Central Information Commission
Ravinder Kumar vs Indian Army on 20 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/IARMY/A/2023/145398
Ravinder Kumar .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Directorate General of EME(Civ.)
C/o Hq. Tech Gp EME Pin-900106
C/o 56 APO .... ितवादीगण /Respondent
Date of Hearing : 09.01.2025
Date of Decision : 20.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 22.07.2022
CPIO replied on : 19.08.2022
First appeal filed on : 15.10.2022
First Appellate Authority's order : 14.12.2022
2nd Appeal/Complaint dated : 17.11.2023
Information sought:
The Appellant filed an RTI application (offline) dated 22.07.2022 seeking the following information:
"प सं या-B/20590/A&P/EME Ci-2/vol-II dt16 जुलाई D.G. of EME/EME CIV, MGO' Brach IHQ of MoD (Army) नयी द ल 110011 वारा हाई ल क ड ेड-1 से MCM (मा टर $ा%टमेन0 के ए लवशन/ पदोन*ी के लए दये Page 1 of 4 गए ,नद- श. के /प मे ज़र 1कया गया था और आज तक 6भाव मे है क छाया 6,त।"
The CPIO furnished a reply to the Appellant on 19.08.2022 stating as under:
"1. Your attn is drawn to the order by the Hon'ble Judge Justice Prathiba M Singh in WP. (C) 7976/2020 in the Hon'ble High Court of Delhi "This Court is of the opinion that whenever information is sought under the RTI ACT, disclosure of an interest in the information sought would be necessary to establish the bonafides of the applicant. Non-disclosure of the same could result in injustice to several other affected persons, whose information is sought".
2. Towards establishing your bonafides as a citizen of India who is empowered to seek information in compliance to Section 3 of the RTI Act, it is requested that the Aadhar Card in your name as Shri Ravindra Kumar alongwith endorsement of your residential address and registered mobile number be forwarded to this Directorate on MOST IMMEDIATE priority please.
3. Please also disclose your interest in the information sought so that this Directorate can furnish the sought information post your establishing your bonafides as a citizen of India. Any delay whatsoever in establishing the same and consequent delay in furnishing of the sought information from this Directorate shall rest solely and wholly at your end."
Being dissatisfied, the appellant filed a First Appeal dated 15.10.2022. The FAA vide its order dated 14.12.2022, held as under:
"Departmental Selection Committee for elevation of Highly Skilled personnel to Master Craftsman (MCM) that was being convened at this Dte was transferred to HQ Base Wksp Gp in the year 1999. DPC Consultation are classified as C-3 or one year after the D.P.C. has been reconstituted, whichever is later., vide Ser No 32 (12) (a) of Record Retention Schedule in respect of Records common to all Ministries/ Departments, 2012 notified by Dept. of Administrative Reforms & Public Grievances, Govt. of India. Therefore, Dte Gen of EME (Civ) letter No B/ 20590/ A&P/EME Civ-2/Vol-Il dt 16 Jul 99 at this Dte has been weeded out".
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-Page 2 of 4
Appellant: Not Present.
Respondent: Not Present.
Both the parties were not present despite the notice being served in advance.
Decision:
The Commission upon a perusal of records observes that the main premise of instant appeal was non-furnishing of information by the PIO. The Commission observes that factual position in the matter has already been informed to the Appellant as per his RTI application vide letters dated 19.08.2022 and 14.12.2022.
It is an admitted fact that the PIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the Appellant. The PIO can only provide information which is readily available in their records.
In this regard, the Commission finds no infirmity in the reply and the same was found to be in consonance with the provisions of RTI Act.
Further, the Respondent has not bothered to intimate the Commission regarding the reason for his/her non-appearance and the said conduct is admonished. The Commission cautions the Respondent that in future, he/she shall refrain from committing such lapses.
No intervention of the Commission is required in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) Page 3 of 4 (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Directorate General of EME(Civ.) C/o Hq. Tech Gp EME Pin-900106 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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