Central Information Commission
Amar Singh vs Military Engineer Services on 20 March, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MESER/A/2023/149205
Amar Singh .....अपीलकता/Appellant
VERSUS
बनाम
CPIO
Garrison Engineer
Military Engineer Services
Ferozepur Cantt. -900342 .... ितवादीगण /Respondent
Date of Hearing : 11.03.2025
Date of Decision : 19.03.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 14.08.2023
CPIO replied on : 25.09.2023
First appeal filed on : 14.09.2023
First Appellate Authority's order : Not on Record
2nd Appeal/Complaint dated : 27.12.2023
Information sought:
The Appellant filed an RTI application dated 14.08.2023 (offline) seeking the following information:
" (1.) फरोजपुर छावनी के W-I Zone एवं W- II Zone म 01 अग त 2020 के बाद सरकार आवास म जो भी सम त मरमत का काय, !े लस का काय Plumper का काय, फन#चर, (%खड़क(, दरवाजे, प)ट) का काय, सरकार आवास क( रं गाई-पुताई का काय हुआ है । उसका सम त 1यौरा 3दया जाए Page 1 of 5 तथा इन सभी काय म कस ठेकेदार या सं था के 7वारा कराया गया है । उसका सम त 8ववरण 3दया जाए/ (2.) फरोजपुर छावनी के W-I Zone एवं W- II Zone म 01 अग त 2020 के बाद सरकार आवास म जो भी सम त मरमत का काय, !े लस का काय Plumper का काय, फन#चर, (%खड़क(, दरवाजे, प)ट) का काय, सरकार आवास क( रं गाई-पुताई का काय हुआ है। उसका सम त जानकार द जाए तथा इसका भग ु तान धनरा>श कस कस ठे केदार या सं था को द गयी है उसका सम त 1योरा ब)क खाते और Aबल स3हत 3दया जाए।
(3.) फरोजपुर, छावनी के W-1 Zone ja, W-II Zone ग 01 अग त 2020 के बाद सरकार आवास म जो भी सम त काय कये गये है । उनके सभी के पDके Aबल क( सम त जानकार द जाए सभी Aबल 01 अग त 2020 के बाद क( जानकार होनी च3हए।"
The CPIO furnished a reply to the Appellant on 25.09.2023 stating as under:
"The information as sought by you is of prolonged nature and contains large numbers of documents, which could disproportionately divert the department resources. According to Section 7 (9) of the RTI Act 2005 state that an information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question". Hence, you are requested to visit the office personally and inspect the required documents or files on 05 October 2023."
Being dissatisfied, the appellant filed a First Appeal dated 14.09.2023. The FAA's order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference.Page 2 of 5
Respondent: Shri Nirmal Kumar, Asstt. Engg. Civil, appeared through video conference.
The appellant inter alia submitted that the CPIO had deliberately denied the requested information by misinterpreting Section 7(9) of the RTI Act. He contended that requested information pertains to government expenditure and should be readily available in structured records. He added that the claim that providing such information would disproportionately divert resources is unjustified, as the details should be maintained in a computerized format or documented through procurement records. The appellant further submitted that he went for inspection of records, but complete records were not given for inspection. Besides, he informed that he was living in a government quarter located in the Firozpur Cantt area and he requested for repairing of his quarter but the same was not done so far.
The respondent while defending their case reiterated the CPIO's reply 25.09.2023 and denied the information under section 7 (9) of the RTI Act.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observed that reply given by the respondent CPIO is unsatisfactory and legally untenable. It may not be out of place to mention that Section 7(9) of the RTI Act does not provide grounds for denial of information but only allows for providing information in an alternative form if required. The requested information relates to public expenditure and should be readily available in a structured manner. The CPIO failed to provide any reasonable justification for denying the information and did not cite any exemptions under Section 8 or Section 9 of the RTI Act.
The CPIO remained absent despite service of hearing notice and his representative did not submit proper authority letter for appearance in this case. Besides, the officer appeared on behalf of the CPIO was not well versed with facts of the case, thus, failed to assist the Commission in disposing the matter.Page 3 of 5
It is noted that CPIO has not made any effort to provide proper reply or information to the RTI application even upon receipt of hearing notice of the Commission. In view of the above, Ms. Vaishali Yadav, present CPIO/Garrison Engineer (East), and Shri D. Siddartha the then PIO/ Garrison Engineer (East) (as on 25.09.2023) are show caused to explain as to why maximum penalty under section 20 (1) of the RTI Act should not be imposed upon each of them for not providing the proper reply/information and also for not appearing before the Commission despite notice. Shri Nirmal Kumar, Asstt. Engg. Civil, is given responsibility to serve a copy of this order as well as show cause notice to the above-named officials (present CPIO and the then CPIO) and secure their attendance on the next date of hearing. All the written explanations (from both the CPIOs) must reach the Commission within four weeks from the date of receipt of this order.
In addition to the above, the present CPIO is directed to provide the information to the appellant as per the provisions of the RTI Act, free of cost, within three weeks from the date of receipt of this order, under intimation to the Commission.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
FAA Garrison Engineer Military Engineer Services Ferozepur Cantt. -900342 Page 4 of 5 Ms. Vaishali Yadav, present CPIO/Garrison Engineer (East), Garrison Engineer Military Engineer Services Ferozepur Cantt. -900342 Shri D. Siddartha Then PIO/ Garrison Engineer (East) (as on 25.09.2023) Garrison Engineer Military Engineer Services Ferozepur Cantt. -900342 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)