Central Information Commission
Anil Kumar Dhyani vs Indian Army on 4 December, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/IARMY/A/2023/135515
Anil Kumar Dhyani .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Indian Army, 505,
Army Base Workshop,
PIN 900106, C/o 56 APO .... ितवादीगण /Respondent
Date of Hearing : 22.11.2024
Date of Decision : 03.12.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 23.11.2021
CPIO replied on : 27.01.2022
First appeal filed on : 15.05.2022
First Appellate Authority's order : 16.06.2022
2nd Appeal/Complaint dated : 17.08.2023
Information sought:
The Appellant filed an (offline) RTI application dated 23.11.2021 seeking the following information:Page 1 of 8
"1. As per Section 7(1) of RTI Act, 2005 the IPO No 51F 920280 dated 23.6.2021 of Rs. 10/- is enclosed herewith for the below mentioned information's/documents:-
(a) Certified copy of the DO Part II order in which my present termination order w.e.f. 25 Jun 2021 has been published.
(b) Certified copy of the HQ BWG covering letter by which ink signed sanction order of my CEA claims for the academic year 2012-2013 to 2015-2016 has been received to 505 ABW.
(c) Certified copy of 505 ABW covering letter by which after getting time barred sanction my CEA claims for the AY 2012-2013 to 2015-2016 has been forwarded to Area Account Office for audit.
(d) Certified copy of the covering letter of 505 ABW wrote to Competent CGHS authorities by which intimation of cancellation of my CGHS cards after my termination w.e.f 25.6.2021 has been mentioned.
(e) Certified copy of the covering letter of 505 ABW wrote to Competent CSD canteen authorities by which intimation of cancellation of my CSD Canteen Grocery Card No. GCO6011900938700000 after my termination w.e.f 25.6.2021 has been mentioned.
(f) Intimate me current present status of my CEA claims for the AY 2012-
2013 to 2015-2016.
(g) Intimate me the present status/steps taken by the 505 ABW on my representation letter No. 4828/AKD/Misc/2021/43 dt. 26 Oct 2021 filed before Shri Rajesh Bhushan (IAS & Secretary (H&FW)} through proper channel. Certified copy of the 505 ABW remarks/comments on my ibid letter alongwith Ministry of Health & Family Welfare letter, if any, communicated in this regard are desired to me.
(h) Certified copy of the extract portion of register maintained by Finance Section (personally seen by me in Apr/May 2021 in front of A/c officer & finance section staff members) wherein details of actual paid amount of my TA/DA claims for the period 2002 to 2008 has been mentioned.
(i) Certified copy of the unit MRO No. 007 dated 17.05.2021 under which Rs. 596/- has been deposited in the govt. treasury by the 505 ABW.
Page 2 of 8(j) Certified copy of the entire parawise remarks/comments of 505 ABW forwarded to competent higher authorities w.r.t my representation letter No. 4828/AKD/Inq/2021/05 dated 31 Aug 2021 filed against my termination order dated 25.6.2021 before Appellate Authority.
2. In furtherance as per u/s 2(j) of RTI Act, 2005 I would like to make personal inspection of below mentioned files & records maintained in your office as details of them are as under: -
i. Complete correspondence file(s) alongwith their original file noting sheets maintained by finance section pertains to my CEA claims for the AY year 2012-13 to 2015-2016 w.e.f Apr 2018 onwards.
ii. Complete correspondence file(s) alongwith their original file noting sheets maintained by finance section pertains to my TA/DA claims for the period 2002 to 2010 & 2018 to 2021 respectively.
iii. My 1st & 2nd year Probation Reports maintained by Est (Ind) or Legal Cell Department.
iv. Complete all volumes of File No's 21202/FIN/FIR/LC(IO) & PF/4828/AKD/LC alongwith their original file noting sheets maintained in the workshop since 2011 onwards.
v. My all the disciplinary proceeding correspondence files with their original file noting sheets & rest entire records maintained in Legal Cell since 2011 onwards."
The CPIO furnished a point-wise reply to the Appellant on 27.01.2022 stating as under:
"(i)Para (a) Certified copy of DO Part II No 247/Est(Ind)/2021 dt 02 Jul 2021 is enclosed.
(ii)Para (b) Certified copy of HQ BWG letter No 21802/505/T-6/Est dt 21 Dec 2021 is enclosed.
(iii)Para (c) Certified copy of letter No 50609/CEA/Anil dhyani/Ind/Fin dt 20 Sep 2021, 03 Nov 2021 and 22 Dec 2021are enclosed.
(iv)Para (d) Certified copy of letter No PF/4828/Est(ind) dt 06 Aug 2021 is enclosed.Page 3 of 8
(v) Para (e) Certified copy of letter No PF/4828/Est(ind) dt 06 Aug 2021 is enclosed.
(vi) Para (f) Reply as given under Para 2(iii) above.
(vii) Para (g) Certified copy of letter No 50609/CEA/Anil Dhyani/Ind/Fin dt 27 Nov 2021 is enclosed.
(viii) Para (h) Certified copy of Appx 'A' of TA/DA claim for the period 2002 to 2008 and extract page of TA/DA register are enclosed.
(ix) Para (i) There was no MRO for Rs 596/- deposited by 505 ABVW in the govt treasury.
(x) Para (j) Certified copy of letter No 21202/FIN/FIR/LC(IO) dt 24 Jan 2022 is enclosed.
(xi) Para (2) (i), (ii), (iii), - You may report to main gate of 505 ABW for inspection of the documents on 12 Feb 2022 at 1400hrs (no fee charged for the first hours. But rupees five for each subsequent hours shall be charged through postal order).
(xi) Para (2) (iv) & (v) Your appeal has been pending before Hon'ble President of India intimation vide your representation No D/Misc/2021/43 dt 26 Oct 2021. Thus, the disciplinary proceedings related case files is exempted under Section 8(1)(h) of RTI Act 2005."
Being dissatisfied, the appellant filed a First Appeal dated 15.05.2022. The FAA vide its order dated 16.06.2022, held as under:
"AND WHEREAS, PIO at 505 Army Base Workshop, Delhi Cantt vide his letter No 20205/RTI/124/LC (AKD) dated 27 Jan 2022 had provided the information/documents mentioned against para No 1(a) to 1(j), and inspection of documents mentioned para No 2(i) to 2(iii) was allowed. Further, the information mentioned against para 2(iv) and 2(v) was denied under Sec 8(1)(h) as the information sought pertains to disciplinary proceedings.
AND WHEREAS, aggrieved by the response of the PIO at 505 Army Base Workshop, Delhi Cantt, Shri Anil Kumar Dhyani has preferred an Appeal dated 15 May 2022 under the provisions of Section 19(1) of the said Act, Page 4 of 8 stating that he is not satisfied with the information provided vide letter No 20205/RTI/124/LC (AKD) dated 27 Jan 2022.
AND NOW THEREFORE, after having perused the related records, RTI rules and rulings thereon, I direct PIO, 505 ABW to provide copy of inspected documents mentioned against para 2(i) to 2(iii) of application dt 23 Nov 2021 to the appellant. However, I uphold the decision of the PIO against para No 2(iv) and 2(v) as rendered vide PIO letter No 20205/RTI/124/LC (AKD) dt 27 Jan 2022."
In compliance of the FAA order, the CPIO furnished a point-wise reply to the Appellant on 17.06.2022 stating as under:
"(i) Certified copy of letter No 50609/CEA/Anil Dhyani/Ind/Fin dt 08 Apr 2022 is enclosed.
(ii) Certified copy of letter No pay/II/Tech/Misc dt 23 Mar 2022 is enclosed.
(iii) Certified copy of letter No AAO/II/MES/Genr Corss dt 08 Mar 2022 is enclosed.
(iv) Certified copy of letter No AAo/VIII/TA-DA/800/Dhyani dt 09 Mar 2021 is enclosed.
(v) Certified copy of letter No 50606/CE/A/Anil Dhyani/Ind/Fin dt 02 Sep 2019 is enclosed.
(vi) Certified copy of Minute sheet dt 05 Aug 2019 with related documents are enclosed.
(vii) Certified copy of letter No B/03418/1486/EME: Civ-6 dt 30 Jan 2018 is enclosed.
(viii) Certified copy of Cheque slip DV No 174/01/22 for Rs 91,500/- is enclosed.
(ix) Certified copy of Noting sheet No 50606/Fin/TA/DA/4828/AKD/2022 dt 09 Feb 2022 is enclosed.
(x) Certified copy of letter No 50609/Fin/CEA/4828dt 21 Feb 2022 is enclosed.Page 5 of 8
(xi) Certified copy of letter No 50606/Fin/TA/DA/4828/20 dt 12 Nov 2021 is enclosed.
(xii) Certified copy of ION no PF/4828/LC dt 10 Nov 2009 is enclosed.
(xiii) Certified copy of letter No AAO/X/1003/TA-DA & LTC dt 13 Jul 2009 are enclosed.
(xiv) Certified copy of letter No AAO/VIII/1006TA/DA/LTC dt 30 Sep 2019 is enclosed.
(xv) Certified copy of letter No 50606/Fin/TA/DA/F-21/19 dt 03 Aug 2019 is enclosed.
(xvi) Certified copy of letter No AAO/VIII/1003/TA-DA/LTC dt 12 Jan 2021 is enclosed.
(xvii) Certified copy of letter No AAO/VIII/1006/TA-DA/LTC dt 06/07-
07/2020 is enclosed.
(xviii) Certified copy of letter No AAO/VIII/1006/TA-DA/LTC dt 05 Feb 2020 is enclosed.
3. Certified copy of Do Pt-l order dt 05 Jan 2010 and list of destruction board mentioned against Para 2(iii) of RTI application dt 23 Nov 2021 are enclosed."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Shri Sachin Dev Sally, CPIO and Shri Praveen Kumar Kashyap, LDC, attended the hearing in person.
The Appellant stated that he is not satisfied with the reply provided by the Respondent qua point No. 1 (g) and (j) of the RTI Application. He added that in respect of point No. 2 (iii), (iv) & (v) of the RTI Application, the Respondent has not provided any opportunity of inspection of the relevant records.Page 6 of 8
The Respondent submitted that in respect of the information sought by the Appellant in point No. 1 (g) and (j) of the RTI Application is concerned, the available and relevant record was given to the Appellant vide letter dated 24.01.2021 and 27.01.2021. He further submitted that in respect of the information sought by the Appellant in point No. 2 (iii) of the RTI Application is concerned, the record retention period of probation records are 3 years and the same was weeded out as the record retention policy way back in the year 2010 and the same has been informed to the Appellant. He added that in respect of the information sought by the Appellant in point No. 2 (iv) & (v) of the RTI Application is concerned, inspection of the relevant records was not given to the Appellant because the averred disciplinary proceedings were pending at that time. However, since the averred proceedings have reached culmination, their office is ready to provide an opportunity of inspection of the relevant records to the Appellant.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that a suitable reply based on available records has been given by the Respondent in respect of information sought by the Appellant on point No. 1 (g), (j) and 2 (iii) of the RTI Application. The Respondent during the hearing has agreed to provide opportunity of inspection of the relevant records to the Appellant qua point No. 2 (iv) & (v) of the RTI Application and therefore, Shri Sachin Dev Sally, CPIO is directed to facilitate an opportunity of inspection of the available and relevant records as sought on point No. 2 (iv) & (v) of the RTI application to the Appellant on a mutually decided date & time but within four weeks. The intimation of the date and time of the inspection shall be provided to the Appellant by the CPIO telephonically and in writing. Copy of documents that the Appellant desires during the inspection shall be provided by the CPIO free of cost up to 20 pages, for pages exceeding this limit, CPIO may charge prescribed fees as per RTI Rules, 2012.
In the process of facilitating the inspection and providing subsequent copies of the record, the CPIO is at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 of the RTI Act read with Section 10 of the RTI Act.Page 7 of 8
The above directions shall be complied with by the CPIO within four weeks from the date of receipt of this order.
The First Appellate Authority is directed to ensure the compliance of the above order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Indian Army, 505, Army Base Workshop, PIN 900106, C/o 56 APO Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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