/08/2020 & on its attached files.
(e) Why is Sh. Rajeev Singh Thakur Joint Secretary (Estt & Coord) The Nodal Authority for appeal, Department of Military Affairs or any competent officer or authority still not resolved, not sending any reply or taking any action on my appeal sent by email Wed, Jun 16, 2021 at 9:37 PM & despite sending repeated reminder emails dated Wed, Nov 17, 2021, Sat, Jan 1, 2022 at 7:16 AM & Sat, Mar 5, 2022 at 4:39 PM even after such a long time?
(f) Why is Sh. Satish Kerba Jadhav, Director of CPGRAMS still not taken any action or not sent me any reply or any information regarding my complaint email Sat, Mar 5, 2022 at 4:39 PM?
(g) Why is Sh. Satish Kerba Jadhav, Director of CPGRAMS or any competent authority still not taken any action against Miss SILA SINHA, DY DIRECTOR COORD against her false statement and her misleading behaviour done with Page 8 of 23 my all above mentioned grievances by only loading false statement in Report column 'Report Remark' of portal, "Please see comments on Report Remarks above" without sending me any reply, decision or without sending me or loading on portal?
(h) For how long do I have to wait for this grievance/appeal to be resolved?
22.(a) Please provide the Para wise information, the copies of the correspondence, decisions and the copies of disciplinary actions taken against corrupt people and conspirators regarding the Grievance registered PMO ID:
PMOPG/E/2020/0408486 Date of Receipt 12/05/2020.
(b) Why did Miss SILA SINHA, DY DIRECTOR COORD closed my above grievance on 05/08/2021 after taking 03 months long period without sending me any reply, decision or without sending me or loading on portal any 'Report Remark' ignoring the other 4 grievances, which were registered 2 or 3 years before details mentioned in Para 1 of above grievance, while she wrote false statement in Report column of portal, "Please see comments on Report Remarks above." My complaints are only registered on PMOPG Portal.
(c) Please inform me, whom Miss SILA SINHA, DY DIRECTOR COORD wants to mislead like this and why, somewhere in this way she is not trying to save the wrongdoers, corrupt and conspirators?
(d) Please inform me Para wise, what action was taken by Miss SILA SINHA, DY DIRECTOR COORD on Para 1 to 6 of my Grievance registered in PMO ID:
PMOPG/E/2020/0408486 Date of Receipt 12/05/2020 & on its attached files?
(e) Why did Sh. Rajeev Singh Thakur Joint Secretary (Estt & Coord) The Nodal Authority for appeal, Department of Military Affairs or any competent officer or authority still not resolve, ay reply or take any action on my appeal sent by email Tue, Aug 10, 2021 at 10:10 AM & despite sending repeated reminder emails on Wed, Nov 17, 2021 at 8:53 AM, reminder email on Sat, Jan 1, 2022 at 7:20 AM, reminder/ complaint mail on Thu, Jan 20, 2022 at 11:27 PM, Sun, reminder/ complaint email on Jan 23, 2022 at 1:03 PM & reminder/ complaint email on Tue, Mar 1, 2022 at 9:29 PM even after such a long time?
(f) Why did Sh. Satish Kerba Jadhav, Director of CPGRAMS still not take any action, any reply, or not sending any information regarding my complaint email dated Mar 1, 2022 at 9:29 PM?Page 9 of 23
(g) Why did Sh. Satish Kerba Jadhav, Director of CPGRAMS or any competent authority still not take any action against Miss SILA SINHA, DY DIRECTOR COORD against her false statement and her misleading behaviour done with my all above mentioned grievances by only loading false statement in Report column 'Report Remark' of portal, "Please see comments on Report Remarks above" without sending me any reply, decision or without sending me or loading on portal?
23.(a) Please provide the Para wise information, the copies of the correspondence, decisions and the copies of disciplinary actions taken against the corrupt people, wrongdoers and conspirators mentioned above Para 2 (e) regarding my complaint dated 20 June 2019 addressed to the honourable Prime Minister & its Grievance registered PMO ID:
PMOPG/D/2019/0215214.Date of Receipt 28/06/2019.
(b) Why are any civil authority or army channels or competent officer not taken any action to save my service, future and life from corrupt people and conspirators mentioned in my above complaint dated 20 June 2019 against the corrupt people, wrongdoers and conspirators mentioned above Para 2 (e) on my numerous transfer requests from 11th RAJ RIF & complaints sent to again and again from September 2017 to 29 Feb 2020 the date of pension out?
(c) Why did Miss SILA SINHA, DY DIRECTOR COORD, any civil authority, army channels or competent officer not provide me any information, reply, resolution or decision till date action taken by them after passing a long period about 3 years on my complaint dated 20 June 2019 addressed to the honourable Prime Minister & its Grievance registered PMO ID: PMOPG/D/2019/0215214.Date of Receipt 28/06/2019 & despite sending repeated reminders?
(d) Please provide the copies of reason and authorities regarding not taken any action inquiry against the corrupt people, wrongdoers and conspirators mentioned above Para 2 after passing a long period about 3 years on my complaint dated 20 June 2019 addressed to the honourable Prime Minister & its Grievance registered PMO ID: PMOPG/D/2019/0215214. Date of Receipt 28/06/2019 & despite sending repeated reminders.
(e) Why they all competent officer or authority wants to protect by not taking any action to the corrupt people, wrongdoers and conspirators mentioned above Para 2 like this and why? Please inform me.
(f) Why did Sh. Rajeev Singh Thakur Joint Secretary (Estt & Coord) The Nodal Authority for appeal, Department of Military Affairs or any competent officer or Page 10 of 23 authority still not resolve or take any action on my appeal sent by email Tue, Aug 10, 2021 at 9:24 AM & despite sending repeated reminder emails on Wed, Nov 17, 2021 at 8:24 AM, reminder email on Sat, Jan 1, 2022 at 7:21 AM, reminder/ complaint mail on Sat, Mar 5, 2022 at 4:59 PM even after such a long time?
(g) Why did Sh. Satish Kerba Jadhav, Director of CPGRAMS still not take any action or not send me any reply or any information regarding my complaint email dated complaint mail on Sat, Mar 5, 2022 at 4:59 PM?
(h) For how long do I have to wait for this grievance/appeal to be resolved?
(i) When will I get suitable justice for this grievance/appeal ?
(j) When will action has been taken, disciplinary action has been taken, the inquiry has been arranged against the corrupt people, wrongdoers and conspirators mentioned above Para 2 for this grievance/appeal to be resolved?
(k) When will action of punishment and terminating from their post has been taken against above mentioned corrupt people, wrongdoers and conspirators mentioned above in Para 2 for this grievance/appeal?
24. (a) Please provide the Para wise information, the copies of the correspondence, decisions and the copies of disciplinary actions taken against the corrupt people, wrongdoers and conspirators mentioned above Para 2 regarding my secrete corruption complaint dated 06 March 2019 addressed to the honourable Prime Minister & its Grievance registered PMO ID:
PMOPG/D/2019/0099688 dated 14 March 2019.
(b)Please inform me, by what authority and how did Miss Manju Bisht, Section Officer of RTI cell take action on the corruption complaint sent secretly by me to the honourable Prime Minister, instead of taking action or investigation by any competent investigating officer or investigating agency?
(c)Please inform me, by clarifying with Miss Manju Bisht, Section Officer of RTI cell, why did she do such unauthorized work by returning without any investigation, decision or resolution my Corruption complaint dated 06 March 2019 along with her letter MoD I.D. No. 491/2019/D(RTI) dated 4th April 2019, which was I received on 12/04/2019 by Speed Post No.: ED02688323IN.
(d)Please inform me, why had Miss Manju Bisht, Section Officer of RTI cell to write an unauthorised statement, "An uncompleted letter dt. 6.3.2019 along with several enclosures has been received in this Ministry from Shri Devendra Page 11 of 23 Kumar Singh which is being returned with the request to resubmit full application for taking suitable action." When this work was not the subject of her field of work?
(e)Please inform me, was the above statement of Miss Manju Bisht, Section Officer of RTI cell legal and correct?
(f) Please inform me, whom Miss Manju Bisht, Section Officer of RTI cell wants to mislead like this and why, somewhere in this way she is not trying to save the wrongdoers, corrupt and conspirators?
(g)Please inform me, why did she not take any action on my Corruption complaint dated 06 March 2019 registered on CPGRAMS PMO ID:
PMOPG/D/2019/0099688 dated 14 March 2019 and its several enclosures enclose as proofs of corruption along with?
(h)Please inform me, how my above Corruption complaint was uncompleted about which Miss Manju Bisht, Section Officer of RTI cell wrote 'An uncompleted letter' in her above statement in her above letter dated 4th April 2019.
(i) Please inform me, why did she not send the format or points for resubmitting 'An uncompleted letter' full application for taking suitable action?
(j) Please inform me, how and from which authority can Manju Bisht return without taking any proper action, investigation, decision or resolution my secret corruption complaint addressed to the honourable Prime dated 06 March 2019 registered on CPGRAMS PMO ID: PMOPG/D/2019/0099688 dated 14 March 2019?
(k)Miss Manju Bisht, Section Officer of RTI cell is not a proper authority. Returning my secret corruption complaint is a wrong and an authorise action for misguiding and for saving the wrongdoers, corrupt and conspirators.
(l) Please inform me, why has illegally and incorrect action on my above grievance REGARDING THE CURRUPTION OF THE 11TH RAJPUTANA RIFLES BATTALION (ARMY) been taken without any decision, resolution, remedy or any ivestigation so quickly?
(m) How it possible was so quickly that JS (PG & Coord) and CAO Sectt. Dy. No.1458 Date: 04/4/2019, the Ministery of Defense (Sectt.) Dy.No.491 Date:
04/4/2019 same day also signed my Corruption complaint dated 06 March Page 12 of 23 2019 same day, Miss Manju Bisht, Section Officer of RTI cell attached it with the letter dated 4/4/2019 and sent it to me by speed post on the same day, why did and vice versa Miss Sila Sinha, DY DIRECTOR COORD loaded current Status: case closed so quickly and writing the illegal and incorrect remark without any investigation on CPGRAMS on 09 April 2019, while my other four complaints registered on this portal have not yet received any reply, decision or remedy from 2 to 3 years by any one.
(n)Please inform me, Why did Commanding Officer 11th RAJ RIF Col Gurpreet Singh Chahal order and compel me to sign unknown documents, which were being prepared in the office on 06 April 2019, then I called 100 for police assistance to avoid signing unknown documents and he hatched as a conspiracy to implicate me from 30 March 2019 to 08 April 2019 in the incidents of abusive and assault etc., by luring the temple assistant Rifleman Gajendra Singh etc. The temple assistant Rifleman Gajendra Singh gave me threats to kill and abusing me for assaulting second time me on 08 April 2019 just before Miss Manju Bisht, Section Officer of RTI cell's letter MoD I.D. No. 491/2019/D(RTI) dated 4th April 2019, which was I received on 12/04/2019 by Speed Post No.: ED02688323IN & Miss Sila Sinha, DY DIRECTOR COORD loaded current Status: case closed on CPGRAMS on 09 April 2019?
(o)Please inform me, Miss Sila Sinha, DY DIRECTOR COORD did not take any action on my other 04 Grievances Mentioned above even after passing two-
three years, because of what compulsion and why, by wrongly writing an illegal statement and she closed it very quickly?
(p)Please provide the copies of all correspondence and investigation done by competent authority regarding above Grievance registered PMO ID:
PMOPG/D/2019/0099688 dated 14 March 2019.
(q)Please provide me a copy of written clarification- how and why the facts mentioned in my corruption complaint and attached evidence of corruption are unsubstantiated and bereft substance as per above statement of Miss Sila Sinha, DY DIRECTOR COORD and how should I present substantiated and stuffed substance in corruption complaint about the INFORMATIONS REGARDING THE CURRUPTION OF THE 11TH RAJPUTANA RIFLES BATTALION (ARMY) to proceed?
(r) Please inform me, why did Miss Sila Sinha, DY DIRECTOR COORD not send the format, points or proper direction regarding the sentence- "...closed being unsubstantiated and bereft of substance..." according her above advise (Remarks)?Page 13 of 23
(s) Please inform me, whom Miss Manju Bisht, Section Officer of RTI cell and Miss SILA SINHA, DY DIRECTOR COORD etc. want to mislead like this and why, somewhere in this way she is not trying to save the wrongdoers, corrupt and conspirators?
(t) I am having doubts on the events and methodology mentioned in above Para 19 (d), (m), (n) and (o), please inform that all these incidents and methodology are not an attempt to save the wrongdoers, corrupt and conspirators under any plan?
(u) Please inform me, If it is not so then; why action was not taken against the wrongdoers, corrupt and conspirators and not transferred immediately from 11th RAJ RIF to other Core/unit in view of security of my service, future and life and to ensure safety from any untoward incident with me from Commanding Officer of 11 Rajputana Rifles, Col Gurpreet Singh Chahal, Subedar Major Balbir Singh and Mandir Assistant Rifleman Gajendra Singh etc?
(v) Please inform me, why anyone neither took any action or investigation on my above complaints/transfer application nor gave me any information in this regard yet. The untoward incidents that happened to me by the Commanding Officer, just some days before the above actions of Miss Manju Bisht, Section Officer of RTI cell and Miss Sila Sinha, DY DIRECTOR COORD etc. are going to raise doubts?
(w) Please inform me, why did Prime Minister Office not register on CPGRAMS portal just like my secret corruption complaint addressed to the honourable Prime dated 06 March 2019 and not take any action yet on my complaint dated 20 April 2019 was sent accordingly the advice and statement of Miss Manju Bisht, Section Officer of RTI cell & Officer Concerns, Miss Sila Sinha, DY DIRECTOR COORD along with my above grievance & complaint dated 06/03/2019 addressed to the honourable Prime Minister and copied to the honourable Defence Minister and COAS regarding the CURRUPTION OF THE 11th RAJPUTANA RIFLES BATTALION (ARMY), to ensure safety from any untoward incident with me and to transfer immediately from 11 Rajputana Rifles in view of security from Commanding Officer of 11 Rajputana Rifles, Col Gurpreet Singh Chahal, Subedar Major Balbir Singh and Mandir Assistant Rifleman Gajendra Singh prayer for release.
(x) Please provide the information, what action has been taken or will be taken against Miss Manju Bisht, Section Officer of RTI cell & Officer Concerns, Miss Sila Sinha, DY DIRECTOR COORD etc. for their negligence of writing false & Page 14 of 23 misleading statement without reading the facts, wrong action, not taking any suitable action and not giving any resolution or decision.
(y) Why did Miss Manju Bisht, Section Officer of RTI cell & Officer Concerns, Miss Sila Sinha, DY DIRECTOR COORD etc. all not have read Para 7 to Para 13 of my second application attached with the covering letter of my above mentioned complaint dated 06 March 2019 before advise me, "...is being returned with the request to resubmit full application for taking suitable action" or "to send a Corruption Complaint through proper channel"
(z)In view of my above Para 19 (d) & (o) please inform me, why did anyone of Miss Manju Bisht, Section Officer of RTI cell and the Miss SILA SINHA, DY 15 DIRECTOR COORD etc. not provide me the format of the complaint, guideline or points.
(aa) How should I resubmit a complete and full application for appropriate action accordingly order given in above both statements- "....with the request to resubmit full application for taking suitable action." & ".......The petitioner was also advised to follow prescribed service channel of seeking redressal of grievances, if any."
(bb) Please provide the information, why was my secret letter loaded on the portal after some days ignoring my security, whereas I had also prayed for my safety in Para 5, 6 & 7 in last Paras in my secret letter dated 06 March 2019 & in Para 2 of its Covering Letter dated 06 March 2019, while it was written before in the Grievance Description of PMOPG- "STS- It is requested that the petitioners' identity may please be kept confidential."
25. (a) Why did the CPGRAMS Team change only the Date of Action instead of taking any action and sending me any resolution or remedy or decision from the complaint dated 17/12/2018 up to loading the Current StatusCase closed on 14/06/2021 approximately 3 years long time by the Dy Director Coord Officer Shrimati Shila Shinha?
(b) Why did the CPGRAMS Team ignore my Reminder Remark dated 23/08/2018 on registered grievance on CPGRAM portal & my above mentioned several reminder mails? I have not received any response yet.
(c) For how long do I have to wait for my complaint to be resolved?
(d) Why did the Dy Director Coord, Officer Shrimati Shila Shinha closed Grievance registration number PMOPG/D/2018/0463061 date of receipt Page 15 of 23 19/12/2018 by sending the mail & loading the Current Status- Case closed on 14/06/2021 after passing approximately 3 years long period ignoring the other above mentioned 4 grievances?
(e) Why did she write false statement in Report column 'Report Remark' of portal, "Please see comments on Report Remarks above" without sending me any reply, decision or without sending me or loading on portal?
(f) Please inform me, whom Miss SILA SINHA, DY DIRECTOR COORD wants to mislead like this and why, somewhere in this way she is not trying to save the wrongdoers, corrupt and conspirators?
(g) Please provide me the Para wise information regarding the Para 1, 2, 3, 4.
(a), (b),(c), (d), (e), Para 5 to Para 9 regarding Conspiracy of RECORDING OF SUMMARY OF EVICENCE, Para 10 to Para 12 regarding the conspiracy to trap me in pretext of annual leave certificate and harassing by taking back annual leave certificate from me, Para 13 to Para 18, Para 20 & Para 21 of my complaint dated 17 Dec 2018 addressed to the honourable Prime Minister and the honourable Defence Minister and copied to the C.O.A.S., GOC ( Div Commander) 22 Inf Div & the OIC Records RAJ RIF, what action was taken by Miss SILA SINHA, DY DIRECTOR COORD or by any competent authority ?
(h) Why is Sh. Rajeev Singh Thakur Joint Secretary (Estt & Coord) The Nodal Authority for appeal, Department of Military Affairs or any competent officer or authority still not resolved or taking any action on my appeal sent by email dated Jun 29, 2021, 3:13 PM & despite sending repeated reminder emails Jan 1, 2022, 7:22 AM & Mar 5, 2022, 5:07 PM even after such a long time?
(i) Why did Sh. Satish Kerba Jadhav, Director of CPGRAMS still not take any action or not send me any reply or any information regarding my complaint email Mar 5, 2022, 5:07 PM?
(j) Why did Sh. Satish Kerba Jadhav, Director of CPGRAMS or any competent authority still not take any action against Miss SILA SINHA, DY DIRECTOR COORD against her false statement and her misleading behaviour done with my all above mentioned grievances by only loading false statement in Report column 'Report Remark' of portal, "Please see comments on Report Remarks above" without sending me any reply, decision or without sending me or loading on portal?
(k) For how long do I have to wait for my grievance/appeal to be resolved?
Page 16 of 23(l) When will I get suitable justice?
(m) When will action has been taken, disciplinary action has been taken, the inquiry has been arranged against the corrupt people, wrongdoers and conspirators mentioned above Para 2?
(n) When will action of punishment and terminating from their post has been taken against above mentioned corrupt people, wrongdoers and conspirators mentioned above in Para 2?
26. Why did Col Gurupreet Singh Chahal Commanding Officer of 11th Rajputana Rifle (RAJ RIF), the Records Raj Rif, 35 Inf brigade and 22 Inf Div togather hatch conspiracies in pretext of attachment Defence Services Staff Collage, Wellington ignoring and breaking the order of Directorate General of Inf/Inf-6 (Pers), General Staff Branch's letter No. A/60117/RTJ/INF-6 (Pers) datd 08 Mar 2018 & 05 Sep 2018 :
XXXXX
27. Please provide the copy of information, regarding what action will be taken against Col Gurupreet Singh Chahal Commanding 18 Officer of 11th Rajputana Rifle (RAJ RIF), the Records Raj Rif, 35 Inf brigade and 22 Inf Div against their conspiracies mentioned above in Para 26?
28. Please provide the copies of action taken, correspondence, decision or resolution or arranged enquiry by any channel, competent officer or any authority against corrupt people, wrongdoers and conspirators mentioned above in Para 2 & my complaint regarding my complaint 14 March 2020 addressed to the Col Gurupreet Singh Chahal, the Commanding Officer of 11th Rajputana Rifle (RAJ RIF) and copied to the Honourable President, the Honourable Prime Minister, the Honourable Defence Minister, the Chief of the Army Staff, The Director General Armed Forces Medical Services, The Additional Director Medical Services (Army), The GOC (Div Commander) 22 Inf Division, The OIC Records RAJ RIF, The Area Commander Delhi Area, The Brigade Commander 35 Inf Bde & The Commanding Officer 13th Kumaon REGARDING DESTROYING MY SERVICE, LIFE AND FUTURE MAKGING UNCOUNTABLE HORRIFIC CONSPIRACIES AGAINST ME. (File attached along with email)
29. If any action has not been taken, please clarify in written that according to Army regulation and Indian Law, it is appropriate not to act, not to send any reply or resolution on any complaint to the complainant regarding my complaint 14 March 2020 addressed to the Col Gurupreet Singh Chahal, the Page 17 of 23 Commanding Officer of 11th Rajputana Rifle (RAJ RIF) and copied to all above competent channels.
30. If any action has not been taken, please provide the copies of reason and copies of authorities regarding not taking any action, not taking disciplinary action or not arranging the inquiry against the corrupt people, wrongdoers and conspirators mentioned above Para 2 & my complaint 14 March 2020 addressed to the Col Gurupreet Singh Chahal, the Commanding Officer of 11th Rajputana Rifle (RAJ RIF) and copied to all above competent channels.
31. Please provide the copies of action taken, correspondence, decision or resolution or arranged enquiry by any channel, competent officer or any authority against corrupt people, wrongdoers and conspirators mentioned above in Para 2 & in this corruption complaint regarding my corruption sent by a mail to the AntiCorruption Bureau Delhi Zone and Central Bureau of Investigation and above competent officers and authorities etc. on 15 April 2020 and 12 May 2020 respectively REGARDING THE CURRUPTION OF THE 11th RAJPUTANA RIFLES BATTALION (ARMY) POSTED IN SHANKAR VIHAR, DELHI CANTT with the attachment of letter dated 14 March 2020. ( MAIL ATTACHED).
32. If any action has not been taken, please clarify in written that according to Army regulation and Indian Law, it is appropriate not to act, not to send any reply or resolution on any complaint to the complainant regarding my corruption sent by a mail to the Anti-Corruption Bureau Delhi Zone and Central Bureau of Investigation and above competent officers and authorities etc. on 15 April 2020 and 12 May 2020 respectively REGARDING THE CURRUPTION OF THE 11th RAJPUTANA RIFLES BATTALION (ARMY) POSTED IN SHANKAR VIHAR, DELHI CANTT.
33. If any action has not been taken, please provide the copies of reason and copies of authorities regarding not taking any action, not taking disciplinary action or not arranging the inquiry against the corrupt people, wrongdoers and conspirators mentioned above Para 2 & in this corruption regarding my corruption sent by a mail to the Anti-Corruption Bureau Delhi Zone and Central Bureau of Investigation and above competent officers and authorities etc. on 15 April 2020 and 12 May 2020 respectively REGARDING THE CURRUPTION OF THE 11th RAJPUTANA RIFLES BATTALION (ARMY) POSTED IN SHANKAR VIHAR, DELHI CANTT.
34. Please provide me the following pieces of information, regarding my email was sent to the Officer In-charge, Anti-Corruption Bureau, Delhi, Central Bureau Page 18 of 23 of Investigation on Apr 15, 2020, & its copy as a attached file along with email on May 15, 2020, 11:33 PM sent to emal IDs: [email protected], [email protected], [email protected], Cbi Delhi addressed to the honourable Defence Minister regarding information of THE CORRUPTION OF THE 11th RAJPUTANA RIFLES BATTALION (ARMY) POSTED IN SHANKAR VIHAR, DELHI CANTT:- (a) Which action was taken on Para 7 & Para 8 of my above-
mentioned corruption complaint E-mail dated Apr 15, 2020. (b) Which action was taken on Para 9.
(a) Exploitation under the pretext of subscription of Residential Welfare Association (RWA) Fund, of my abovementioned corruption complaint E-mail dated Apr 15, 2020.
(c) Which action was taken on Para 9.
(b) Exploitation under the pretext of the amount of RFID TAG, of my above- mentioned corruption complaint E-mail dated Apr 15, 2020.
(d) Which action was taken on Para 10. Misuse of Government JCOs family accommodation of the JCOs, of my above-mentioned corruption complaint Email dated Apr 15, 2020. The JCOs 09 Government Family Accommodations are being misused by running Ram Army Pre-Primary School in an unauthorized manner.
(e) Please provide the copy of permission of authority, registration number, and copy of affiliation by the educational board for running Ram Army Pre-Primary School in government JCOs family accommodation of 11th Raj Rif battalion.
(f) Which action was taken on Para 11. JCOs and JCO Mess Fund exploited by Subedar Major Balveer Singh on the pretext of JCO mess, of my abovementioned corruption complaint E-mail dated Apr 15, 2020.
(g) Which action was taken on Para 12. The exploitation of JCOs/ORs under the pretext of Mandir Fund (Temple Fund), of my above-mentioned corruption complaint E-mail dated Apr 15, 2020.
(h) Which action was taken on Para 13. Private Wet Canteen located in the battalion is a Major Canter of Corruption, of my above-mentioned corruption complaint E-mail dated Apr 15, 2020.
Page 19 of 23(i) Which action was taken on Para14. The exploitation of allowances paid in cash by the battalion by not paying the allowances in time or not paying at all, of my above-mentioned corruption complaint E-mail dated Apr 15, 2020."
The CPIO furnished a reply to the Appellant on 13-10-2022 stating as under:
"An extract of Para 2 of Note of concerned agency of this HQ. vide which information pertaining to your query has been provided, is enclosed herewith."
Point No. (a, b, c, e) It is intimated the cognizance of complaint was taken and was duly investigated under prevalent Army Act/Rules.
Point No. (e, f, g) Requisite details/content not available by DV Dte.
Point No. (h, i) It is intimated the cognizance of complaint was taken and was duly investigated under prevalent Army Act/Rules."
Being dissatisfied, the appellant filed a First Appeal dated 14-11-2022. The FAA vide its order dated 19-12-2022, held as under:
"2 AND WHEREAS, the CPIO at Integrated Headquarters of MoD (Army), vide their letter No A/810027/RTI/OF-75631 dated 13 Oct 2022 has provisioned reply to the said application.
3 AND WHEREAS, aggrieved by the response of the PIO at Integrated Headquarters of MoD (Army), Ex Sub (RT) Davendra Kumar Singh preferred an appeal dated 14 Nov 2022. under the provisions of section 19 (1) of the said Act, stating that he is not satisfied with the information provided as requested vide his application dated 01 May 2022.
4. AND NOW THEREFORE, after having perused all the records and after hearing views of the nodal officer, I find that appropriate reply has already been provisioned to the appellant by the CPIO vide RTI Cell letter No A/810027/RTI/OF-75631 dated 13 Oct 2022. I, therefore, uphold the decision 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:-Page 20 of 23
Appellant: Shri Davendra Kumar Singh, attended the hearing through VC. Respondent: Colonel Sumita Pattanayak, CPIO and Colonel GS Tewatia, AGS Branch, attended the hearing in person.
The Appellant stated that he is not satisfied with the reply provided by the Respondent qua the instant RTI Application.
The Respondent submitted that based upon the comments received from the concerned agency, an adequate reply in terms of RTI Act was furnished to the Appellant vide letter dated 13.10.2022. She added that the averred complaints filed by the Appellant was found frivolous and baseless and accordingly was closed by the competent authority. She further added that the Appellant in most of the points of his RTI Application is seeking clarifications from the CPIO which is beyond the ambit of information as per Section 2 (f) of the RTI Act and further advised the Appellant to approach his unit for his grievances.
A written submission has been received from Col Sumita Pattanayak, CPIO, vide letter dated 09.05.2024, and the same has been taken on record. The relevant extract of the same is as under:
"1.Reference is made to Hon'ble CIC File No CIC/ARMHQ/A/2023/616609 dt 29 Apr 2024.
2. Brief of the Case. The appellant Sub Davendra Kumar (Retd) has filed RTI application seeking information about his"Various Complaint".
3. Application under RTI. Initial RTI application dt 01 May 2022 alongwith comments related to seeking information about his "Various Complaints" was received from AG/DV-1 (P) at this RTI Cell on 10 Oct 2022. Based upon the comments of agency information was provisioned to the appellant vide this RTI Cell letter No A/810027/RTI/OF_75631 dt 13 Oct 2022 (copy enclosed).
4. First Appeal. Appellant filed First Appeal dt 14 Nov 2022 being dissatisfied with disposal of the CPIO, which was received at this Cell on 25 Nov 2022. First Appeal was heard by the Frist Appellate Authority on 19 Dec 2022, wherein First Appellate Authority upheld the decision of the CPIO vide Speaking Order No B/87008/AG/PM/RTI-6228 dt 19 Dec 2022.
5. Second Appeal. Notice of hearing for Second Appeal being dissatisfied with disposal of the CPIO was received at this RTI Cell on 06 May 2024 and the same has been listed for hearing at 1030hrs on 14 May 2024.
6. Submission and Recommendation. It is submitted that the case has appropriately been disposed by CPIO, IHQ of MoD (Army) vide this RTI Cell letter No A/810027/RTI/OF_75631 dt 13 Oct 2022. It is also pertinent to mention that 02 (two) CIC hearing of the above appellant on the similar queries have already been held and Page 21 of 23 the decision of the CPIO was upheld vide CIC decision No CIC/ARMY/C/2022/111794 and CIC/DODEF/C/2022/111940 dt 22 Dec 2022 (copies enclosed). Further there is no larger public interest and amounts to using RTI as tool/ mechanism to seek redressal to his personnal complaints/ grievances.
7.It is also intimated that copy of this submission cannot be forwarded to the appellant through email as his email address is neither mentioned in his initial RTI application nor in his Second Appeal."
Decision:
At the very outset, the Commission observes that the Appellant has sought information on 34 points and each point has several sub-points in the instant RTI Application which translates to over 110 questions (approximately). Replying to such an RTI Application is extremely cumbersome and does not even conform to the word limit of 500 as prescribed in Rule 3 of RTI Rules, 2012 and it would be unjust for the public authorities to provide information of such magnitude. Despite the fact, the Commission observes that an adequate reply in terms of the provision of the RTI Act has been provided to the Appellant and the Commission upholds the same. Further, the Appellant in the instant RTI Application has sought interpretation, justification or clarification which would require personal opinion of the CPIO and the same is beyond the ambit of information under Section 2 (f) of the RTI Act. This has been clearly discussed in the decision dated 03.04.2018, passed by the Bombay High Court while deciding the case of Dr. Celsa Pinto vs. The Goa State Information Commission, wherein it was held as under:
" ..The definition cannot include within its fold answers to the question why which would be the same thing as asking the reason for a justification for a particular thing. The Public Information Authorities cannot be expected to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justifications are matter within the domain of adjudicating authorities and cannot properly be classified as information..."
Emphasis supplied The written submission dated 09.05.2024 filed by the Respondent is comprehensive but a copy of the same has not been sent to the Appellant and accordingly the Respondent is directed to send the copy of the same along with relevant annexures, both on Appellant's email address i.e., <[email protected]> as well as through speed post, within Page 22 of 23 one week of receipt of this order. No further action is required in the instant matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार तििारी) Information Commissioner (सच ू ना आयक् ु ि) Authenticated true copy (अभिप्रमाणणर् सत्यापपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 23 of 23 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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