Central Information Commission
Mr.S K Teri vs Ministry Of Defence on 19 May, 2011
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2011/000231
Appellant : S. K. Teri
Respondent : DGQA
Date of hearing : 19.5.2011
Date of decision : 19.5.2011
FACTS
The matter is heard today dated 19.5.2011. The appellant is present. The DGQA is represented by Brig U. K. Upadhyay, Shri Bhanu Pratap, CPIO and Ms. Asha Anand, Joint Director. The parties are heard.
2. It is noticed that vide RTI application dated 22nd June, 2010, the appellant had sought certain information on 06 paras regarding Permanent Secondment Boards in DGQA. This was responded to by CPIO vide letter dated 22 nd July 2010. The AA had passed an order dated 15th September 2010.
3. Dissatisfied with the responses of CPIO and AA, the appellant has filed the present appeal before the Commission. Para 06 of the appeal memo titled "prayer for relief sought" is extracted below:-
S. No. Para/ Sub Para/ Sub Comments Para of Para of appeal application 1 3 2 (b) The relevant authority for changing the present guidelines for Induction and Permanent Secondment of Service Officers of the Rank of Major/Lt Col in DGQA organization dt 23 Apr 2010, which were last issued on 16 Nov 07 along with copy of the noting sheet on which these were approved by the competent authority. This information was denied quoting that "Proceedings of the QASB are confidential in nature and cannot be provided u/s 8 (1) (j) of the RTI Act." It is submitted that copy of the noting sheet may be provided.
2 2(b) 2 (d) I had sought information on the names of the R3 officers (No 4 SB and /or No 3 SB) who were permanently seconded and whether these officers were promoted subsequently to the rank of Colonel or higher rank through QASB held by DGQA. This information has not been provided to me. The requisite information, if ready, may be provided.
3 2 (d) 2 (f) & (g) All the information asked is available in HQ DGQA and they should be instructed to provide the information in whatever form/ format available with HQ DGQA (Adm-4). It is also requested not to deny any information under the garb of Section 8 (1) (j) of the RTI Act.
4 2(e) 2 (h) I had asked for the copy of the letter/ noting sheet on which MS Branch has intimated HQ DGQA on R3 cases to be considered/ not considered in Permanent Secondment board in recent past/ No such information has been provided to me. The same may please be provided.
4. As regards Sr. No. 01, the requested information is disclsoable to the appellant. However, Brig. Upadhyay submits that the Minutes recorded in connection with this decision deal not only with this issue but also with several other issues. Therefore, the entire Minutes cannot be disclosed to the appellant. In the premises, it is ordered that the CPIO may invoke section 10 (1) of the RTI Act and disclose only that information which is relevant to the point at issue and obliterate the rest of the information contained in the Minutes in question.
5. As regards Sr. No. 2, it is ordered that Brig Upadhyay may re-visit the matter and if some additional information is required to be furnished to the appellant, it may be done forthwith.
6. As regards Sr. No. 3 & 4, Brig Upadhyay emphatically submits that information requested for in these paras relates to a third party which cannot be disclosed in terms of section 8 (1) (j) of the RTI Act. We are inclined to agree with the submission of Brig Upadhyay.
7. The matter is decided accordingly.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Deputy Registrar Address of parties :-
1. The Lt Col & CPIO PL Cell, Pune Zone, M/o Defence, CQA (Engg Eqpt), Aundh Camp Post, Pune-411027
2. Special DGQA & Appellate Authority M/o Defence, Dte. General of Quality Assurance Spl DGQA Sectt., Nirman Bhawan, Post Office, New Delhi-110011
3. Lt Col S. K. Teri HQ CWE, General Cariappa Marg, Pune-411001