Central Information Commission
Tomy Varghese vs Indian Air Force on 16 September, 2022
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: - CIC/IAIRF/A/2021/656542
In the matter of
Tomy Varghese ... Appellant
VS
1. Central Public Information Officer
HQ SAC Indian Air Force, Akkulam,
Thiruvannathapuram - 695011.
2. Central Public Information Officer
PCDA (AF), 107, Rajpur Road,
Dehradun - 248001
3. Central Public Information Officer
HQ, WAC, IAF, Subroto Park,
New Delhi - 110010
...Respondent
RTI application filed on : 08/09/2021 CPIO replied on : 20/09/2021, 25/10/2021 First appeal filed on : 18/10/2021 First Appellate Authority order : 09/11/2021 Second Appeal filed on : 26/11/2021 Date of Hearing : 15/09/2022 Date of Decision : 15/09/2022 The following were present: Appellant: Present over VC
Respondent: SQN LDR Abhishek, CPIO, HQ WAC, Neeraj Kumar, Accounts Officer & CPIO, PCDA, Dehradun and Wg Cdr Satish, CPIO, HQ SAC, Thiruvannathapuram.
1Information Sought:
The Appellant has sought the following information with reference to objection raised by PCDA (AF) in Feb 2016 vide 2033/7Bii/02/07/13:
a. How many objections were raised by PCDA (AF) in the FY 2015-16, pan IAF, against fraudulent LTC claims?
c. Out of the said objections, how many resulted in full recovery of LTC claim by IAF in the FY 2015-16?
c. The appellant was awarded a 'Reproof' by C-in-C, WAC for submitting 'fake railway ticket' along with LTC claim for the year 2013. In this regard provide a copy of the said 'fake railway ticket'.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing: The appellant submitted that the CPIO had deliberately provided false information. During the hearing he submitted that because of the allegation that he had filed a false railway ticket, he had to take early retirement after working for 20 years as a Commissioned Officer. He submitted that all he wanted is a copy of the fake railway ticket which is the main document based on which action was taken against him.
The CPIO, PCDA submitted that an appropriate reply was given to the appellant on 25.10.2021. He also referred to his written submissions dated 08.09.2022.
Observations:
From a perusal of the relevant case records, it is noted that on points no. 1 & 2, the CPIO vide his reply dated 25.10.2021 had rightly stated that the sought for information is in the form of questions which is not information as per the RTI Act. For point no. 3, the CPIO in his written submissions has informed that all the copies of bills/tickets were given to the appellant vide letter dated 09.07.2021 in connection with some other RTI application.
On a query to the concerned CPIO as to whether a copy of the fake railway ticket, based upon which some action was taken against the appellant was given to him, he submitted that only the PNR number was available with them and they had provided the same to the appellant. The CPIO was further asked to inform as to who is the holder of the fake ticket, to which he submitted that this information is available with Air Force Station, Sirsa. Since the contention of the appellant is justified that what he was seeking was not given to him, the 2 CPIO, PCDA is directed to collect the desired information i.e. a copy of the fake railway ticket bill from its holder and provide the same to the appellant. The CPIO should take note that non-availability of the ticket needs to be properly justified as the appellant had vehemently stated during the hearing that he had submitted a copy of such railway ticket to the Air Force Station, Sirsa with his claim.
Decision:
In view of the above, the Commission finds it appropriate to direct the CPIO, PCDA to take assistance from the custodian in the Sirsa office or any other possible custodian and provide a copy of the fake railway ticket to the appellant within 15 days from the date of receipt of the order under intimation to the Commission.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ$भ&मा'णत स)या*पत & त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3