Central Information Commission
Malti Devi vs Indian Air Force on 28 February, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No : CIC/IAIRF/A/2023/103875
Malti Devi .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
HQ Western Command,
IAF, Subroto Park,
New Delhi- 110010 ....प्रनर्वािीगण /Respondent
Date of Hearing : 26-02-2024
Date of Decision : 28-02-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 17-10-2022
CPIO replied on : 02-12-2022
First appeal filed on : 18-11-2022
First Appellate Authority's order : 28-12-2022
2nd Appeal/Complaint dated : 17-01-2023
Information sought:
The Appellant filed an RTI application dated 17.10.2022 seeking the following information:
"Malti Devi W/O Mr. Rameshwar Singh, is seeking the following information under RTI Act 2005. Please provide me Certified Copy of the following Documents, information's
1. What is the General Applications Personal Application in the Indian Air Force and also provide the following Documents/ Information pertaining to the same:Page 1 of 23
(a) Copy of the Original Document from where these Applications have been commenced/ Originated in the IAF.
(b) "Definition and Meaning of these two Applications
(c) Sample copy of the Applications
(d) Differences between both the Applications
(e) Purpose & Use of these Applications and by whom these are used.
(f) Occasion of their use along with detailed information with Example to understand easily about both the Applications
(g) UP to what level these Applications reaches for decision?
(h) Who is competent Authority to dispose of these Applications?
(j) Is there any provision to dispose of these Applications by Intermediate Channels/ If Yes in what matter and situations?
(k) What is the minimum and maximum time provisioned in the IAF to pass decisions on these Applications? PI provide Copy of the provisions.
(l) Is there any provision to provide or communicate the decision of these Applications to the individual / Initiator in writing? If yes, Pl provide Copy of the provisions. If no provision exists then what proof as an evidence held with the individual who has raised his issue to addressed by the Competent Authority.
(m) Difference between term Decision and dispose of the Applications in IAF.
2. What is Counseling, Quarterly Performance Counseling & Special Counseling or any more Counseling term in the Indian Air Force? And also provide the following Documents/ Information pertaining to the same:
(a) Copy of the Original Documents from where these counseling have been commenced/ Originated in the IAF.
(b) Definition and Meaning of each type of the Counseling's.
(c) Sample and copy of format of these counseling's.
(d) Differences between each of these counseling's.
(e) Alm, Purpose, utility & Use of these of these counseling's and by whom these are being conducted, specify the channels to which level needs to be followed for each type of Counseling's.
(f) Occasion of their use along with detailed information with Example to understand easily about all the Counseling's.
(g) Up to what level all the counseling's reaches and where the Record of the same is kept? Whether copy of the same provided to the individual or not? If it is not provided to the individual, what may be consequences if it is provided? Does any authority prevents not to provide copy of the same to the individual?
(h) Who is competent Authority to take decision of these counseling's?
(i) Periodicity of all these counseling and their consequential Effects if not conducted timely? Does it affect individuals Career? If yes, in what manner and Page 2 of 23 level? Who remain held responsible for non-conduct and delayed conduct of these counseling's?
(k) Wherever documentary Evidences of the same is available, please provide?
(l) Provide Quarterly Performance Counseling record in respect of 765941-H JWO Rameshwar Singh Weapon Fitter along with the following information:
(i) Certified Copy of all the Counseling conducted from 01 April 2020 to 12 Sep 2022.
(ii) Complete details of information of Initiating Officer and Reviewing Officer in all the Counseling's, SRO and NSRO.
(iii) Have all the Counseling Conducted in time or some of the Counseling Conducted after elapse of the Quarters. If not conducted in time, what was the cause of delay in conduct of the Counseling? What had happened if not conducted in time frame? Then What about the time frame, fixed three monthly for the Quarterly Performance Counseling? PI specify the provision and Records.
(iv) Are these counseling conducted periodically carry any weightage/ effect in the career? If yes, what weightage and in which proportionate and manner?
(v) Responsibility of Conduct of Quarterly Performance Counseling reside with individual or reside with Authority? If it resides with Individual, provide details of the provision, where it is mentioned? If it resides with authority, then specify the Authority with documentary provisions?
(m) Is there any more type of Counseling conducted in the IAF? If yes, Pl Provide format, Purpose, Occasion, by whom and its utility in the IAF.
(n) Provide Record of Quarterly Performance Counseling Conducted by 765941- H JWO Rameshwar Singh Weapon Fitter along with the following information:
(i) Certified Copy of list of all the Personnel whose Quarterly Performance Counseling conducted by him for the period from 01 April 2020 to 12 Sep 2022.
(ii) Complete details of personnel worked with him also list of all the personnel whose Quarterly Performance Counseling conducted by the JWO.
(iii) Have all the Counseling Conducted in time or some of the Counseling Conducted after elapse of the Quarters. If not conducted in time, what was the cause of delay in conduct of the Counseling? What had happened if not conducted in time frame? Then What about the time frame, fixed three monthly for the Quarterly Performance Counseling? PI specify the provision and Records.
(iv) Are these counseling conducted periodically by the JWO carry any weightage/ effect in the careerof the personnel worked under him? If yes, what weightage and in which proportionate and manner the career has affected of the personnel?
(v) Responsibility of Conduct of Quarterly Performance Counseling reside with individual or reside with Authority? If it resides with Individual, provide details Page 3 of 23 of the provision, where it is mentioned? If it resides with authority, then specify the Authority with documentary provisions?
(o) What is Special Counseling in the IAF? Provide Special Counseling record in respect of 765941-H JWO R Singh Weapon Fitter along with the following information:
(i)Certified Copy of all the Special Counseling conducted from 01 April 2020 to 12 Sep 2022.
(ii) Details of information of Initiating Officer and Reviewing Officer in all the Special Counseling's.
(iii) Are these counseling conducted periodically? Does this carry any weightage/ effect in the career? If yes, what weightage and in which proportionate and manner the career has affected of the person? Please provide copy of the Provision of Special Counseling in the glorious Organisation?
(p) Please provide Certified Copy of the General Application dated 22 Jan 21 regarding Reply / Comments on Special Counseling Conducted by CEO on 19 Jan 21 in reference of Redressal of Grievances Application dated 30 December 20 submitted against Sqn Ldr SS Sidhu (33333) AE (M) & 776818-G JWO Pankaj Sharma Weapon Fitter raised by 765941-H JWO Rameshwar Singh Weapon Fitter? And also provide the following Documents/ Information pertaining to the same:
(i) Status of the General Application.
(ii) Copy of ultimate disposal by Competent Authority.
(iii) Is there any provision to provide in writing the Remarks copy of all intermediate channels and decision copy by the ultimate Authority? If yes, copy provided of the same to the individual or not?
(iv) How much time it should take to take decision by the ultimate Authority as per Rule positions in the IAF? Provide copy of the provisions.
(v) Reaching up to ultimate Authority is reside with aggrieved person or reside with the Authority? Provide documentary proof of the same?
(vi) Decision copy conveyed to the aggrieved or not? PI provide copy of the Decision of the General Application.
3. What is Charge and what is Charge Sheet? And also provide the following Documents/ Information pertaining to the same:
(a) Copy of the Original Document from where these terms have been commenced/ Originated in the IAF.
(b) Definition and use of these two terms.
(c) Sample copy of these.
(d) Differences between both of these terms.Page 4 of 23
(e) Purpose & Use of these Applications and by whom these are used.
(f) Occasion of their use along with detailed information and their procedure of auctioning with Example to understand easily about both the terms.
(g) UP to what level these terms are used for taking decision on these terms?
(h) Who is competent Authority to dispose of the Charge Sheet? Provide copy of the provision/documents.
(j) What is the minimum and maximum time provisioned in the IAF to dispose of pass decisions on these terms? Pl provide Copy of the provisions.
(k) Is there any provision to provide or communicate the decision of terms to the individual / Initiator in writing? If yes, PI provide Copy of the provisions. If no provision exists then what proof as an evidence held with the individual who has raised the Charge Sheet.
(l) Provide Certified Copy of the letter 18W/151/3/Arm dated 01 Oct 20 regarding forwarding of IAFF (P) 13 Charge Sheet in respect of 933916-L Corporal Govind Krishna Upadhyay Weapon Fitter (R). And also provide the following Documents/ Information pertaining to the same:
(i) Copy of the Charge Sheet.
(ii) Whether the Charges have been trialed or not? If trial then date of trial and disposal of the same? If not yet trialed then expected period of trial?
(iii) Status of the Charge Sheet.
(iv) Maximum Period of trial of the Charge Sheet along with copy of the Provisions.
(v) Copy all the correspondence pertaining to this Charge Sheet which has taken place to all concerned Authorities from the date of Offence to 12 Sep 227
(vi) What is the minimum or maximum time for trial of a Charge Sheet? PI provide copy of the provision.
(vii) Provide list of all the Charge Sheets from 01 Sep 20 to 12 Sep 22, with their personal details, date of offence, Charges, date of trial of the Charges, punishment awarded and present status of the Charge Sheets.
(m) Provide Certified Copy of the Personal Application dated 20 Jun 22 regarding submission of Charges against 776818- G JWO Pankaj Sharma Weapon Fitter for necessary action? And also provide the following Documents/ Information pertaining to the same:
(i) Copy of the General Application.
(ii) Copy of all the intermediate channel Remarks on General Application?
(iii) Copy of Status of the General Application and Personal Application.
(iv) Copy of Decision of the Applications.
(v) Is there any time frame under which these Applications needs to be disposed of? Pl provide copy of the authority?Page 5 of 23
(vi) Is there any provision to Appeal against such Applications? If yes, where and in what forum and Authority?
4. What is Redressal of Grievances in the Organisation? And also provide the following Documents/ Information pertaining to the same:
(a) Copy of the Original Document from where this provision of RoG has commenced/ Originated in the IAF.
(b) Definition and Meaning of Redressal of Grievances. (C) Sample copy of format of the Redressal of Grievances.
(d) What is the ultimate level and ultimate time frame provisioned in the IAF to pass decisions on the Redressal of Grievances? Pl provide Copy of the provisions.
(e) Purpose & Use of the term and by whom these are being used?
(f) Occasion of their use along with detailed information with Example to understand easily about Redressal of Grievances.
(g) At what level Redressal of Grievances can be addressed for final decision?
(h). Who is competent Authority to dispose of Redressal of Grievances Applications ultimately? Does this is done with consent of the aggrieved or without the consent of the aggrieved person? PI Provide copy of such provision, if exists? Provide copy of any RoG application which has been disposed of with consent of the aggrieved person at Station level also copy of the Application which has been disposed of at ultimate level of the Organisation?
(j) Is there any provision to dispose of the Redressal of Grievances below ultimate level by Intermediate Channels/ If Yes, in what matter and situations?
Provide copy of such RoG Applications in the Station, which has been disposed of by intermediate channels? Also provide
(k) What is the minimum and maximum time provisioned in the IAF to pass decisions on the Redressal of Grievances at ultimate level? Pl provide Copy of the provisions.
(l) Is there any provision to provide or communicate the decision of these Applications to the individual / Initiator in writing? If yes, Pl provide Copy of the provisions of such Applications, where person has been communicated with the Remarks of all intermediate channel before ultimate disposal of the RoG Applications. If no provision exists to communicate in writing the Remarks of intermediate channels then what proof as an evidence held with the individual who has raised his Issue to be addressed by the Competent Authority.
(m) In case neither the RoG Application disposed of at intermediate channels nor any copy of Remarks of intermediate channels provide to the aggrieved person, is there any other alternate provision available in the Organisation to know the progress of the RoG Applications in writing?
Page 6 of 23(o) Provide Certified Copy of Redressal of Grievances Application dated 30 December 20 submitted against Sqn Ldr SS Sidhu (33333) AE (M) & 776818-G JWO Pankaj Sharma Weapon Fitter record/ status in respect of 765941-H JWO R Singh Weapon Fitter along with the following information's:
i) Certified Copy of General Application of Redressal of Grievances Application with all Remarks?
(ii) Copy of ultimate disposal by Competent Authority.
(iii) Is there any provision to provide in writing the Remarks copy of all intermediate channels and decision copy by the ultimate Authority? If yes, copy provided of the same or not?
(iv) How much time it should take to take decision by the ultimate Authority as per provision in IAF? Provide copy of the provisions.
(v) Reaching up to ultimate Authority is reside with aggrieved person or reside with the Authority? Provide documentary proof of the same?
(vi) Decision copy conveyed to the aggrieved or not? PI provide copy of the Decision of the Application.
(p) Provide Certified Copy of General Application dated 04 Jan 21 about correction in Redressal of Grievances Application dated 30 December 20 submitted against Sqn Ldr SS Sidhu (33333) AE (M) & 776818-G JWO Pankaj Sharma Weapon Fitter record/status in respect of 765941-H JWO R Singh Weapon Fitter along with the following information:
(i) Certified Copy of General Application dated 04 Jan 21 with all intermediate Remarks?
(ii) Copy of ultimate disposal by Competent Authority.
(iii) Is the correction incorporated or not? If yes, copy of correction provided or not? PI provide copy of the same?
(iv) Status of the General Application dated 04 Jan 21.
5.What is the term Critical trades and Non-Public Fund duties in IAF? And also provide the following Documents/ Information pertaining to the same:
(a) Copy of the Original Document from where these provisions of Critical trades and Non-Public Fund has been commenced/ Originated in the IAF.
(b) Definition and Meaning of Critical trade and Non-Public Fund duties.
(c) List of Critical trade and Non-Public Fund Duties in IAF, along with the following:
(i) Present Critical trades and Non-Public Fund Duties.
(ii) Past Critical trade with their date of criticality and for how much period it was critical and same information for Non-Public Fund and Copy of the Non-
Public Fund Duties.
Page 7 of 23(iii) Is Weapon Fitter trade is a Critical trade, presently, or had been ever before? If yes, Pl provide the complete period whenever the trade has been critical trade?
(iv) What are the criteria to be a critical trade?
What is the ultimate Remedies / provisions available / followed in the IAF 10
(d)overcome this situation?
(e) PI provide Copy of the provisions and procedure to overcome the situation of critical trades
(f) Can a person fall in the category of critical trade be allowed to work in non- trade duties or Non Public Fund duties?
(g) At what level critical trade can be addressed by authority ultimately?
(h) Who is competent Authority to dispose of critical trade issues ultimately? Who decided to deploy a person for Non-trade duties or Non-Public Fund Duties? Does consent or willingness to work in Non-trade duties and Non-Public Fund Duties obtained from the individual or not?
(i) What is the difference between Non-trade duties and Non-Public Fund Duties? Pl provide copy of the each type of duties prescribed by the competent Authority?
(k) What is the minimum and maximum time provisioned in the IAF to work in Non- trade duties and Non-Public Fund duties? Pl provide Copy of the provisions.
(l) A person allowed to work for more than three years and then allowed to work in his parent trade. Who is responsible, Organisation or individual for creation of destruction of knowledge of individual trade for such prolong period?
(m) Is there any provision in the Organisation to work voluntarily in Non-trade duties or in Non- Public Fund duties? If yes, please provide copy of the Provisions?
(n) Can a person fall in the category of critical trade be allowed to work in Non- Public Fund duties? If yes for how much period and who is competent Authority to deploy him? If no what may be the probable causes of not deploying such a trade person?
6. What is the term Show Cause Notice in IAF? And also provide the following Documents/ Information pertaining to the same:
(a) Copy of the Original Document from where these provisions of Show Cause Notice has been commenced/ Originated in the IAF.
(b) Definition, Meaning and format of Show Cause Notice.
(c) Who can issue Show Cause Notice?
(d) What is the ultimate Remedies / provisions available / followed in the IAF to overcome issue of Show Cause Notice?
(e) What is the procedure for Issue of Show Cause Notice?Page 8 of 23
(f) Show Cause Notice serve positive or negative impact on the career of an individual? If it causes positive impact, provide in detail of the same and if it causes negative impact, provide the negative impacts in detail?
(g) What is the procedure for reply of Show Cause Notice?
(h) Is there any provision in the Organisation to refuse to accept the Show Cause Notice? What are all its consequences of refusal?
(j) What are all reasons when Show Cause Notice can be issued to the individuals?
(k) What is the minimum and maximum time provisioned in the IAF to issue and receives reply of the Show Cause Notice?
(l) Is there any provision for Appeal against Show Cause Notice? If yes then what?
(m) Provide Certified Copy of all Show Cause Notices issued to 765941-H JWO Rameshwar Singh Weapon Fitter for the period from 11 March 2019 to till date?
(n) Provide Certified Copy of all the replies made to Show Cause Notices issued to 765941-H JWO Rameshwar Singh Weapon Fitter for the period from 11 March 2019 to 07 Sep 22? And also provide Certified Copy of decision of the Show Cause Notices
(o) What are the Occasions of issue of Show Cause Notice to the individual in the Organisation?
7. What are the Principles of Natural Justice? And also provide the following Documents/ Information pertaining to the same:
(a) Copy of the Original Document from where these provisions Principles of Natural Justice has been commenced/ Originated in the IAF.
(b) Definition and Meaning of Principles of Natural Justice?
(c) Who are all to follow Principles of Natural Justice?
(d) What is the ultimate Remedies / provisions available to be followed in the IAF to overcome issue of not following Principles of Natural Justice?
(e) What is the procedure to follow Principles of Natural Justice in the Organisation?
(f) Principles of Natural Justice serve positive or negative impact on the Organisation or on the individual?
(g) What is the Occasion of following Principles of Natural Justice in the Organisation?
(h) Is there any provision in the Organisation to refuse to follow the Principles of Natural Justice? What are all its consequences of not following Principles of Natural Justice? PI provide copy of the same.
(i) What is the Occasion of following Principles of Natural Justice in the Organisation?Page 9 of 23
(k) What is the purpose of Principles of Natural Justice in the Organisation?
(l) Is there any provision for Appeal against Principles of Natural Justice? If yes what?
(m) Are these Principles followed in the Organisation?
8. What is the Provision of Search Warrant and Seizure memo in IAF? And also provide the following Documents/ Information pertaining to the same:
(a) Copy of the Original Document from where these Provision of Search Warrant and Seizure memo has been commenced/ Originated in the IAF.
(b) Definition, Meaning, Differences, purpose and format of Search Warrant and Seizure memo.
(c) Who can issue Search Warrant? PI provide copy of the Provision?
(d) Who can prepare seizure memo?
(e) What is the procedure for Issue of Search Warrant and Seizure memo?
(f) Search Warrant and Seizure memo serve positive or negative impact on the career of an individual? If it causes positive impact, provide in detail of the same and if it causes negative impact, provide the negative impacts in detail?
(g) What is the procedure for reply of Search Warrant and Seizure memo?
(h) Is there any provision in the Organisation to refuse to accept the Search Warrant and Seizure memo? What are all its consequences of refusal? Specify provisions?
(j) What are all reasons when Search Warrant and Seizure memo can be issued to the individuals?
(k) What is the ultimate Remedies / provisions available / followed in the IAF Ic overcome issue of Search Warrant and Seizure memo?
(l) Is there any provision for Appeal against Search Warrant and Seizure memo?
If yes then what?
(m) Provide Certified Copy of Search Warrant and Seizure memo carried out at the residence of 765941-H JWO Rameshwar Singh Weapon Fitter for the period from 11 March 2019 to till date? Pl provide Authority, time, reason, Number of personnel involved in the search and seizure memo? Copy of Result of the same.
(n) Please Provide Certified Copy of all the Search Warrant and Seizure memo in the Station from 11 Mar 19 to 07 Sep 22 along with the following details:
(i) Name of the person had been searched.
(ii) Date of search and seizure.
(iii) Time of search and seizure.
(iv) Location of search and seizure.
(v) Property seized during search and seizure.
(vi) Property was personal property or Service property.Page 10 of 23
(vii) Copy of punchnamaa.
(viii) Name of Punchaas.
(ix) List of personal conducted search and seizure.
(x) Authority of the Search and seizure with date.
(xi) Property is still seized or released. If released date and time of release with proof of delivery.
(xii) Aim and Purpose of search and seizure.
(o) Can these information be sought through RTI Act 2005 or not if not PI provide authority which prevent it from disclosure to the public?
(p) What is the Occasion of issue of Search Warrant and Seizure memo to the individual in the Organisation?
(q) Is copy of Search Warrant and Seizure memo issued to the person who had carried out search? Specify provisions for the same with copy of the provisions?
9. Provide the following information related to deployment of 765941-H JWO Rameshwar Singh Weapon Fitter? And also provide the following Documents/ Information pertaining to the same:
(a) Complete details of his present deployment.
(b) Deployment details from 01 April 20 to 12 Sep 22?
(c) How many places the JWO has been deployed from 01 April 20 to 12 Sep 22? Deployment is on individual request or by authority?
(d) Provide copy of all the Charter of duties performed by 765941-H JWO Rameshwar Singh Weapon Fitter while working / deployment at each place of his deployment from 01 April 20 to 12 Sep 22?
(e) What is the provision for change of Section of an individual in IAF? PI provide copy of the Provision in IAF?
(f) Is his deployment, changed suddenly and frequently from 01 April 20 to 12 April 22? If Yes, what is the cause of sudden and frequent change of his deployment? This has his consent or not? If yes provide copy of the consent? If no, which provision allows someone to suddenly change his working place without reasonable opportunities of hearing to the individual?
(g) Is the individual have bad character, bad behavior, poor proficiency, inadequate knowledge of his trade or any other factor? Which promote the authorities to frequently change his working place? Pl provide copy of evidence in your support?
(h) Before sudden and frequent change of his Section, does he provided opportunities of hearing of representation of his side? If yes please provide copy of the hearing representation. If no, is it justified and fair enough as per the rule of Organisation?
10. What is the Hierarchy and work flow in Indian Air Force? And also provide the following Documents/ Information pertaining to the same:
Page 11 of 23(a) Copy of the Original Document from where these terms has been commenced/ Originated in the IAF.
(b) Definition and Meaning of Hierarchy and work flow in IAF.
(c) Sample copy of the Hierarchy and work flow in Station Armoury.
(d) Differences between both the terms.
(e) Purpose & Use of these terms and by where these are used.
(f) Occasion of their use along with detailed information with Example to understand easily about both the terms.
(g) Who is competent Authority for maintaining the terms. Hierarchy and work flow in Indian Air Force?
(h) Who are all to follow these terms?
(j) How these terms are communicated to all in IAF.
(k) What is the Hierarchy and work flow of Weapon Storage Area?
11. List of all personnel worked under and with the JWO Rameshwar Singh Weapon Fitter from 08 April 20 to 12 September 22? And also provide the following Documents/ Information pertaining to the same:
(a) Place of work in the Section.
(b) Period of work in the Section.
(c) Nature of Job i.e. Trade job, Common job or Non-trade job.
(d) Provide copy of the Charter of his duties in the Section?
12. What is the Annual Report & Annual Confidential Report in the Indian Air Force and also provide the following Documents/ Information pertaining to the same:
(a) Copy of the Original Document from where these terms have been commenced/ Originated in the IAF.
(b) Definition and Meaning of these two terms.
(c) Sample copy of these two terms.
(d) Differences between both the two terms.
(e) Purpose & Use of these Applications and by whom these are used.
(f) Occasion of their use of applicability along with detailed information with Example to understand easily about both these two terms.
(g) UP to what level these Reports reaches for Record?
(h) What is the basis of these Reports?
(i) These reports are pertaining to whom?
(k) What is the period of raising these reports? PI provide Copy of the provisions.
(l) What are all criteria for raising AR and ACR?
(m) Who can raise whose AR and ACR?
(n) ACR? What are all conditions or criteria to be an Initiating Officer for raising AR and
(o) Can a Sergeant be 10 for some one? If yes, for who?
(p) Can a Junior Warrant Officer be IO for some one? If yes, for who? PI provide copy of the Provision?Page 12 of 23
(q) Does raising of AR and ACR somewhere concerned with the Quarterly Performance Counseling? If yes, in what manner and How it is ensured? PI provide copy of the Provisions?
13. What is the Summary of Evidence & Court of Enquiry in the Indian Air Force and also provide the following Documents/ Information pertaining to the same:
(a) Copy of the Original Document from where these terms have been commenced/ Originated in the IAF.
(b) Definition and Meaning of these two terms.
(c) Sample copy of the terms.
(d) Differences between both the terms.
(e) Purpose & Use of these terms and by whom, where and why these terms are used?
(f) Occasion of their use along with detailed information with Example to understand easily about both the terms.
(g) UP to what level these SoE and Col reaches for decision?
(h) Who is competent Authority to decide on these terms? PI Provide information in details?
(j)Is there any provision to dispose of these terms by Intermediate Channels/ If Yes in what matter and situations and level?
(k) What is the minimum and maximum time provisioned in the IAF to pass decisions on these terms? Pl provide Copy of the provisions.
(l) Provide the following information about SoE ordered by the Competent authority in respect of 933916-L Corporal Govind Kumar Upadhyay Weapon Fitter in the matter of Offences dated 07 Sep 20 and 08 Sep 20? And also provide the following Documents/ Information pertaining to the same:
(i) Certified Copy of the SoE along with all its annexure.
(ii) Status of the SoE.
(ii) All Correspondence pertaining to the SoE.
(iv) Decision of the SoE along with all remaining details of the SoE.
14. What is the Term IO, RO SRO and NSRO in the IAF in relation with AR & ACR? Full particulars of IO, RO SRO and NSRO in respect of 765941-H JWO Rameshwar Singh Weapon Fitter for the period from year 1991 to 2022. And also provide the following Documents/ Information pertaining to the same:
(a) Copy of the Original Document from where these terms have been commenced/ Originated in the IAF.
(b) Definition and Meaning of these all terms.
(c) Sample copy of the terms along with Full form of the terms IO, RO, SRO, NSRO. AR and ACR.
(d) Differences between both the terms.Page 13 of 23
(e) Purpose & Use of these terms and by whom, where and why these terms are used?
(f) Occasion of their use along with detailed information with Example to understand easily about both the terms.
(g) detail? Who is competent Authority to decide on these terms? PI Provide information in details.
15. Provide Organisation Chart of Station Armoury and Weapon Storage Area? And also provide what is the Hierarchy and work flow of Station Armoury and Weapon Storage Area for the Period from 01 Sep 21 to 12 Sep 22?
16. PI Provide copy of Interview with Air Officer Commanding Air Force Station Pathankot mentioned at serial No. 56 & 59 of the Register in respect of 765941-H JWO Rameshwar Singh Weapon Fitter along with full details of the interviews..
17. PI Provide Certified Copy of the letter 18W/S151/3/Arm dated 24 Feb 21 addressed to Station Assistant Adjutant regarding Status/ Location / Progress/ Copy of the following Personal Applications and General Applications, along with decision of Air Officer Commanding on these Applications, sought under the same letter.
18. PI Provide Certified Copy of the Letter 18W/S152/3/ Arm dated 09-07-21, the letter addressed 765941-H JWO Rameshwar Singh Weapon Fitter regarding Show Cause Notice? And also provide the following Documents/ Information pertaining to the same:
(a) Certified Copy of the Provision in IAF under which the Show Cause Notice was issued to the individual?
(b) Status of the Letter?
(c) Decision of the Letter.
(d) Disposal of the letter.
19. PI provide Certified Copy of the General Application dated 16 Jun 21 addressed to Air Officer Commanding regarding grant of leave along with the following details:
(a) How many days leave were sought?
(b) Leave granted or not granted? If granted then what was the period of leave?
(c) Disposal of the Application.
(d) Decision on the Application.
20. PI Provide Certified Copy of the letter 18W/S152/3/Arm dated 29 June 21 addressed to the JWO regarding Raising of his AR for the Period from 01 Dec 19 to 30 Nov 20 along with the following details:
(a) Authority of the Letter?Page 14 of 23
(b) AR. Provisions about AR in details with requisite of the information for raising of the
(c) Up to what date it was supposed to be raised?
(d) Reasons for delay in raising of the AR.
(e) Has the Individual delayed the AR? If yes why? What action has been initiated against him for not raising his AR in time?
(f) Present status of the AR. If it is raised then on what date? After elapse of how much time? Does the delayed AR has affected career of the individual? In what manner?
(g) PI provide details of dates of Quarterly Performance Counseling conducted by the IO and RO in the AR?
(h) PI Provide Details of all the reasons and queries raised by the individual for not able to raise his AR for the said Period.
(j) PI Provide Copy of the Quarterly Performance Counseling conducted by the IO and RO for the period from 01 Dec 21 to 12 Sep 22?
21. PI provide Certified Copy of the General Application of 933916-L Corporal GK Upadhyay Weapon Fitter dated 01 Mar 21 addressed to Air Officer Commanding regarding Redressal of Grievances against 765941-H JWO Rameshwar Singh Weapon Fitter along with the following details:
(a) Certified Copy of decision of the General Application dated 01 Mar 21.
(b) Action initiated against the individual.
22. PI Provide Certified Copy of the Letter 18W/S152/3/ Arm dated 24-03-21, the letter addressed 765941-H JWO Rameshwar Singh Weapon Fitter regarding Show Cause Notice? And also provide the following Documents/ Information pertaining to the same:
(a) Certified Copy of the Provision in IAF under which the Show Cause Notice was issued to the individual?
(b) Provide Copy of the Provision in IAF where it is written that so and so is empowered to Issue Show Cause Notice to the individuals in the Organisation?
(c) What is the Purpose of the Show Cause Notice?
(d) What is the Status of the Letter?
(e) What is the decision of the Letter?
(f) What is the disposal of the letter?
(g) What is the procedure for disposal of such letters?
(h) Certified Copy of the letter referred in the Show Cause Notice letter.
23. PI provide Certified Copy of the General Application dated 05 Apr 21 addressed to Air Officer Commanding regarding Reply of Show Cause Notice Issued by the Section Commander of 765941-H JWO Rameshwar Singh Weapon Fitter on 24 Mar 21, along with the following details:
Page 15 of 23(a) What is the status of the Application?
(b) What is the disposal of the Application?
(c) What is the decision of the Application?
(d) What is the Procedure disposal of such Applications?
24. PI provide Certified Copy of the General Application dated 06 Apr 21 addressed to Air Officer Commanding regarding Reply of Redressal of Grievances of 933916-L Corporal GK Upadhyay Weapon Fitter against 765941-H JWO Rameshwar Singh Weapon Fitter, along with the following details:
(a) What is the status of the Application?
(b) What is the disposal of the Application?
(c) What is the decision of the Application?
(d) What is the Procedure disposal of such Applications?
25 PI provide Certified Copy of the General Application dated 12 Jul 21 addressed to Air Officer Commanding regarding issue of Copy of Special Counseling of 765941-H JWO Rameshwar Singh Weapon Fitter conducted by the Chief Engineering Officer Group Captain L Bhogen Singh in the Presence of Senior Armament Officer Wing Commander Arun Manohar on 26 Jun 21, while hearing on grant of 08 days leave Application dated 16 Jun 21, along with the following details:
(a) What is the status of the Application?
(b) What is the disposal of the Application?
(c) What is the decision of the Application?
(d) What is the Procedure disposal of such Applications?
(e) What is the provision for hearing personally for some issue by the Competent Authority?
26 PI Provide Certified Copy of the letter 18W/S151/3/Arm dated 27 Aug 21 addressed to the Station Assistant Adjutant regarding forwarding of General Application in respect of 765941-H JWO Rameshwar Singh Weapon Fitter for subject:
issue of e-ticket against annual entitlement of Free Railway Warrant of the self and family of the JWO along with the following details:
(a) What is the status of the letter and the Application?
(b) What is the disposal of the Application?
(c) What is the decision of the Application?
(d) What is the Procedure for disposal of such Applications?
27. PI provide Certified Copy of the General Application dated 21 Sep 21 addressed to Air Officer Commanding regarding grant of Sufficient opportunities to cross examination of defense witnesses in ongoing SoE in the case of 933916-L Corporal GK Upadhyay Weapon Fitter along with the following details:
Page 16 of 23(a) What is the status of the Application?
(b) What is the disposal of the Application?
(c) What is the decision of the Application?
(d) What is the Procedure for disposal of such Applications?
28. PI provide Certified Copy of the Personal Application dated 09 Jul 21 addressed to Air Officer Commanding regarding representation by 765941-H JWO Rameshwar Singh Weapon Fitter against decision of non-Approval of leave Application dated 16 Jun 21 arbitrarily by the Chief Engineering Officer Group Captain L Bhogen Singh 26 Jun 21, while hearing on grant of 08 days leave Application dated 16 Jun 21, along with the following details:
(a) - What is the status of the Applications?
(b) What is the disposal of the Applications?
(c) What is the decision of the Applications?
(d) What is the Procedure disposal of such Applications?
(e) What is the provision for hearing personally for some issue by the Competent Authority?
29. Certified Copy of interview with Air Officer Commanding by 765941-H JWO Rameshwar Singh Weapon Fitter. A
30. PI Provide Certified Copy of the letter 18W/421/2/AS dated 28 Dec 21 subject:
Violation of Traffic Rules at Air Force Station Pathankot by 765941-H JWO Rameshwar Singh Weapon Filter along with the following details:
(a) What is the status of the letter and Vehicle Permission of the individual?
(b) What is the disposal of the letter?
(c) What is the decision of the letter?
(d) What is the Procedure for disposal of such letters? Provide Copy of the Provision?
(e) Where is the Vehicle Permission of the individual presently?
(f) Provide copy of the Traffic Rule violated by 765941-H JWO Rameshwar Singh Weapon Fitter on 28 Dec 21.
(g) What is the device by which the violation was noticed? Please provide copy of the device?
(h) Can anyone in the Organisation Snatch the Vehicle Permission of an individual? If yes, then provide copy of the provision which allows all to do the same? If no then who are all authorised by law to snatch the permission of an individual? And who are all there to check the Vehicle in the Camp Area as per Authority?
(j) Before snatching the Permission, by which device speed of the Car was checked by the Officer? Provide Copy of the same?
31. PI provide Certified Copy of the General Application dated 04 Jan 22 addressed to Air Officer Commanding regarding issue of copy decision on the Personal Application Page 17 of 23 dated 21 Sep 21 & 23 Sep 21 in respect of 765941-H JWO Rameshwar Singh Weapon Fitter along with the following details:
(a) What is the status of the Application?
(b) What is the disposal of the Application?
(c) What is the decision of the Application?
(d) What is the Procedure for disposal of such Applications?
32. Pl provide Certified Copy of the General Application dated 24 Mar 22 raised by 776818-G JWO Pankaj Sharma Weapon Fitter regarding Permission to Interview with Air Officer Commanding as he has lost self-respect while being in Armoury due to 765941-H WO Rameshwar Singh Weapon Fitter along with the following details:
(a) What is the status of the Application?
(b) What is the disposal of the Application?
(c) What is the decision of the Application?
(d) What is the Procedure for disposal of such Applications?
33. PI Provide Certified Copy of the letter 18W/151/3/Arm dated 07 Apr 22 subject:
Issuance of Certificate of Experience to 765941-H JWO Rameshwar Singh Weapon Fitter who has worked in the Legal Cell, along with the following details:
(a) What is the status of the letter and Certificate?
(b) What is the decision of the letter?
(c) What is the progress of the letter?
34. PI Provide Certified Copy of the letter 18W/S 7261/6/Arm dated 19 May 22 addressed to Station Assistant Adjutant subject: Forwarding of IAFF (P)-13 against 776818-G JWO Pankaj Sharma Weapon Fitter, along with the following details:
(a) What is the status of the letter?
(b) What is the decision of the letter?
(c) What is the progress of the letter?
35. PI Provide Certified Copy of the letter 18W/812/8/Eng dated 30 May 22 addressed to 765941-H JWO Rameshwar Singh Weapon Fitter issued by Chief Engineering Officer Group Captain L Bhogen Singh subject: Report on Maintenance of Range, along with the following details:
(a) What is the status of the letter?
(b) What is the decision of the letter?
(c) What is the progress of the letter?
(d) Can a Chief Engineering Officer write directly to a Junior Warrant Officer as per hierarchy of IAF? If yes, PI provide copy of the Authority or provision which allow to Page 18 of 23 do so directly to a Warrant Officer not to a Commissioned Officer? If No. cause of writing a letter directly to a Junior Warrant Officer.
36. PI Provide Certified Copy of the letter dated 31 May 22 written by Chief Engineering Officer Group Captain L Bhogen Singh addressed to then Senior Armament Officer Squadion Leader SK Yadav AE (M) directing him to route 765941-H JWO Rameshwar Singh Weapon Fitter to Report to Station Adjutant, along with the following details:
(a) What is the status and action on the letter?
(b) What is the decision of the letter?
(c) What is the progress of the letter?
(d) What is the reason of Routing the JWO to Station Adjutant?
(e) Has the JWO provided with any letter for reporting to Station Adjutant?
(f) What were the duties of the JWO for which he was routed to Station Adjutant?
37. Please provide Certified Copy handing over and taking over brief dated 03 Jun 22 between WO IC Station Armoury and SNCO IC Station Armoury?
38. Please provide Certified Copy of the letter dated 07 Jun 22 issued by Station Adjutant to 765941-H JWO Rameshwar Singh Weapon Fitter to Report to Chief Engineering Officer Group Captain L Bhogen Singh, along with the following details:
(a) What is the status and action on the letter?
(b) What is the decision of the letter and what task was allotted to the JWO?
(c) What is the progress of the letter?
(d) What is the reason of Routing the JWO first to Station Adjutant and then to Chief Engineering Officer?
(e) What was the Charter of duties of the JWO for which he was routed by Station Adjutant to Chief Engineering Officer? The duty was part time or full time duty?
39. Please provide Certified Copy of the letter 18W/3001/2/P1 dated 09 Jun 22 issued by Station Adjutant to Senior Armament Officer, along with the following details:
(a) What is the status and action on the letter?
(b) What is the decision of the letter?
(c) What is the progress of the letter?
(d) What is the reason of writing the letter to Senior Armament Officer?
40. Please provide Certified Copy of the letter 18W/S7261/6/Armt dated 15 Jun 22 issued by WO IC Armoury to 765941-H JWO Rameshwar Singh Weapon Fitter, along with the following details:
(a) What is the purpose of the letter?Page 19 of 23
(b) What is the decision of the letter?
(c) What is the progress of the letter?
(d) What is the reason of writing the letter to 765941-H JWO Rameshwar Singh Weapon Fitter?
41. Please provide Certified Copy of the letter 18W/4063/1/P3 dated 20 Sep 21 issued by Station Assistant Adjutant to WO IC Armoury, along with the following details:
(a) To whom that letter belongs?
(b) What is the purpose of the letter?
(C) Can a Station Assistant Adjutant return the Application unactioned to WO IC Armoury instead the individual, who has raise the issue through Application duly signed by the Section Commander of the individual for decision? If such thing can happened. then provide copy of the provision which Authoresses the Station Assistant Adjutant to return the duly signed Application addressed to the Air Officer Commanding to the WO IC Armoury instead of the Individual?
(d) What is the decision of the letter?
(e) What is the progress of the letter?
42. On which date the AR of 765941-H JWO Rameshwar Singh Weapon Fitter was raised by the individual, on what date it was processed by IO, RO, SRO and NSRO and at what date reached to the ultimate Authority for the period from 01 Dec 19 to 30 Nov 20 for record, along with the following details:
(a) Reason for delay at each level?
(b) When it was reflected in the record of the individual in AFRO site as a average AR of three years?
(C) Does the AR considered in the promotion panel for the period from 01 Jul 21 to 30 Jun 22.
(d) Provide full details of the IO, RO, SRO and NSRO of the AR?
(e) Provide Certified Copy of all the 04 Quarterly Performance Counseling in respect of the individual for the AR period?
43. PI provide Certified Copy of the Personal Application and General Application dated 31 Aug 22 addressed to Air Officer Commanding regarding issue of copy decision on the Personal Application dated 20 Jun 22 & 18 Jul 22 in respect of 765941- H JWO Rameshwar Singh Weapon Fitter along with the following details:
(a) What is the status of the Applications?
(b) What is the disposal of the Applications?
(c) What is the decision of the Applications?
(d) What is the Procedure for disposal of such Applications?
(e) As per provisions of law in the IAF, which is the Competent Authority to dispose of such Applications? PI Provide copy of the Provisions on such matters in the IAF.Page 20 of 23
44. PI provide Certified Copy of the Personal Application and General Application dated 10 Sep 22 addressed to Air Officer Commanding regarding Frequent Change of Section without giving reasonable opportunities of hearing to the individual in respect of 765941-H JWO Rameshwar Singh Weapon Fitter along with the following details:
(a) What is the status of the Applications?
(b) What is the disposal of the Applications?
(c) What is the decision of the Applications?
(d) As per provisions of law in the IAF, which is the Competent Authority to dispose of such Applications? PI Provide copy of the Provisions on such matters in the IAF.
45. PI Provide Certified Copy of the letter 18W/809/3/Eng dated 05 Sep 22 addressed to 765941-H JWO Rameshwar Singh Weapon Fitter issued by Chief Engineering Officer Group Captain L Bhogen Singh subject: Disposal of General/ Personal Applications dated 20Jun 22 and 18 Jul 22 Respectively, along with the following details:
(a) What is the status of the letter at Station Adjutant level?
(b) What is the decision of the letter Station Adjutant level?
(c) What is the progress of the letter Station Adjutant level?
(d) Can a Chief Engineering Officer dispose of the Personal Applications of the subject matter? If yes, Pl provide copy of the Provision which authorises to dispose of the same?
46. Pl provide CC of the 21 Sep 22 regarding grant of General Application dated 12 days Annual leave, along with the following details of 765941H JIND R Singh:
(a) status of the Application
(b)Disposal of the Application with Authority ? (C) Decision of the Application?
(d) who is competent authority to taken decisions on such application can chief Engineering officer final authority to decide on such applications of yes, please provide copy of the authority.
47. Pl provide certified copy of the Personal Application dated 24 Sep 22 of 765941H JWO Rameshwar Singh regarding representation against the decision of the Chief Engineering officer for not approving the loan to the Warrant officer with the following details:
(a) status, disposals & decision of the Copy of the Per Application.
(b) copy of the policy, AFO & AOC directive on leave.
(c) Is there any provisions of showing reasons to proceed on leave? If yes provide copy of the provisions.
(d) Provide copy of Para 4 of AFO 133/98.
(e) Is there any provision which stops the authority not to grant leave, let is be any pressing requirement of any Air warrior. If yes, pl provide copy of the xxxxxxxx."Page 21 of 23
The CPIO furnished a point-wise reply to the Appellant on 02.12.2022 stating as under:
"(a) Reply to Para 1, 2 (a to k. I (iii to v), m, n (iii to v) O (iii), p (!!! to VI} 3 {a to k, I (ii, iv, v & vi), m (v & vi)), 4 (a to m), 5 (a to n), 6 (a to 1 & o), 7 (a to m), 8 (a to I, o to q). 9 (f to h), 10 (a to k), 12 (a to g). 13 (a to k), 14 (a to g) and 18 (a to d) of RTI application:- It is intimated that vide above these Paras of your RTI application you have queried from the public authority, which is vague. As per the scheme of RTI Act, 2005, the Information is to be provided to the citizen if it falls within the definition of 'Information' as defined in Section 2 (f) of the Act and if the same is not exempted from disclosure under the provisions of the Act. You ought to exactly pin point the information which is required by you. The RTI Act does not cost any duty on the CPIO to answer such vague queries of the applicant. Therefore, the undersigned is constrained to provide any reply to your vague query.
(b) Reply to Para 2 (1 (1 & 1). n (I & ii), o (I & ii), p (I & ii),3 (I (i & ii,iii & vi), m (I &
iv), 4 (o to p), 6 (m & n), 8 (m & n), 9 (a to e), 11 (a to c), 13 (I (I to iv), 16,17,18,19 (a to j), 21 to 47 of application:- It is intimated that, the information sought vide these paras of your RTI application is held by the Public Authority in 'fiduciary capacity' and that the undersigned is of the opinion that no larger public interest would be served by disclosure of such information. Therefor the information sought by you is exempted from disclosure in terms of Section 8 (1) (e) of the RTI Act. 2005.
(c ) Reply to Pare 11 (d) & 15 of RTI application: Vide these paras you have sought photo copy of charier of duties in respect of Rameshwar Singh and Organization chart of station Armoury and Weapon Storage Area mentioned in RTI application. The information sought these paras, disclosure of which would prejudicially affect the security of nation if collated with the other available information and also its disclosure does not serve any public activity or interest. Hence, the information sought vide these paras are exempted from disclosure in terms of 8 (1) (a) of the RTI Act. 2005."
Being dissatisfied, the appellant filed a First Appeal dated 18.11.2022. The FAA vide its order dated 28.12.2022, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Absent.Page 22 of 23
Both the parties remained absent in the hearing.
A written submission has been received from Wing Commander Mano Kumar Sharma, CPIO, HQ WAC, IAF, vide letter dated 26.02.2024, which explained his absence from the hearing and the same has been taken on record.
Decision:
At the very outset, the Commission observes that the Appellant has sought information on 47 points in the instant RTI Application and the same is extremely cumbersome and does not even conform to the word limit of 500 as prescribed in Rule 3 of RTI Rules, 2012 and it would be unjust for the public authorities to provide information of such magnitude. Despite the fact, the Commission observes that a point-wise reply has been furnished by the Respondent and the Commission upholds the same. No intervention of the Commission is required in the instant matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Date 28-02-2024 Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181827 Date Page 23 of 23