Central Information Commission
Mr.Col Sunil Khosla vs Ministry Of Defence on 1 July, 2011
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2011/001173
Appellant : Col. Sunil Khosla
Respondent : Indian Army
Date of hearing : 1.7.2011
Date of decision : 1.7.2011
FACTS
The matter is heard today dated 1.7.2011. Appellant present alongwith his Adv. Rajeev Yadav. The Army is represented by Col. Naveen Sharma and Col. A. S. Pal. The parties are heard.
2. The matter, in short, is that COI proceedings were conducted against the appellant for certain acts of omission and commission and punishment of censure was awarded to him. The appellant has moved the AFT in this connection. Vide RTI application dated 15th March, 2010, the appellant had sought a copy of the findings of the COI and the opinion of the Court. Besides, he had also sought some other related information. During the hearing, he submits that he will be satisfied if the findings of the Court of Enquiry and opinion of the court is provided to him. He pleads that COI has been completed and final order passed thereon and, therefore, the matter cannot be said to be under investigation in terms of section 8 (1) (h) of the RTI Act.
3. On the other hand, Col. Sharma submits that the matter is pending in AFT and, therefore, information may be deemed to be barred u/s 8 (1) (h) of the RTI Act.
4. As noted above, the COI proceedings are complete in all respects and the pendency of the matter in AFT is no ground for denial of requested information. It is, therefore, ordered that a copy of the findings of COI and the opinion of the Court may be provided to the appellant after obliterating the names and designations of officers who are signatories to these documents. The location of COI also need not be disclosed. This order is in line with several orders passed by this Commission in similar matters.
5. This order may be compiled with in 02 weeks.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Deputy Registrar Address of parties :-
1. The Colonel & CPIO HQ Northern Command, PIN 908545, C/o 56 APO
2. The Brigadier & AA HQ Northern Command, Pin 908545 C/o 56 APO
3. Shri Sunil Khosla HQ 29 Inf, Division, Pin 908429 C/o 56 APO