Central Information Commission
Shri Prithipal Singh vs Ministry Of Defence on 30 January, 2009
CENTRAL INFORMATION COMMISSION
No.CIC/WB/A/2007/01111-SM dated 03.09.2007
Right to Information Act-2005 - Under Section (19)
Dated 30.01.2009
Appellant: Shri Prithipal Singh
Respondent: Ministry of Defence
This appeal was taken up through Video-Conferencing.
The Appellant was present in person in the NIC studio at Delhi.
On behalf of the Respondent, the following were present:
(i) Col. Arun Sarin, PIO (CIC Office, New Delhi)
(ii) Col. Gokhle (NIC studio at Pune)
(iii) Sh. R. K. Bhandari (NIC studio at Bangaluru) The brief facts of the case are as under.
2. The Appellant had approached the CPIO in his letter dated 21.05.2007 seeking copies of the proceedings of the Summary Court Martial (SCM) in his case as also the copy of the verdict and other related information. The CPIO, in his reply dated 30.05.2007, informed him that the SCM proceedings had since been destroyed and were not available and hence, copies of the findings etc., could not be provided to him. Against this the Appellant filed an appeal before the first Appellate Authority which that authority decided in a speaking order and endorsed the decision of the CPIO. It is against that order of the Appellate Authority that the Appellant has come before us in second appeal.
3. During the hearing conducted through video conferencing, we heard both the sides. It is quite clear that the Public Authority concerned does not any longer possess the SCM proceedings having destroyed those as per the manual for weeding out of records. In view of the fact that the documents, copies of which have been sought, no longer exist, the CPIO cannot provide the required information to the Appellant. After carefully examining various communications which the Public Authority concerned has sent to the Appellant and the Government of Punjab in connection with his status as a deserter during the Operation Blue Star we are convinced that the Public Authority has provided sufficient information of his status from time to time including a letter from the level of the Integrated Army Headquarters.
4. After discussing the issues further, we direct that the CPIO concerned would write to the Government of Punjab in response to their query reconfirming the various communications sent by the Public Authority in the past for inclusion of the name of the Appellant as a deserter of Operation Blue Star. This may be sent within 10 working days from the receipt of this order.
5. In view of this, there is no merit in this appeal and, hence, it is rejected. Copies of this order be given free of cost to the parties.
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(Satyananda Mishra) 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.
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(Vijay Bhalla) Assistant Registrar