Central Information Commission
Ashok Kumar Arean vs National Disaster Management ... on 26 February, 2021
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/NDMAU/A/2018/165767
Shri Ashok Kumar Arean ... अपीलकता/Appellant
VERSUS/बनाम
1. PIO, National Disaster Response Force, ... ितवादीगण /Respondent
Pt. Dindayal Antyodaya Bhawan, 9 thFloor,
CGO Complex, Lodhi Road, New Delhi- 110003
2. PIO, O/o Commandant 8thNDRF, PO-Sector-
19, Kamla Nehru Nagar, Dist. Ghaziabad-201002
Through: Sh. Praveen Kumar Tiwary -
Commandant
Date of Hearing : 24.02.2021
Date of Decision : 26.02.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 04.06.2018
PIO replied on : 13.07.2018
First Appeal filed on : 30.06.2018
First Appellate Order on : 25.07.2018
2ndAppeal/complaint received on : 05.11.2018
Information soughtand background of the case:
The Appellant filed an RTI application dated 04.06.2018 seeking information on following 7 points:
1. Give certified copies of complete details of purchases done for dog squad, i.e. dog feed, medicines, kit items etc for 2016-2017 financial year. Certified copies of details of demand placed by dog squad, Adm approval, Sanction, LPC, supply order, line committee, stock entry ,vouchers, ,received voucher by dog squad and quarter master branch, stock entry by dog squad and consumption. Give certified copies of all these purchases. Certified copies of dog feed stock register for year 2016-2017, 2017-2018 financial year.
2. Give certified copies of all local purchase committees ordered during 2015-2016, 2016-2017, and certified copies of proceedings of all local purchase committees, quotations from all suppliers, copy of noting sheets for LPC ordered during 2015-2016, financial years.
3. Certified copies of duties done by all Maruti Gypsy vehicles, i.e. car diary, indents etc. during 2016-2017, 2017-2018 financial year.Page 1 of 3
4. Certified copy of duty of April to July 2016 done by Mahindra Scorpio which got accident in July 2016. Give certified copy of proceedings of COI of this vehicle also.
5. Salary account statement of commandant 8 Bn NDRF for last two financial years.
6. Give certified Copy of correspondence between 8 Bn NDRF& HQ ITBP in matter of DPC,DE/Vigilance, Medical Category of Dr Ashok Kumar Arean, AC/Veterinary from 15.11.2017 to 15.05.2018. It must consists of all the Messages, letters sent by HQ ITBP and their replies by 8 Bn NDRF in this matter. Also send name and rank of personnels who signed office copy of this correspondence in 8 Bn NDRF.
7. Give certified copy of details of complete purchase of tower for CSSR demonstration in 2015, give certified copy of condemnation details of previous tower also.
The CPIO, Office of Commandant 8th Bn. NDRF, Ghaziabad furnished a point wise reply to the Appellant vide letter dated 13.07.2018 stating as under:
Reply on Point no. 1,2,3,6 &7: Information sought under para-1, 2, 3, 6 & 7 is voluminous which will be covered in approximately 11410 pages. As per provisions given in DOPT notification Dtd-16.09.2005 para- 4 (a) and para-5 for providing the information under sub-section (1) & (5) of section 7 of RTI Act-2005 the fee shall be charged at the rate of rupees two for each page and the amount shall be paid by way of demand draft or bankers cheque payable to the accounts officer. Therefore you are requested to submit demand draft or banker cheque for Rs.22,820 in favour of Account officer/ DDO of this unit.
Reply on Point no. 4: COI of accidental vehicle of Mahindra Scorpio has been conducted by a board of officers presided over by commandant 7 th Bn NDRF and is presently lying with HQ NDRF. Hence information sought in para-4 is not available in this unit. Reply on Point no. 5: Information sought at para-5 is related to personal information hence cannot be provided under section 8 (1) (J).
Dissatisfied with the reply on received from the PIO, the Appellant filed a First Appeal dated 30.06.2018. The FAA vide order dated 25.07.2018 observed that the information has been furnished and upheld the reply of PIO.
Aggrieved and dissatisfied with the reply, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19 hearings through video conference were scheduled after giving prior notice to both the parties.
Both parties are heard through video conference. Respondent has submitted a detailed written note dated 23.02.2021, during the course of hearing which indicates that HQ, NDRF directed the 8th Bn to provide all information to the Appellant free of cost, in the form of a CD on 23.02.2019. The Appellant Page 2 of 3 intimated that the CD sent to him was blank and hence, subsequently, a DVD containing 3.95 GB data was sent to him on 25.06.2019. Appellant present during hearing contended that he did not receive the desired information since, the DVD sent subsequently was found to be broken.
Decision Discussions between parties during the course of hearing reveal that information as available on record had been provided by the Respondent, though the information was voluminous. However, the Appellant claimed that the desired information had not been received by him on both occasions.
In the light of the above position, the Respondent is hereby directed to send a complete set of the submissions dated 23.02.2021, placed before the Commission, with the annexures 'A' to 'N' by post to the Appellant within two weeks of receipt of this order. Respondent shall submit a compliance report before the Commission in this regard with necessary proof of service by 15.03.2021.
The appeal is disposed off on the above terms.
Y. K. Sinha ( वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3