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[Cites 3, Cited by 0]

Central Information Commission

Jafar D Sanadi vs Ministry Of Defence on 7 April, 2026

                             के ीय सूचना आयोग
                       Central Information Commission
                          बाबा गं गनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                        नई िद ी, New Delhi - 110067


File No: CIC/DODEF/A/2024/125233


Jafar D Sanadi                                   ....अपीलकता/Appellant


                                   VERSUS
                                    बनाम


                                              .... ितवादीगण /Respondent
The CPIO
ASC Records (South),
Shri Thyagi M Palanivelu Road,
Nagashettyhalli, Victoria,
Layout, Banglore-560007


Date of Hearing                  : 07.04.2026
Date of Decision                 : 07.04.2026


INFORMATION COMMISSIONER :          SANJEEV KUMAR JINDAL

Relevant facts emerging from second appeal:


RTI application filed on          : 17.04.2023
CPIO replied on                   : 31.05.2023
First appeal filed on             : 13.06.2024
First Appellate Authority's order : N.A
Second Appeal dated               : 13.08.2024




                                                                   Page 1 of 5
 Information sought

:

1. The Appellant filed an RTI application on 17.04.2023 seeking the following information:
"Ref:78501/123/COAS/06/O/IV/ST12 Dtd. 17th November 2006.
1) Service records details (excerpts) of Katal D. Sanadi right from the days of enrolment of service-until his Mysterious death.
2) Copies of medical papers alleged to Have had stomach pain and poisoning Suffering with neurotic depression as Available from records.
3) His post mortem papers since they were not a available with our parents. It is said that he was placed under Med Cat EEE and recommended to be invalidated out of service. The papers relating to this invalidation".

2. The CPIO furnished a reply to the appellant on 31.05.2023 stating as under:

"1) Refer to your RTI application dated 17 Apr 2023 received vide IHQ of MoD(Army) letter No 78402/RTI/Q/IV/ST-12 dated 28 Apr 2023 on the same subject.
2) Your RTI application dated 22 Jun 2009 was heard by CIC on 09 Feb 2021 and disposed off vide letter No CIC/IARMY/A/2018/170698 dated 12 Feb 2021.
3) Since, you are a third party as per our documents, no info/docu are required to be provided under section 11 (1) of RTI Act 2005.
4) Moreover, the case is 25 years old and being NOT enlisted in the service records, your claim for docu whatsoever, is irrelevant and infructuous in nature. This office.has already communicated the complete aspect of case under RTI to you vide letter No 14804473/RTI/Legal Cell dt 27 Mar 2023 and even Nos dt 17 Dec 2015 and dt 26 Sep 2015.
5) It is therefore communicated that NO RTI Application/grievance on the same subject will be entertained/replied hereafter and please treat this as a notice to you to avoid clerical labour and stationary expenditure on this case".

3. Being dissatisfied, the appellant filed a First Appeal on 13.06.2023. The FAA order is not available on the record.

Page 2 of 5

4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-
Appellant: Mr. Jafar D Sanadi Respondent: Lt. Col. Ajita BK, PIO & Chief Record Officer (Pension), MOD Bengalore

5. Proof of having served a copy of Second Appeal on Respondent, while filing the same in CIC, is not available on record.

6. The Appellant inter alia submitted that although he has received a copy of the post-mortem report, he is seeking access to the complete records/file pertaining to his brother Late Sep Katal D. Sanadi, including service records, medical documents, and related papers. He expressed dissatisfaction with the earlier reply furnished by the CPIO and stated that complete information has not been provided.

7. The respondent while defending their case inter alia submitted that he RTI application dated 17.04.2023 was duly replied to on 31.05.2023 and that the matter had also been adjudicated earlier by the Commission vide order dated 12.02.2021. It was further submitted that initially the information was denied considering the Appellant as a third party under Sections 11(1) and 8(1)(j) of the RTI Act, 2005. However, during the course of the hearing, the Respondent clarified that proof of identity along with death certificate in respect of sibling was submitted by the appellant. Therefore, requisite information/documents have been provided vide letter dated 30.03.2026 and further affirmed during the hearing that the entire copy of file can be provided to the Appellant.

8. Written submissions dated 23.02.2026 filed by the respondent is taken on record wherein it is stated that the appellant claims to be the brother of Army No. 14804473 Late Sep Katal D. Sanadi and has submitted an RTI Application dated 17.04.2023. It is stated that Late Sep Katal D. Sanadi was enrolled in the Army on 27.12.1992. While serving with 5021 ASC Bn, he was admitted to 167 MH on 19.05.1995 as a case of Neurotic Depression (ICD

300) with deliberate self-poisoning. He was placed in medical category "EEE" (Psychological) and recommended for invalidment out of service. The Invaliding Medical Board proceedings were approved by DDMS HQ Northern Command. He was SOS from 5021 ASC Bn to Depot Coy ASC Centre (South) on 05.11.1995 for discharge formalities and was likely to be invalided out on 19.11.1995. However, at around 0600 hrs on 19.11.1995, his dead body was Page 3 of 5 found hanging from a tree and the body was sent to Victoria Hospital for post-mortem. As per the report, death was due to asphyxia as a result of hanging. The body was handed over to his mother Smt. Mashabi and elder brother Mr. G.D. Sanadi. It is stated that the name of the applicant, Jafar D. Sanadi, is not recorded in the service records of the deceased; hence, his relationship and intent cannot be established. It is stated that the applicant has earlier approached the Central Information Commission on the same subject, and the matter was disposed of vide File No. CIC/IARMY/A/2018/170698 dated 12.02.2021. It is stated that the RTI Application dated 17.04.2023 was already replied to by this office vide letter dated 31.05.2023. It is stated that the First Appeal dated 13.06.2023 has not been received in this office. It is stated that the information sought pertains to third-party personal information and had been denied under Sections 11(1) and 8(1)(j) of the RTI Act, 2005.

Written submissions dated 16.03.2026 and 30.03.2026 filed by the respondent CPIO is taken on record wherein it is stated that proof of identity along with death certificate in respect of sibling was submitted by the appellant. It is also stated that requisite information/document were provided to the appellant vide letter dated 30.03.2026.

Decision:

9. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records and written submissions, notes that the core grievance of the Appellant pertains to non-receipt of complete records relating to his brother Late Sep Katal D. Sanadi despite providing proof of identity. The Commission further notes that during the hearing, the Respondent submitted that they have no objection in providing the copies of the complete file to the Appellant.

In view of the above and taking into consideration the submissions made by the respondent CPIO during the hearing, the Commission directs the respondent CPIO to provide the copies of the complete file pertaining to Late Sep Katal D. Sanadi to the Appellant, free of cost, within a period of 07 days from the date of receipt of this order, under intimation to the Commission.

With the above observations and directions, the appeal is disposed of.

Sd/-

SANJEEV KUMAR JINDAL(सं जीव कुमार िजंदल) Information Commissioner (सू चना आयु ) date: 07.04.2026 Page 4 of 5 Authenticated true copy (अिभ मािणत स ािपत ित) (SK Chitkara) Dy Registrar 011- 26107051 Addresses of the Parties:

1. The CPIO ASC Records (South), Shri Thyagi M Palanivelu Road, Nagashettyhalli, Victoria, Layout, Banglore-560007
2. Directorate General of Supplies and Tan Quartermaster General's Branch, Integrated Headquarter of MoD Army, DHQ PQ, New Delhi-110011
3. Jafar D Sanadi Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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