Central Information Commission
Mr.Pokhar Singh Dagar vs Indian Army on 10 January, 2012
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2011/903339
Appellant : Shri Pokhar Singh Dagar
Public Authority : Bengal Engineer Group Records, Roorkie.
Date of hearing : 10.01.2012
Date of Decision : 10 .01.2012
Facts :-
Heard today dated 10.01.2012. Appellant present along with his assistant Shri V. Siva Subramaniam. The Public Authority is represented by Capt. Anmol Singh. The parties are heard and the records perused.
2. The matter, in short, is that the appellant retired in the rank of Havaldar way back in 1991. He was conferred the honorary rank of Naib Subedar in 1991. Vide RTI application dated 28.2.2011, he had sought information on the following 03 paras :-
"1. The dates of enrolment, promotions to the rank of Nk, Havildar(date of seniority) and Nb Sub (date of seniority) in respect of the following personnel of Bengal Engineers Group with reference to the entries in their respective Sheet Rolls :-
(a) No.1452125W Hav VK Pushpakaran,
(b) No.1452250 A Ch Surjit Singh,
(c) No.1452723 N Satya Singh
(d) No. 1453938 Y Rajinder Pal Singh,
(e) No.1545443 M Ranjit Singh Cheema.
2. The reasons for not promoting me as Nb Sub although I was fully qualified in all respects and vacancies were available on or before 01.10.1990.
3. Please intimate the date on which I was sanctioned the pension of Nb Sub along with arrears from 01.01.2006 pursuant to Govt. of India, Ministry of Defence(Department of Ex. Servicemen Welfare) letter No.1(8)/2008- D(Pen/Policy) dated 12.06.2009."
3. As he was not furnished the requisite information, he has filed this appeal.
4. As regards para 01, Capt. Anmol Singh submits that the appellant is seeking third party information which cannot be disclosed to him. This plea cannot be accepted. The appellant is seeking very innocent and harmless information about 05 Army personnel. Disclosure of this information is not going to prejudicially affect them in any manner whatsoever, particularly, when they have already retired from service long back. In the premises, the objection raised by Anmol Singh is over-ruled and he is directed to disclose the information on the basis of available records.
5. The appellant does not press para 02 of the RTI application.
6. As regards para 03, Shri Siva Subramaniam produces a copy of letter dated 12.6.2009 of the Ministry of Defence addressed to the Chief of the Army Staff which clearly mentions that the personnel who were granted honorary rank of Naib Subedar would be eligible for the pension of a regular Naib Subedar. Copy of the said letter is directed to be enclosed with this order. In view of the clear policy guidelines issued by the Ministry of Defence, denial of pension of a regular Nb. Subedar to the appellant cannot be justified in any manner whatsoever. In the premises, Capt. Singh is hereby directed to take up the matter with the quarters concerned and ensure that the pension due to a regular Naib Subedar, including the arrears of pension are arranged to be paid to the appellant, in 10 weeks time as per the MoD letter under reference.
7. If this order is not implemented by the competent authority, the appellant will have the liberty to move this Commission again.
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.
( Pankaj K.P. Shreyasker ) Director & Joint Registrar Address of parties :-
1. The Lt. Colonel & CPIO, Bengal Engineer Group Records, PIN : 900477, c/o 56-APO.
2. Shri Pokhar Singh Dagar, Jharsaintly, Sec. 58, Ballabhgarh, Faridabad, Haryana.