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Central Information Commission

Mr.Burgraj N Ramteke vs Ministry Of Defence on 22 April, 2013

                       Central Information Commission
    Room No. 308, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

                         File No:CIC/LS/A/2013/000575

       Appellant             :       Shri Durgraj N Ramteke
       Public Authority          :   Ordnance Factory, Chanda (Maha)
       Date of hearing       :       22.04.2013
       Date of Decision      :       22.04.2013

FACTS :

Heard today dated 22.04.2013. Appellant not present. The public authority is represented by Shri S.C. Bajpai, GM (AA) and Shri P.R. Mandal, Addl GM (CPIO).

2. In the RTI application dated 19.08.2012, the appellant had sought the following two informations :-

(a) copies of certificates submitted by Firemen Shri Tarun Mandal and Shri Dinesh D Upase; and
(b) copy of the departmental inquiry report conducted against Shri Upase.

3. Vide letter dated 15.10.2012, the CPIO had refused to disclose information requested for in para (a) on the basis of non-consent of the concerned employees. However, he had not passed any order on para (b) above.

4. On appeal, the AA had upheld the decision of the CPIO in regard to para (a). As regards para (b), he had taken the view that the inquiry was not yet complete and, therefore, requested information could not be disclosed u/s 8(1)(h) of the RTI Act.

5. I uphold the decision of the AA in regard to para (b) above. However, as regards para (a), the matter is remanded to the CPIO with the direction to issue a notice to the appellant for personal hearing and decide the matter afresh.

Sd ( M.L. Sharma ) Information Commissioner Authenticated. Additional copies of the order shall be supplied on application and payment of fees, as per RTI Act, to the CPIO of the Commission.



(K.L.Das)
Dy Registrar             Address of the Parties :-

(l)The Addl GM & CPIO,                       (2) Shri Durgraj N Ramteke, Qr No.
Ordnance Factory, Chanda,                        27-C/II/V, Bandrawati,
Maharashtra - 442 501                            Chandrapura - 442 501