Central Information Commission
Mr.Sunil Dhir vs Ministry Of Defence on 11 December, 2012
Central Information Commission
Room No. 308, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Files No:CIC/LS/A/2012/000637
( Col Sunil Dheer Vs Indian Army )
Dated : 11.12.2012
This is in continuation of this Commission's proceedings dated 22.03.2012 wherein the parties were directed to file their written representations. Col Vijay Singh has filed his representation dated 03.05.2012, which is taken on record, wherein he has relied on this Commission's decision dated 02.06.2011 in Sher Singh Rathore case (File No.CIC/LS/A/2011/000438). Para 7 thereof is reproduced below :-
"7. The same issue had come up before this Commission in File No. CIC/LS/A/2010/001300(Lt. Genl.(Retd.) Avadhesh Kumar - Vs- Indian Army and this Commission vide decision dated 25.04.2011 had held that in a matter where GCM proceedings had been ordered or were under contemplation, such matter would be deemed to be under investigation in terms of section 8(1)(h) of the RTI Act. In para 26 of the representation extracted above, Shri Chandrashekhar has stated that based on summary of evidence, the confirming authority has already ordered trial of the petitioner by GCM. He has also stated that disclosure of the opinion and findings of CoI are likely to impede the process of prosecution. He has given detailed reasons in the above mentioned para which need not be repeated. On the other hand, the appellant's case is that CoI has been concluded and statements of witnesses have already been supplied to him but the opinion and findings of the CoI have not been provided. In other words, while the appellant is looking at the CoI proceedings on 'stand alone' basis, Shri Chandrashekhar, on the other hand, is looking at the entire disciplinary proceedings as a continnum, beginning with CoI proceedings and terminatingwith confirmation proceedings. In the facts and circumstances of the case, we are inclined to agree with Shri Chandrashekhar that the matter may be deemed to be under prosecution and disclosure of requested information at this stage would impede the process of prosecution. Viewed thus, the matter, in hand, is covered under clause(h) of section 8(1). Hence, we find no infirmity in the decisions of CPIO & AA in denying requested information in File Nos. 001300 & 000655 in this regard."
2. In addition to the above, Col Vijay Singh has also contended that disclosure of requested information at this crucial stage would amount to laying open the line of arguments of the prosecution and the material evidence thereby prejudicing the case of prosecution. The relevant portion of para 6 is extracted below :-
".......................Further, disclosure of such information as to which authority had held what opinion on the case at this crucial stage would amount to laying open the line of prosecution arguments and the material evidence, and witness considered vital by the prosecution and adversely influence the prosecution witnesses and this will severely impede the course of the court martial and adversely affect the dispensation of justice. It is reiterated that even the court martial is not privy to the information sought by the applicant the disclosure of the information would certainly jeopardize the neutrality of the court martial and thus impede prosecution and the case squarely falls under the ambit of Section 8(1)(h). Hence, the information was rightly denied to the applicant under section 8(1)(h) of the RTI Act, 2005."
3. In the facts and circumstances of the case, I am inclined to agree with the submission of Col Vijay Singh that disclosure of information at this stage would impede the process of on going court martial proceedings thereby attracting section 8(1)(h) of the RTI Act. The appeal is, therefore, dismissed.
Sd/ ( M.L. Sharma ) Information Commissioner Authenticated. Additional copies of the order shall be supplied on application and payment of fees, as per RTI Act, to the CPIO of the Commission.
(K.L.Das) Dy Registrar Address of the Parties :- ( l) The Col G.S. (Education) & CPIO, 2) Col Sunil Dhir, Headquarters South Western Command, B - 94, Vaishali Nagar, PIN 908 546 C/o 56 APO Jaipur - 302 021.