Central Information Commission
Mr.B R S Gupta vs Ministry Of Defence on 5 August, 2010
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2010/001035
Appellant : Shri B.R.S. Gupta
Public Authority : Indian Army
Date of Hearing : 5.8.2010
Date of Decision : 5.8.2010
FACTS :
The matter is called for hearing today dated 5.8.2010. Appellant present. The Army is represented by Lt Col M. Rajendran of the Man Power Directorate of Army HQ.
2. The matter, in short, is that the appellant's son Maj Vivek Gupta made supreme sacrifice for the nation in the Kargil war on 13.6.1999. It is undisputed that initially he had made 'will' dated 8.4.1997 in favour of his wife Capt Rajshree Gupta. However, subsequently, he made a 'privileged will' dated 12.6.1999 before going for the attack during Kargil War which provided that in case of his martyrdom, the monitory benefitswill be equally shared by his father and his wife. It is also undisputed that Capt Rajshree Gupta had filed a suit before the Court for probate wherein the appellant had been impleded as a party. The suit, however, was dismissed by the court in default vide order dated 2.3.2009 due to continued non- appearance of the plaintiff, that is, Capt Rajshree Gupta,before the Court. It is also undisputed that when the matter stood thus, the Army Authorities had released the monitary benefits in favour of Capt Rajshree Gupta in 2006.
3. It is in this context that vide RTI application 17.4.2009, the appellant had requested for information on 06 paras. This was responded to by the CPIO through letter dated 13.5.2009 enclosing therewith the information received from MP Directorate, AG's Branch, vide letter dated 4.5.2009. During the hearing, the principal submission of the appellant is that the release of monitary benefits by the Army authories in favour of his deceased son's wife is unjustified and unconscionable when they were fully aware of the fact that the probate issue was pending in the court.
4. To this, Col M Rajendran would respond that this matter does not fall in the domain of the RTI Act and if the appellant is aggrieved with the Army authorities decision it is open to him to move the court.
DECISION
5. That may be so; but the appellant is fully entitled to have access to all the document relating to the disbursement of the monitary benefit resulting from the unfortunate death of his son. In the premises, the CPIO is hereby directed to supply copies of the documents, including file notings, wherein the matter in hand was dealt with by the competent authority in the Army.
6. The order of the Commission may be complied with in 04 weeks time.
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) Assistant Registrar Address of parties :-
1. The CPIO RTI Cell, ADG AE, G-6, D-1 Wing, Sena Bhawan, Gate No 4, IHQ of MoD (Army), New Delhi-110011
2. Shri B.R.S. Gupta 23/II, Vasant Vihar, Dehradun-248006