Central Information Commission
Vishal Bakshy vs Indian Army on 14 November, 2017
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CENTRAL INFORMATION COMMISSION
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Baba Gang Nath Marg, Munirka
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Tel: +91-11-26106140/26179548
Email - [email protected]
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INFORMATION COMMISSIONER : DIVYA PRAKASH SINHA
File No. : CIC/IARMY/A/2017/108129/SD
Date of Hearing :14/11/2017
Date of Decision :14/11/2017
Relevant facts emerging from the Appeal:
Appellant : Vishal Bakshy
Respondent : CPIO,
RTI Cell, Addl DG MT (AE),
G - 6, D - 1 Wing,
Sena Bhawan, Gate No. - 04,
IHQ of MoD(Army),
New Delhi - 110011.
RTI application filed on : 12/08/2016-17/10/2016
PIO replied on : 23/08/2016 ; 30/09/2016 ; 25/10/2016 &
03/01/2017
First appeal filed on : 04/11/2016
First Appellate Authority : 09/12/2016
order
Second Appeal dated : 02/02/2017
Information sought:
The Appellant sought to know in the context of his original RTI Application dated 12.08.2016 as to whether there is a policy letter available with the controlling section (Military's Secretary's Branch) giving information on how different QRs of AO 121/80 and SAO 2/S/87 are to be interpreted or considered so that there is no scope for subjectivity or arising of anomalies during the detailed screening process at MS 1C.
Grounds for the Second Appeal:1
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Lt Col R.N. Sharma, CPIO, Col R.S. Chandel, Col MS(Legal), Col Sunil Jaggi, IHQ of MoD(Army) and Lt Col Harpreet Singh, JD MS, O/o DGMS(Army) present in person.
CPIO submitted that appropriate information has been provided to the Appellant on the RTI Application and that on para 3(d)(iii), information was denied under Section 8(1)(j) of the RTI Act as Appellant sought names of 44 candidates who did not pass muster during the detailed screening process conducted by the controlling section.
Decision Appellant has not availed the opportunity to appear before the Commission to plead his case or contest CPIO's submissions.
Commission observes from the perusal of facts on record that there is no scope of intervention in the reply provided by the CPIO as the RTI Application is largely speculative in nature and outside the purview of Section 2(f) of the RTI Act. Under RTI Act, CPIO is not required to interpret or create information or provide clarifications. In the instant matter, CPIO has adequately replied to the Appellant on all queries and the denial of information on para 3(d)(iii) is also upheld. No further action is warranted.The appeal is disposed of accordingly.
(Divya Prakash Sinha) Information Commissioner File No. : CIC/IARMY/A/2017/108129/SD Authenticated true copy 2 (H P Sen) Dy. Registrar/Designated Officer 3