Central Information Commission
Pritam Bhattacharya vs Ministry Of Defence on 27 March, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No:
CIC/CGDAC/A/2024/638922
CIC/CGDAC/A/2024/638921
Pritam Bhattacharya ....अपीलकता/Appellant
VERSUS
बनाम
.... ितवादीगण /Respondent
1.The CPIO
Additional Controller of Defence Account,
Pay Accounts Office of General Reserve Engineer
Force,GREF Centre, Digi Camp, Pune-411015
2.The CPIO
Headquarters Chief Engineer,
Project Sampark,
Pin-931712, C/o 56 APO
Date of Hearing : 23.03.2026
Date of Decision : 25.03.2026
INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL
The above-mentioned appeals are clubbed together as the appellant is the
same and RTI applications are of similar nature, therefore both the second
appeal are decided by this common order.
Relevant facts emerging from second appeal:
Case no. RTI CPIO reply First Appeal FAA order Second
application Appeal
638922 18.06.2024 31.12.2025 18.07.2024 12.08.2024 02.09.2024
638921 18.06.2024 03.08.2024 06.08.2024 16.08.2024 02.09.2024
Page 1 of 16
1. Second appeal- CIC/CGDAC/A/2024/638922
Information sought:
The Appellant filed an RTI application dated 18.06.2024 seeking the following information:
" 1) I am submitting this Application u/s 6, 7/6, 18, 19/8(b), 20, 22, 24/1 of the RTI Act, 2005 to supply me point wise, clear, cogent information [ authentic document ] duly certified at foot and/or by an affidavit at my above stated residential address along with a soft copy in my email id [email protected]
a) Monthly Pay Slips of Pritam Bhattacharya w.e.f. June 2023 upto June 2024 issued by the PAO GREF.
b) Appointment Letter and Joining Order i.c.w. stated Monthly Pay Slips of Pritam Bhattacharya.
c) Identity Card, Uniform Allowances & concerned DO-Il i.c.w. stated Pay Slips of Pritam Bhattacharya.
d) All papers i.c.w. Action Taken from PAO GREF on memo 5004/P&A/04/E5 dated 8/7/23 of OC 1052 F/W.
e) Data sheet of my due statement w.e.f. Feb 2015 upto June 2023 prepared by your SAO of PAO GREF.
f) Data sheet of my pay & allowances w.e.f. 1 Aug 2041 upto today of 2024 paid and/or forfeited by the Sr. Accounts Officer of PAO in companion Chief Engineer Mr. Tezpal Singh, Mr. Neeraj Madan. [Duly stop release of my salary w.e.f. 1 Aug 2011 Chief Engineer removed me from service & Hon'ble Division Bench reinstate me by the order dated 7/6/23 without giving liberty to impose suspension, inquiry, removal on me].
g) Data sheet of my other entitlements w.e.f. 1 Aug 2011 upto June 2024 paid and/or forfeited by the Sr. Accounts Officer of PAO GREF in companion Chief Engineer Mr. Tezpal Singh and Mr. Neeraj Madan.
h) Date of my re-instate in service along with concerned DO-II, order of your Chief Engineer Mr. Tezpal Singh.
i) Date of my suspension along with concerned DO-Il and order of your Chief Engineer Mr. Tezpal Singh.
j) Date of my removal from service, concerned order of the Chief Engineer, DO-II and Discharge Certificate.
k) Action Taken from PAO GREF on White Collar Crime memo 14012/31TF/PB/67/E1E dated 8/6/2023 of the Chief Engineer Page 2 of 16 Project Sampark Mr. Tezpal Singh [as per Hon'ble Supreme Court of India "forgery, criminal conspiracy, cheating & taking gratification can't be a part of official discharge of duty of public authority].
l) Date of my pay fixation along with concerned DO-Il and related papers of 1052 F/W, 31 TF, CE(P) Spk.
m) Data sheet of the Income Tax w.e.f. Feb 2015 to June 2024 of Rs. 1165215 deducted from Pritam Bhattacharya by your SAO and his name [ name required to make him a party of contempt of court case ].
n) Data sheet of Income Tax w.e.f. Feb 2015 to June 2024 paid by your said SAO [ Sr. Accounts Officer]
o) Data sheet of GPF deposited in my bank account and/or forfeited by the PAO GREF upto this June 2024.
p) Data sheet of PLI & ors deposited in my bank account and/or forfeited by PAO GREF upto this June 2024
q) Data sheet of High Altitude Allowances w.e.f. Jan 2008 to Sep 2009 of Nathula Sector and w.e.f. Oct 2002 to Oct 2004 paid and/or forfeited by said SAO in companion CE Mr. Tezpal Singh and Mr. Neeraj Madan.
r) Data sheet of Ration Money w.e.f. 1 Aug 2011 upto today of June 2024 paid and/or forfeited by SAO & CEs
s) Data sheet of the monthly GPF subscription of Pritam Bhattacharya w.e.f. Aug 2002 upto today.
t) Data sheet of the monthly PLI subscriptions of Pritam Bhattacharya w.e.f. February 2002 upto today. u) Monthly Pay Slips of Pritam Bhattacharya w.e.f. Mar 2011 upto Mar 2015 issued by the SAO, PAO GREF.
v) Name of the Assistant Account Officer, PAO GREF and data sheet of the Debit Balance Rs. 4,79,144/- [Duly stop release of my salary w.e.f. 1 Aug 2011, Chief Engineer Sampark removed me from service whereas Hon'ble Division Bench reinstate me in service, so Debit Balance Rs. 4,79,144/- does not arise]
2) The RTI Act framed & brought into force to foster an openness culture. Information seekers are to be furnished what they ask for, .. they are not to be driven away through sheer inaction or filibustering tactics of the public authorities or their officers. Time limits prescribed .. as well as penalty provisions. These are for a robust & functioning democracy.Page 3 of 16
3) I state that the information sought does not fall within the restriction of the Act and to the best of my knowledge it pertains to your establishment. IPO 64F-757609 enclosed for supply stated information. I am ready to pay extra charge if any. Your co-
operation highly solicited to avoid legal consequences. Treat it as extreme urgent matter".
Thereafter, appellant filed a First Appeal on dated 18.07.2024. The FAA vide its order on 12.08.2024 stated as under:
"Above mentioned RTI Appeal dated 18.07.2024 is returned herewith unactioned with the following remarks:-
Please provide a copy of the earlier RTI request and the reply given by the CPIO for which appeal has been preferred so as to enable the first appellate authority to take appropriate action. No action can be taken unless particulars of your RTI application and its reply are available with us".
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Written submissions dated 16.03.2026 filed by Respondent CPIO, ACDA, Pune is taken on record wherein it is stated that reply has already been given in compliance of CIC orders in CIC File No. CIC/CGDAC/C/2023/655528, CIC/CGDAC/A/2024/602290 & CIC/CGDAC/C/2024/633105 which also includes the reply of RTI application dated 18.06.2024 Along with written submissions FAA reply dated 31.12.2025 is found enclosed which states as under:-
"Subject-Reply of RTI application dated 04.10.2023 and 16.06.2024 in compliance with directions of CIC in hearing on 26.12.2025.
a) Pay of June 2023 credited & adjusted in 07/2023. Monthly Pay Slips from July 2023 to May 2024 are attached in PDF
(b) Information asked in this para has been referred to unit authorities ie.
CE (P) Sampark vide CPIO PAO(GREF) Pune letter No. PAO/GREF/LG-2/Ex- GS185499 dated 26.12.2025 sent through e-mail under Para 6(3) of RTI Act 2005 ©Information asked in this para has been referred to unit authonties i.e. CE (P) Sampark vide CPIO PAO(GREF) Pune letter No. PAO/GREF/LG-2/Ex- GS185499 dated 26. 12.2025 sent through e-mail under Para 6(3) of RTI Act 2005. The Uniform Allowances can be seen from Quarterly Statement of Accounts Page 4 of 16
(d) 1052 Fd Wksp letter nc. 5004/P&A/04/E5 (copy enclosed) dated 08.07.2023 is regarding restoring of pay and allowances and the same has been restored in 07/2023 that can be seen from MPS-07/2023. Copy of the same has been given in Para 1 (k) above reply to RTI application dated 04.10.2023.
(e)Data Sheet is not prepared. However, Due Statement dated 29.05.2024 enclosed. (Copy Enclosed).
(f) There is no document called Data Sheet in PAO GREF. In this connection, please refer Point No 1 (k) of reply to RTI dated 04.10.2023 above.
(g) Same as mentioned in Para (f).
(h) Copy of REINST DO II is enclosed. Information asked in this para has been referred to unit authorities i.e. CE (P) Sampark vide CPIO PALONE No.PAO/GREF/LG-2/Ex-GS185499 dated 26.12.2025 sent through e-mail under Para 6(3) of RTI Act 2005
(i)As per records held in the system of office of PAO(GREF) Pune, date of his suspension is 01.08.2011 & 05.12.2023. As copy of Doll is not available in this office hence the same has been referred to unit authorities ie. CE (P) Sampark vide CPIO PAO(GREF) Pune letter No PAO/GREF/LG-2/Ex- GS185499 dated 26.12.2025 sent through e-mail under Para 6(3) of RTI Act 2005
(j) Not available. Information asked in this para has been referred to unit authorities Le CE (P) Sampark vide CPIO PAO(GREF) Pune letter No. PAO/GREF/LG-2/Ex-GS185499 dated 26. 12. 2025 sent through e-mail under Para 6(3) of RTI Act 2005
(k) Reply as per para (1) above.
(l)Pay Fixation Proforma dated 18.06.2023 is enclosed. As DOII of the same not found, information asked in this para has been referred to unit authorities Le CE (P) Sampark vide CPIO PAO(GREF) Pune letter No. PAO/GREF/LG-2/Ex-GS185499 dated 26. 12.2025 sent through e-mail under Para 6(3) of RTI Act 2005
(m) Deduction done/Calculation of Income Tax is enclosed. The name of the SAO is smt. Anju Reni.
(n) The said Income-tax can be seen in Monthly Pay Slip since Feb 2015 to May 2024 and in Calculation of Income Tax as mentioned in Para (m) above.
(o) Calculation of GPF Amount deposited in individual's Bank Account is enclosed.
(p) Details of PLI subscription w.e.f. 12/2009 to 01/2024 are also enclosed.
(q) No High-Altitude Allowance is available from QSA-Oct 2002 to Oct 2004. However, details of HAA paid from Jan 2008 to Sep 2009 can be seen from Quarterly Statement of Accounts (QSA) of relevant months. Please refer reply of para 1(k) above of reply to RTI application dated 04/10/2023.
Page 5 of 16®Ration Money is paid from AO of the field units. Hence, Information asked in this para has been referred to unit authorities ie. CE (P) Sampark vide CPIO PAO(GREF) Pune letter No. PAO/GREF/LG-2/Ex-GS185499 dated 26.12.2025 sent through e-mail under Para 6(3) of RTI Act 2005
(s) Monthly Subscription of GPF was provided in QSA/MPS. For the same PDF of QSA & MPS are enclosed in PDF. Please refer reply of Para 1 (h) above of reply to RTI dated 04.10.2023.
(t)Please refer reply of Para 1 (i) above of reply to RTI dated 04.10.2023. (u) All Monthly Pay Slips are attached in PDF. Copy of the same has been given under reply of Para 1 (k) of reply to RTI application dated 04.10.2023.
(v) Details of Recovery of Rs. 4,79,144/- are enclosed which includes the multiple reasons of recovery. Name of AAO from signature of the recovery sheet appears to be Shri Dinesh Kumar Gupta."
2. Second Appeal- CIC/CGDAC/A/2024/638921 Information sought:
The Appellant filed an RTI application dated 18.06.2024 seeking the following information:
" 1) I am submitting this Application u/s 6, 7/6, 18, 19/8(b), 20, 22, 24/1 of the RTI Act, 2005 to supply me point wise, clear, cogent information [ authentic document ] duly certified at foot and/or by an affidavit at my above stated residential address along with a soft copy in my email id [email protected]
a) Leave certificate 1016/Lve out/174/E1 dated 10/6/23 & 4/9/23 held in custody of your JD(L) Mr. Ajay Chand.
b) Amount of Ration Money paid in my bank account i.c.w. stated leave certificates along with copies of DO-II.
c) Main Office Attendance Register of your 1052 Fd Wksp w.e.f. 1/6/23 upto 2/1/24 duly highlight my name.
d) Appointment Letter and Joining Order i.c.w. stated leave certificate 1016/Lve out/174/E1 dated 10/6/2023.
e) Uniform & Clothing Issue Voucher and/or Allowances and Identity Card issued before me on June 2023.
f) Data sheet of Income Tax deducted from me by your SAO of PAO GREF upto this June 2024 & his name.
g) Data sheet of Income Tax w.e.f. Feb 2015 to June 2024 paid by Mr. Tezpal Singh, Mr. Neeraj Mada & SAO Page 6 of 16
h) Data sheet of my pay & allowances w.e.f. 1 Aug 2011 upto today of 2024 paid and/or forfeited by your Chief Engineer Mr. Tezpal Singh, Mr. Neeraj Mada in companion their tie up SAO of PAO. [Duly stop release of my salary w.e.f. 1 Aug 2011 your Chief Engineer removed me from service whereas Hon'ble Division Bench reinstate me by the order dated 7/6/23 without giving liberty to impose suspension, inquiry, removal on me].
i) Data sheet of my other entitlements w.e.f. 1 Aug 2011 upto June 2024 paid and/or forfeited by your Chief Engineer Mr. Tezpal Singh, Mr. Neeraj Mada in companion their tie up SAO of PAO GREF. [Hon'ble Div Bench reinstate me by order dated 7/6/23 without giving liberty to impose suspension, inquiry & removal].
j) Monthly Pay Slips of Pritam Bhattacharya w.e.f. June 2023 to June 2024 & w.e.f. Mar 2011 upto Mar 2015.
k) Date of my re-instate in service along with concerned DO-II, order of your Chief Engineer Mr. Tezpal Singh.
l) Date of my suspension along with concerned DO-Il and order of your Chief Engineer Mr. Tezpal Singh.
m) Both Recommedations of Review Committees, constituted at o/o Director General BR GREF to increase my suspension upto
3 Mar 2024 along with Datasheet of Subsistence Allowance paid w.e.f 1/8/11-/3/3/24.
n) Recommendations of the 1s, 2nd & 3rd Inquiry Officer to impose major penalty of my removal from service.
o) Policy and/or Authority of exemption from my cross- examination of your Chief Engineer Mr. Tezpal Singh & his partner Mr. Balkar Singh, Mr. Garjeet Singh & others i.c.w. shifting of my identity card 70971 before police to trap me X- border smuggling duly maintaining their office record "identity card 70971 destroyed by burning", repeated restrictions of my joining, destruction of my leave applications, sealed blank envelops ....
p) Daily Order Sheet 7, 8 and statements of three witnesses on 28/10/23 of Mr. Tezpal Singh i.c.w.3rd Inquiry.
q) Discharge Certificate i.c.w. my removal from service and DO- Il and concerned order of the Chief Engineer,.
r) All papers i.c.w. Action taken from Chief Engineer Mr. Tezpal Singh on my 4 applications dated 21/7/2023.
s) All papers i.c.w. Action taken from your Chief Engineer Mr. Neeraj Madan on my application dated 24/5/24.
Page 7 of 16t) Present Status of the Court Martial of Brig. Mr. Tezpal Singh & Mr. Neeraj Madan on bulldozed state of my rights by their white collar crime whereas my rights granted by the Universal Declaration of Human Rights.
u) All papers i.c.w. action taken from Mr. Raghu Srinivasan, Director General BR of General Reserve Engineer Force on my complaint dated 11/6/24 toward removal from service of his Chief Engineer Mr. Neeraj Madan, Mr. Tezpal Singh on account of their series of white collar crime on my survival w.e.f. Nov 2021 upto today.
v) All papers i.c.w. action taken from Mr. Raghu Srinivasan, Director General BR of General Reserve Engineer Force, on my application dated 11/6/24 to release my full pay-allowances w.e.f. 1 Aug 2011 upto today with promotion cum posting at 532 SS&TC Siliguri in the post of Executive Engineer [which is due w.e.f. Aug 2022 as per affidavit of Uol] & rest all [hold by Chief Engineer Mr. Neeraj Madan through white collar crime].
2) It is to inform you that General Reserve Engineer Force not included in 2nd Schedule of the RTI Act. My application directly concerned with GREF department and white collar crime of your Chief Engineer Mr. Tezpal Singh and Mr. Neeraj Madan. It is also to mention here that Prime Minister and Defence Minister are Chairman and Dy. Chairman of BRDB whereas PMO and MoD not exempted from the RTI Act. Object of the RTI Act is to ensure transparency in the functioning of the Departments and this cannot be thwarted by the Government. The RTI Act framed and brought into force to foster an openness culture. Information seekers are to be furnished what they ask for, .. they are not to be driven away through sheer inaction or filibustering tactics of the public authorities or their officers. Time limits prescribed in absolute terms, as well as penalty provisions. These are for a robust and functioning democracy.
3) I state that the information sought does not fall within the restriction of the Act and to the best of my knowledge it pertains to your establishment. IPO 64F-757608 enclosed for supply stated information. I am ready to pay extra charge if any. Your co-operation highly solicited to avoid legal consequences. Treat it as extreme urgent matter.
Page 8 of 16The CPIO furnished a reply to the Appellant on 03.08.2024 stating as under:
"SEEKING INFORMATION UNDER RTI ACT 2005
1) Ref your offline RTI application dated 18 Jun 2024 transferred under Section 6 (3) of RTI Act 2005 vide HQ DGBR letter No. 11022/DGBR/Appln/179/RTI Cell dated 27 Jun 2024 received by this Office on 06 Jul 2024.
2) It is inform that as per Section 24 of Chapter-Vi (Item 21 of Second Schedule of RTI Act 2005), Border Roads Organisation being an executive arm of BRDB (Now MoD (BR) is exempted from operation of RTI Act 2005 except in case of corruption/violation of human rights. Moreover, as per CIC, New Delhi Order No. CIC/CC/A/2015/002300 dated 23 Sep 2016 and CIC/CC/A/14/000761/DP dated 29 Apr 2016 service relatad matters should nol be sought under RTI Act unless it is a case of violation of Human Rights and allegation of corruption.
3) However, the requisite information as per your application dated 18 Jun 2024 are furnished below-
i) Para 1 (a) : All leave certificate have been handed over to you by 1052 Fd Wksp before proceeding on leave.
However, photocopy of leave certificate No. 1016/Lve Out/174/1 dated 10 Jun 2023 and 1016/Lve Out/83/E1 dated 04 Sep 2024 are enclosed as Appx-'A' & 'B'.
ii) Para 1 (b) : You were placed under deemed suspension from service wef 01 Aug 2011 as per this HQ Order No. 14012/31 TF/PB/67/E1E dated 08 Jun 2023 and 14012/31 TF/PB/119/E1E dated 05 Sep 2023 for DE. DE was finalized and penalty of removal from service wef 02 Jan 2024 was imposed upon you by the Disciplinary Authority vide Order No. 14012/31 TF/PB/105/E1E dated 02 Jan 2024. DO Part Order regarding Ration money will be published.
iii) Para 1 (c) : You were placed under deemed suspension from service wef 01 Aug 2011 by Disciplinary Authority and fresh Departmental Enquiry was ordered. Hence Individual attendance in attendance register of 1052 Fd Wksp was restricted as per procedure in vogue.
iv) Para 1 (d) : It is intimated that as per department procedure, appointment letter is issued only at the time of initial appointment and there is no such order in vogue to Page 9 of 16 issue subsequent appointment letter on his re-instatement in to service due to dismissal/removal/compulsory retirement.
v) Para 1 (e) : Rs. 10000/- (Rupees ten thousand only) on account of dress allowance has been credited into your bank account as per Monthly Pay Slip of Jul 2023 by PAO (GREF) Copy of same already provided vide this office letter No. 13000/RTI/PB/84/RTI Cell dated 25 Jul 2024. Identity card 78381 issued on 30 Mar 2011 by 1052 Fd Wksp has not been deposited by you even after repeated letters to you as well as SP Murshidabad (WB).
vi) Para 1 (f) : Photocopy of PAO (GREF) letter No. PAO/GREF/LG2 Court Order/EX-GS-185499X/2024 dated 29 May 2024 regarding due statement wef 14 Jan 2015 to 02 Jan 2024 and calculation sheet of income tax Is enclosed as Appx-'C'
vii) Para 1 (g) : The information sought are related to third party information and same is not available with this Office.
viii) Para 1 (h & i) : Copy of PAO (GREF) letter No. PAO/GREF/LG2 Court Order/EX- GS-185499X/2024 dated 29 May 2024 is enclosed as para 3 (vi) above.
ix) Para 1 (j) : Copies of Monthly Pay slips wef Jul 2023 to Oct 2023 has already provided to your vide this HQ letter No. 13000/RTI/38/ RTI Cell dated 14 Dec 2023. Copy of Monthly Pay Slips wef Nov 2023 to May 2024 is enclosed herewith as per Appx-'D' to 'J'. Moreover, you were AWL wef 01 Aug 2011 to 13 Mar 2015 and removed from Service wef 14 Jan 2015. Hence, MPS wef Mar 2011 to Mar 2015 not available with 1052 Fd Wksp/ this Office.
x) Para 1 (k) : Copy of DO Part-II No. 0/0091/0001/2023 datad 13 Jun 2023 regarding re-instatement in service enclosed as Appx-'K'. Copy of Chief Engineer Sampark for re- instatement into service bearing Order No. 14012/31 TF/P/67/E1E dated 08 Jun 2023 already forwarded vide this Office letter No. 13000/RTI/PB/84/E1C dated 25 Jul 2024.
xi) Para 1 (l) : Copy of DO-II No. 0/0095/0001/2023 dated 13 Jun 2023 & 0/0142/0001/2023 dated 07 Oct 2023 regarding suspension and DO- Part-II 0/0099/0001/2023 dated 11 Jul 2023 & 0/0142/0002/2023 dt 07 Oct 2023 regarding subsistence allowance along with Order of Chief Page 10 of 16 Engineer Project Sampark 14012/31 TF/PB/119/E1C dated 05 Sep 2023 are enclosed as per Appx- 'L' to 'O'
xii) Para 1 (m) : Order for review of extension suspension up to 03 Mar 2024 issued vide HQ CE (P) Sampark Order No. 14012/31 TF/PB/74/E1E dated 02 Dec 2023 and Statement of Case for extension of suspension approved by the Chairmen dated 21 Nov 2023 is enclosed as Appx- 'Pt & 'Q'
xiii) Para 1 (n & o) : Only one inquiry was conducted and copy of inquiry report has already been handed over to your vide this HQ letter No.14012/31TF/PB/57/E1E dated 17 Nov 2023. As regards your Identity Card bearing No. 70971, it is intimated that as per records available your Identity Card has already been destroyed burning as per 1052 Fd Wksp letter No. 1062/31/E1 dated 30 Mar 2011. Copy enclosed as Appx-'R'
xiv) Para 1 (p) : Daily order sheets and other documents have already been handed over to you alongwith DE Proceedings vide this HQ letter No. 14012/31/PB/57/E1E dated 17 Nov 2023.and receipt enclosed.
xv) Para 1 (q) : It is intimated that as per departmental procedure discharge certificate to a person will be issued only on his Superannuation/Voluntary retirement and Resignation from service. Copy of DO-Part-Il No. 0/003/0001/2024 dated 06 Jan 2024 regarding Removal from Service is enclosed as Appx-'S. xvi) Para 1 (r) : It is intimated that reply of your applications dated 21 Jul 2023 has already been furnished to you vide this HQ letter No. 14012/31 TF/PB/77/E1E dated 12 Aug 2023.
xvii) Para 1 (s) : Draft reply of your application dated 24 May 2024 has been forwarded to DGBR for approval vide this HQ letter No. 14012/31 TF/PB/Complaints/33/E1E dated 08 Jun 2024. Same will be furnished separately. xviii) Para 1 (t & u) : As per RTI Act, the information which is available in material form is required to be provided to the information seeker. Compiling, collating or creating any information, have no scope under RTI Act 2005. xix) Para 1 (v) : The matter is subjudice with Hon'ble Supreme Court of India and as per directions of Hon'ble Supreme Court of India vide order dated 17 May 2024 against SLP No. 4275/2024 filed by you, all back wages amounting to Page 11 of 16 Rs. 36, 19,450/- wef 14 Jan 2015 to 02 Jan 2024 has been paid into your bank account No. 42005033052, SBI Jawahar Nagar, Rajouri (J&K) on 06 Jun 24 by PAO (GREF). As regard promotion, posting/transfer in r/o subordinates the same is being dealt by BRO Records.
4) Further as per CIC vide its decision No. CIC/AD/A/2013/001326-SA dated 25 Jun 2014 has decided that :-
i) No scope of repeating under RTI Act ii) Citizen has no Right to Repeat iii) Repetitions shall be ground of refusal iv) Appeals can be rejected
Being dissatisfied, the appellant filed a First Appeal on dated 06.08.2024. The FAA vide its order on 16.08.2024 stated as under:
"SEEKING INFORMATION UNDER RTI ACT 2005
1) Please refer your RTI appeal dated 06 Aug 2024.
2) Being Appellate Authority I have perused your ibid appeal and it is found that reply has already been furnished by PIO this HQ vide letter No. 13000/RTI/PB/88/RTI Cell dated 03 Aug 2024.
3) Since suitable reply to your RTI application dated 18 Jun 2024 has already been furnished by PIO, hence there is no intervention in this matter is considered necessary.
4) Also as per CIC vide its decision No. CIC/AD/A/2013/001326-SA dated 25 Jun 2024, following is decided :-
i) No scope of repeating under RTI Act
ii) Citizen has no right to repeat.
iii) Repetitions shall be ground of refusal
iv) Appeals can be rejected
5) Hence, your appeal dated 06 Aug 2024 is disposed of accordingly".
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Written submissions dated 03.03.2026 filed by the respondent CPIO, HQ DGBR is taken on record which states that the appellant is habitual in filing RTI applications. It is also stated that regarding service related matters CIC decision No. CIC/CC/A/2015/002300 dated 23-09-2016 is relevant wherein it is held that "applicant should not approach to CPIO/FAA/CIC under RTI Act for service related info unless it is a case of violation of Page 12 of 16 human rights and/or allegation of corruption". It is also stated that vide CIC file no. CIC/DPTMA/C/2024/632693 similar RTI application has already been adjudicated by the Commission. It is further stated that Border Roads Organisation (BRO) being subordinate and executive arm of Border Roads Development Board (BRDB) which is included in 2nd Schedule of RTI Act and thus, is exempted from its operation under Section 24 except the cases of human right violation and allegation of corruption. Hence, approaching CPIO/FAA/CIC under RTI Act in instant case for service related matter as mentioned above is not in order.
Written submissions dated 03.03.2026 filed by respondent CPIO, Project Sampark is taken on record wherein it is stated that the appellant is habitual in filing RTI applications. It is further stated that Border Roads Organisation (BRO) being subordinate and executive arm of Border Roads Development Board (BRDB) which is included in 2nd Schedule of RTI Act and thus, is exempted from its operation under Section 24.it is also stated that vide CIC file no. CIC/DPTMA/C/2024/632692 court had admonished the conduct of the appellant.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present Respondent: Rishi Gupta, CPIO, EEC civil, Manoj Kumar, Office Superintendent , BRO/HQ DGBR & Avikant Agarwal, Exe. Eng., PIO, MOD Jammu
3. Proof of having served the copy of second appeal to the respondent while filing the same in CIC is available on record.
4. The Appellant is not present despite the service of notice of hearing.
5. Written submissions dated 21.03.2026 filed by the appellant is taken on record which states that he filed an RTI application dated 18.06.2024 , however, no information has been provided to him.
6. The respondent CPIO, HQ DGBR while defending their case inter alia submitted that the RTI application was transferred by them to CPIO, HQ Sampark on 27.06.2024 and CPIO, HQ Sampark replied to RTI application on dated 03.08.2024 despite being exempted under RTI Act.Page 13 of 16
The respondent, ACDA, Pune while defending their case inter alia submitted that vide CIC file no. CIC/CGDAC/A/2024/602290 decision dated 20.09.2024 same RTI application has already been adjudicated by another bench of the Commission. It is also stated that as per the directions issued in the said decision replies were provided to the appellant.
Decision:
7. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the record and written submissions, notes that the instant RTI application in Second Appeal no.
638922 had already been adjudicated by the Commission in earlier proceedings in File No. CIC/CGDAC/C/2024/633105 vide interim decision dated 20.09.2024,05.01.2026 and final decision dated 16.03.2026 wherein a reply dated 23.01.2026 along with documents was also filed before the Commission in response to the show cause issued vide interim decision dated 20.09.2024 and 05.01.2026.
Further, instant RTI application in Second Appeal no. 638921 had already been adjudicated in earlier proceedings in CIC file no. CIC/DPTMA/C/2024/632692 vide decision dated 30.09.2024.
The Commission observes that the issues raised in the present appeal are same to those already decided earlier. The Commission is of the view that entertaining the same matter repeatedly would amount to re-litigation of an already settled issue.
In this regard Commission would like to place reliance on an earlier order by a Coordinate Bench of this Commission in second appeal No.CIC/AD/A/2013/001046SA, discussed the issue of res judicata as under -
"...The Commission noticed that some of the applicants are filing photocopies of RTI requests with the same public authorities time and again seeking information, irrespective of the fact that previous application reached second appeal level and information was furnished or refused as decided by the wisdom of authorities. When not taken to High Court for judicial review, the matter assumes finality and cannot be sought for again from the PIO. Though Right to Information Act, 2005 did not have any specific provision to bar the re-petition for information like Section 11 of Code of Civil Procedure, the universal principle of civil justice 'res judicata' will Page 14 of 16 certainly apply and the repeated request has to be rejected with an emphasis. Two Latin maxims form the basis of this rule, they are:
'interest republicae ut sit finis litium' (= it is in the interest of the State that there should be an end to litigation) and 'nemo devet vis vexar pro una et eadem cause" (=no man should be taxed twice over for the same cause). If the PIOs, First Appellate Authorities and the Commissions allow repeated RTI applications, there will be no end to the information litigation and the public authorities would be continuously taxed for no fault of them. Appeal as provided by law is allowed, though it appears like re-litigating, because it is review and an opportunity to challenge the order on reasonable and legal grounds. Filing same or slightly modified application for information which was decided, is against the principles of natural justice pertaining to procedure. Accordingly, the Commission admonishes the Appellant for repeatedly filing identical/similar RTI applications and Second Appeals on the same subject matter, thereby misusing the provisions of the RTI Act and burdening the public authority as well as the Commission."
The Commission further notes that the RTI mechanism cannot be allowed to be used as a tool for repeatedly seeking re-adjudication of matters which are already decided. Accordingly, the Commission admonishes the conduct of the appellant for repeatedly filing the RTI applications and Second Appeals on the same subject matter, thereby misusing the provisions of the RTI Act and burdening the public authority as well as the Commission.
In view of the above, and considering that the information has already been provided in compliance with earlier orders of the Commission, no further intervention is warranted in the instant matter.
With the above observations, the appeal are dismissed.
Sd/-
SANJEEV KUMAR JINDAL(संजीव कुमार िजंदल) Information Commissioner (सूचना आयु ) date: 25.03.2026 Page 15 of 16 Authenticated true copy (अिभ मािणत स ािपत ित) (SK Chitkara) Dy Registrar 011- 26107051 Addresses of the Parties:
1. The CPIO Additional Controller of Defence Account, Pay Accounts Office of General Reserve Engineer Force, GREF Centre Digi Camp, Pune-411015
2.The CPIO Headquarters Chief Engineer, Project Sampark, Pin-931712, C/o 56 APO
3. Pritam Bhattacharya Page 16 of 16 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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