Central Information Commission
Mrsunil Kumar Sahu vs Ministry Of Defence on 11 April, 2014
CENTRAL INFORMATION COMMISSION
Room No.-326, 2nd Floor, B-Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi-110066.
Website : cic.gov.in
Telephone No.: +91-11-26105682
File No.CIC/RM/A/2014/000147
Appellant: Shri Sunil Kumar Sahu
Public Authority: HQ Western Naval Command, Mumbai
and IHQ of MoD (Navy), New Delhi
Date of Hearing: 11.04.2014
Date of decision: 11.04.2014
Heard today, dated 11.04.2014 through video conferencing.
Appellant is present.
Public Authority is represented by Shri Prashant, Dealing Clerk, HQ Western Naval
Command, Mumbai.
FACTS
Vide RTI dt 24.7.13, appellant had sought information on 8 points relating to summary trial of the appellant.
2. PIO HQ WNC, vide letter dt 19.8.13, denied the information u/s 8(1)(h) of the RTI Act.
3. An appeal was filed on 4.9.13. PIO (N) MOD Navy, New Delhi, vide letter dt 10.9.13, transferred the appeal to HQ WNC, Mumbai.
4. Submissions made by the appellant and public authority were heard. Public authority submitted that in pursuance of the appeal, Capt S Ruperee, PIO, vide letter dt 11.9.13, had directed that information in respect of query A and F be provided to the appellant and denied the remaining u/s 8(1)(j) of the RTI Act. Accordingly Lt Sidharth Sharma, APIO, Naval Base, Karwar, HQ Karnataka Naval Area, vide letter dt 29.11.13, provided the information at query A and F. Appellant submits that the grounds for denying the information are wrong as his trial has since been concluded on 22.7.13 and he has been exonerated. The dealing clerk representing HQ Western Naval Command was not able to confirm this information. Appellant has requested that the balance of information sought should be provided to him as it pertains to his trial and the question of denying the same u/s 8(1)(j) does not arise.
DECISION 1
5. The Commission takes note of the fact that the summary trial of the appellant was concluded on22.7.13 and as such denial of the information sought was not justified. The Hon'ble High Court of Delhi in the case of Union of India Vs Col VK Shad, Col PP Singh and Brig S.Sabharwal (WP (C) 499/2012 & CM 1059/2012) dt 9.11.2012 has dealt in detail with the rights of the petitioners in similar cases and to have access to such information.
6. In the light of the above judgement, the Commission directs PIO HQ Western Naval Command, Mumbai, to provide all the information sought by the appellant in his RTI dt 24.7.13.
7. The above directions be complied with within three weeks of receipt of the order.
The appeal is disposed of.
Sd/-
(Rajiv Mathur) Central Information Commissioner Authenticated true copy forwarded to:
The Caption & PIO Headquarters Western Naval Command 6th Floor Noorbhav Building Shahid Bhagat Singh Road, Mumbai -400 023.
The First Appellate Authority Integrated Headquarters Ministry of Defence (Navy) New Delhi -110011.
Shri Sunil Kumar Sahu S/o Shri Onkarnath Sahu 2 Manjhanpur Road, PO -Sirathu Distt. - Kaushambi. (UP) (Raghubir Singh) Deputy Registrar .04.2014 3