Central Information Commission
Debasis Bera vs Indian Army on 30 October, 2025
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/2024/627913
Debasis Bera .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Shri Shailendra Kumar EE Civ
HQ, Chief Engineer, Project
Swastik, 532 SS&TC, PIN
930532, C/O 99 APO .... ितवादीगण /Respondent
Date of Hearing : 29.10.2025
Date of Decision : 30.10.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 15.01.2024
CPIO replied on : 06.02.2024
First appeal filed on : 06.03.2024
First Appellate Authority's order : 04.04.2024
2nd Appeal/Complaint dated : 28.06.2024
Information sought:
1. The Appellant filed an RTI application dated 15.01.2024 (offline) seeking the following information:
"It comes to know that, the attendance of some CP workers was filled in the respective SW Bills (Muster Rolls) for the month of Aug 2023 (the period between 21 Aug 2023 and 20 Sep 2023) under 130 RCC (GREF), even those who were not present in the entire AoR/worksite of 130 RCC Page 1 of 8 and also by issuing the MR on very later stage, which is false mustering and clear face of corruption.
Therefore, it is requested to provide me the authenticated photo copies of all paid SW Bills (Muster Rolls) of Sep 2023 (the period between 21 Aug 2023 and 20 Sep 2023) under 130 RCC (GREF)."
2. The CPIO furnished a reply to the Appellant on 06.02.2024 stating as under:
"Please refer your RTI Application dated 15 Jan 2024 addressed to PIO HQ 764 BRTF.
In this context, it is intimated that Border Roads Organisation is exempted from the purview of RTI Act under Section 24 (1) and the Second Schedule except in case of allegation of corruption and human right violation. However, application submitted by you does not providing any supporting documents/evidence of allegations. Hence, information asked by you cannot be furnished, please.
Moreover, as per advisory issued by CIC vide order No CIC/CC/A/14/000761/DP/dated 29 Apr 2016, "all personnel serving in the Organisation may be made aware of RTI provisions. Special mention has to be made to them for service-related documents they should not approach CPIO/FAA/CIC under RTI Act unless it is a case of violation of Human Rights and allegations of corruption". In the instant case, you have been hided your identity as you are a serving person and posted with 130 RCC, which is not in order."
3. Being dissatisfied, the Appellant filed a First Appeal dated 06.03.2024. The FAA vide its order dated 04.04.2024, held as under:
"Please refer your first appeal dated 06 Mar 2024 addressed to First Appellate Authority (RTI) HQ 764 BRTF.
It is intimated that as per procedure in BRO, paid vouchers of SW bills (Muster Rolls) are held with the Accounts office. You may approach AO 764 BRTF directly for the required information. Alternatively, undersigned is directing the HQ 764 BRTF to transfer your application to AO 764 BRTF."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Page 2 of 8Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference.
Respondent: Shri Shambhu Sharan, CPIO present through Bharat VC.
5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 28.06.2024 is not available on record. The Respondent confirms non-service.
6. Written submission of the Appellant is taken on record. The Appellant, during hearing, reiterated the contents of his written submission dated 20.10.2025 wherein he inter alia, pleaded as under-
"I, Debasis Bera, the appellant, had submitted an RTI application dated 15 January 2024, seeking certified copies of all Master Rolls issued for September 2023 (period from 21 Aug 2023 to 20 Sep 2023) under 130 RCC (GREF).
I am a Junior Engineer (Civil) who has been continuously reporting and objecting to instances of corruption and misuse of official records in my past unit 130 RCC. Most recently, on 14 October 2025, I submitted another written information/ report to higher authorities about the continuing corruption and misuse of records under 130 RCC. A copy of this communication is also enclosed for reference.
A. Brief Background of the Case
1. I, Debasis Bera, took over charge of the E6 Section of 130 RCC on 12 September 2023. In our department, each working month is defined from 21st of a month to the 20th of the next month, and multiple Master Rolls are issued to different sectors accordingly.
2. On 19 September 2023, after assuming charge, I personally given 27 blank Master Rolls (outer sheet serial numbers 9655 to 9681) for issuing to various sectors for the month of October 2023 working month (21 Sep 2023 to 20 Oct 2023). The issuance details were duly entered in the Master Roll Issue Register, which is maintained under the custody of the E2 Section of 130 RCC.
3. Later, while preparing expense vouchers, I noticed that the Master Roll No. 9680 was missing from the October issue page. Upon checking the previous Page 3 of 8 month's (September 2023) page, I found the same sheet inserted there, which was used to marking attendance from 20 Aug 2023 to 20 Sep 2023 a clear case of backdating and manipulation.
4. Since I only took charge on 12 September 2023, it was impossible for me to have issued or used that Master Roll before that date. Hence, it became evident that the said blank Master Roll No. 9680, which was handed over by me on 19 September 2023, had been illegally taken and used by the OC (RCC) and the Sector OIC, who backdated endorsement entries from 21 August 2023 and closed the roll without authorization.
5. I lodged a written report on 23 October 2023 to the Commander, requesting an inquiry into the matter. However, no investigation or departmental action has been initiated to date.
B. RTI Application and Unlawful Denial by CPIO
1. To obtain documentary evidence of this irregularity, I submitted an RTI application dated 15 January 2024, seeking certified copies of all Master Rolls issued for September 2023 (period from 21 Aug 2023 to 20 Sep 2023).
2. On 6 February 2024, the CPIO refused to provide the requested information, stating that, as BRO is included in the Second Schedule (Section 24 exemption), the documents cannot be provided without proof of corruption. Additionally, the CPIO accused me of concealing my departmental address by filing the RTI from my home address.
3. I respectfully clarify that:
(a) Under Section 24(1) of RTI Act, BRO falls under the Second Schedule of exempted organisations, which provides that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section.
(b) I used my home address, which is the same address recorded in my service file, and therefore not concealed in any way. And the observation raised by CPIO for hiding my identity is a false and baseless allegation. Under Section 6(1) of the RTI Act, any citizen can use any postal address; thus, this allegation is irrelevant and illegal.Page 4 of 8
(c) As per Section 6(2) of the RTI Act, 2005, an applicant is not required to give reasons for seeking information.
(d) The CPIO's further justification Section 6(2) and defeats the very purpose of the RTI Act, since one seeks documents to establish corruption, not after proving it. that I did not "prove corruption" is contrary to C. First Appeal and AO Communication
1. I filed a First Appeal on 6 March 2024, explaining that the requested records relate to corruption and human rights violations, and therefore disclosure is mandatory under the proviso to Section 8(1)(d), (e), and (j) of the RTI Act.
2. On 4 April 2024, the First Appellate Authority (FAA) informed me that the relevant Master Roll copies were with the Accounts Office 764 BRTF (AO 764 TF) and ordered transfer of my RTI application to that department.
3. I waited for a reasonable period, but as no response was received, I wrote a letter to the AO 764 TF on 11 May 2024 through email and emailed a copy of my letter to the FAA.
4. The AO Department promptly replied on 11 May 2024, confirming that they had already handed over the relevant Master Roll copies to HQ 764 BRTF on 27 April 2024. However, neither HQ 764 BRTF nor the FAA ever provided me with those documents.
5. Therefore, I was compelled to file a Second Appeal before the Hon'ble CIC on 28 June 2024. The present hearing is scheduled for 29 October 2025.
D. Legal Grounds of Appeal
1. Violation of Section 7(1):
Information not provided within 30 days as required.
2. Violation of Section 8(2):
Information relating to corruption cannot be denied under any exemption clause.
3. Violation of Section 19(6):
FAA failed to issue any final order within 45 days.Page 5 of 8
4. Suppression of Records:
AO Department confirmed transfer of the record on 27 April 2024, yet it was withheld by the CPIO.
5. False Allegation by CPIO:
Claiming concealment of departmental address is baseless and outside the purview of RTI Act.
E. Prayer I most respectfully pray that the Hon'ble Commission may kindly:
1. Direct the concerned CPIO/Department to immediately furnish:
Certified copy of Master Roll Serial No. 9680 (September 2023).
Copies of all Master Rolls issued for the month of September 2023 (period from 21 Aug 2023 to 20 Sept 2023), and Relevant pages of the Master Roll issue Register.
2. Impose penalty under Section 20(1) on the PIO for willful delay and denial.
3. Order departmental inquiry into the manipulation of the Master Roll and irregular practices continuing in the unit."
7. The Respondent submitted that the information sought by the Appellant pertains to Account Office, 764 BRTF, therefore, his RTI application has been transferred to the concerned department to provide information directly to the Appellant. The AO, 764, BRTF furnished a reply to the Appellant on 31.05.2024 by affording him an opportunity to inspect the relevant records.
The Appellant did not avail the same. The Respondent added that if the Appellant wants, his offer for inspection of records is open to him on a mutually agreed date.
8. The Appellant stated that he has not received any such reply from the Respondent as referred by him above. However, he would be able to go for inspection of records after two months as he is currently posted in Jammu and he needs time to get leave sanctioned for availing inspection of records.
9. The Respondent did not contest the prayer of the Appellant, and he further volunteered to file a detailed written submission before the Page 6 of 8 Commission with the copy marked to the Appellant narrating the chain of events and correspondence forwarded to the Appellant pertaining to instant case.
Decision:
10. In furtherance of hearing proceedings, the Commission firstly directs the Respondent to file a written submission with a copy shared with the Appellant via speed-post and email at <beradebasis[at]rediffmail[dot]com> by giving the complete facts of this case and the correspondences/replies send to the latter in response to this RTI application. This direction should be complied by the Respondent within two weeks of the date of receipt of this order.
11. In addition to above, the Respondent is further directed to afford another opportunity of inspection of relevant records to the Appellant in response to the RTI Application only, on a mutually decided date and time within twelve weeks (considering peculiar circumstances of this case as noted above) from the date of receipt of this order. Before giving a date to the Appellant, the Respondent should supply him a list of files connected pertaining to this RTI application giving File Nos., Subject of the file, and total number of pages of correspondence in each file. Further, on the day of inspection, all relevant records must be brought at one place to facilitate inspection and not make the Appellant run around various departments of the Respondent Public Authority. Intimation of date and time should be sent to the Appellant well in advance in writing. Copy of records as may be desired by the Appellant be provided to him upon receipt of requisite fees as per RTI Rules.
12. FAA to ensure compliance of the directions.
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 Page 7 of 8 Copy To:
The FAA, HQ, Chief Engineer, Project Swastik, 532 SS&TC, PIN 930532, C/O 99 APO Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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