Central Information Commission
Maj Kapil Sawhney vs Ministry Of Home Affairs on 19 June, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MHOME/A/2024/112002
Shri MAJ KAPIL SAWHNEY ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Ministry of Home Affairs
Date of Hearing : 17.06.2025
Date of Decision : 17.06.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 20.02.2024
PIO replied on : 01.03.2024
First Appeal filed on : 06.03.2024
First Appellate Order on : 26.03.2024
2 Appeal/complaint received on
nd : 05.04.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 20.02.2024 seeking information on following points:-
1. "Is their any concession for wards of Kashmiri Hindu migrants for admission in Higher education institutions in India?
2. Under Indian law are Kashmiri Hindus women penalized for marrying someone from other state?
3. After abrogation of Article 370/35A are Kashmiri Hindu women marrying someone outside the state being discriminated? Kindly provide supporting Govt. documents.
4. Are husband of Kashmiri Hindu women married to a person outside J&K entitled for domicile certificate of J&K UT? Kindly provide supporting Govt. documents.
5. Are child of Kashmir Hindu migrant women married to a person outside J&K entitled for migrant quota for admission in higher education institutions in India? Kindly provide Govt document supporting the same.
6. Are child of Kashmir Hindu migrant men married to a girl outside J&K entitled for migrant quota for admission in higher education institutions in India? Kindly provide Govt document supporting the same."
The CPIO, Ministry of Home Affairs, New Delhi vide letter dated 01.03.2024 replied as under:-
2. ".........it is informed that information as sought by you is not available with the undersigned CPIO. It may be noted that only such information can be supplied under the RTI Act, 2005 that is available and existing and is held by the public authority.
However, the requisite information might be available with the Government of Jammu & Kashmir. Therefore, you are advised to approach the Government of Jammu and Kashmir to get the information directly from the Govt. of J&K under the RTI Act, 2005 In terms of para 3(iv) of DoPT O.M. No.10/2/2008-IR dated 12.06.2008."
Page 1 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 06.03.2024. The FAA vide order dated 26.03.2024 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Absent The CPIO vide his written submissions stated that various details sought by the appellant are not available with this office. Hence, the applicant was advised to approach UT of J&K for getting requisite information. As per the guidelines issued by the DOP&T dated 12.06.2008, an RTI application need not be transferred to the State Govt. /UT Administration if the Information requested by an applicant is concerned to a Public Authority under any State Government or Union Territory.
Further, it is also to state that CIC has already disposed of the same matter vide their decision dated 11.06.2025 in case of Shri Major Kapil Sawhney vs. PIO, MHA in respect of second Appeal no. CIC/MHOME/A/2024/131972.
Decision:
Commission at the outset observes that an appeal arising from identical RTI application of the Appellant has already been heard and previously decided by this Commission, in the case no. CIC/MHOME/A/2024/131972 dated 11.06.2025. The present appeal and the previously adjudicated matter, as mentioned hereinabove, pertains to the similar RTI Application filed by the Appellant. Hence, by the application of the principle of res-judicata, no further intervention of the Commission is warranted.
Sd/-
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 2 Copy to:-
Shri MAJ KAPIL SAWHNEY B4, 3023, VASANT KUNJ, New Delhi-110070 THE CPIO MINISTRY OF HOME AFFAIRS DEPARTMENT OF JAMMU, KASHMIR AND LADAKH AFFAIRS (SRA & LC SECTION) NORTH BLOCK, NEW DELHI-110001 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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