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Central Information Commission

Shashikant Madheshiya vs Directorate General Of Quality ... on 15 May, 2026

                                     केन्द्रीय सूचना आयोग
                             Central Information Commission
                                  बाबा गंगनाथ मागग,मुननरका
                              Baba Gangnath Marg, Munirka
                                नई निल्ली, New Delhi - 110067
निकायत संख्या / Complaint No. CIC/DGOQA/C/2025/615077 +
नितीय अपील संख्या / Second Appeal No. CIC/DGOQA/A/2025/615076

Shashikant Madheshiya                                           ... अपीलकताग/Appellant

                                       VERSUS
                                        बनाम

CPIO: Directorate General of
Quality Assurance, New Delhi                                ...प्रनतवािीगण/Respondents

Relevant dates emerging from the appeals:

 Sl. No.      Complaint Date of RTI      Date of        Date of      Date of    Date of
              / Second  Application      CPIO's         First        FAA's      Complaint
              Appeal                     Reply          Appeal       Order      / Second
              No.                                                               Appeal

     1.       615077      08.01.2025     29.01.2025 07.02.2025 28.02.2025 29.03.2025

     2.       615076      31.12.2024     24.01.2025 09.02.2025 13.03.2025 29.03.2025


The instant Complaint and Appeal have been clubbed for decision as these relate to
the same subject matter.

Date of Hearing: 07.05.2026
Date of Decision: 14.05.2026
                                CORAM:
                          Hon'ble Commissioner
                        _ANANDI RAMALINGAM
                               ORDER

Second Appeal No. CIC/DGOQA/C/2025/615077

1. The Complainant/Appellant filed an RTI application dated 08.01.2025 seeking CIC/DGOQA/C/2025/615077 & CIC/DGOQA/A/2025/615076 Page 1 of 9 information on the following points:

➢ Reference:

(a) HQ DQA(V), New Delhi, letter No. B/87339/AE(QA)/DPC-2023/DGQA/Veh- P&C dated 11 Jan 2023.

(b) HQ DQA(V) New Delhi letter No. B/87339/Promotion/AE(QA)/2024/ DGQA/Veh-P&C dated 28 Dec 2023.

(c) HQ DQA(V) New Delhi letter No. B/87339/Promotion/AE(QA)/DPC-

2024/DGQA/Veh-P&C dated 31 Dec 2024.

Under the RTI Act, 2005, I kindly request the following information regarding promotions from JE(QA) to AE(QA) in the Vehicle discipline of DGQA:

1. Minimum qualifying service for promotion from JE(QA) to AE(QA), along with relevant SROs/Rules/OMs.

2. Details of year-wise promotions of JE(QA) to AE(QA) within 5 years of qualifying service from 2010 to 2025, with supporting SROs/Rules/OMs.

3. Possibility of promotion within 5 years of qualifying service for the DPC held vide HQ DQA(V), New Delhi, letter No. B/87339/AE(QA)/DPC-2023/DGQA/Veh-P&C dated 11 Jan 2023, in line with HQ letters referenced as (b) and (c).

4. Details of action taken to address backlog vacancies under Direct Recruitment (DR) from 2010 to 2025.

5. Kindly provide the category-wise number of vacant posts for AE(QA) under Direct Recruitment (DR) and Promotion (PR) from 2010 to 2025.

1.1. The CPIO replied vide letter dated 29.01.2025 and the same is reproduced as under :-

"In this regard, information received from the concerned sections vide notes as mentioned below are enclosed.

1 (a) Note No. ए/85207/आर.टी.आई/2024/गु.आ.म.नन/पिा-10 dated 16 Jan 2025, CIC/DGOQA/C/2025/615077 & CIC/DGOQA/A/2025/615076 Page 2 of 9

(b) Note No. A/92163/RTI/DGQA/Adm-7B dated 24 Jan 2025.

In view of the above, you are requested to liaise with PI Cell/DGQA for appointment to inspect the requisite records during office hours." Note Dated 16.01.2025 [DGQA (Adm-10)] "Point No. 1: As per Recruitment Rules (RRs) i.e. SRO 50/2012 (as amended vide SRO 103/2018), minimum qualifying service prescribed for promotion of JE(QA) to the grade of AE(QA) is five years regular service in the grade of JE(QA) in DGQA. The aforesaid RRs is available in public domain, which may be downloaded from DGQA website dgqadefence.gov.in.

Point No. 2 & 5: Information sought by the RTI Applicant involves compilation of data/details from multiple files pertaining to separate DPCs conducted for promotion from the grade of JE(QA) to the higher grade of AE(QA) for the relevant Vacancy Years in the concerned Discipline, which will disproportionately divert the resources of this office (HQ DGQA/Adm-10). However as per provision of Para 2(J) (i) of the RTI ACT, 2005, the applicant may be advised to inspect the records held at this office and extract the relevant information with prior permission of HQ DGQA/Adm-10.

Point No. 3: The information sought by the RTI Applicant is not covered under the definition of 'information' as per Section 2(f) of RTI Act 2005. Hence, no information is to be provided to the RTI Applicant.

Point No. 4: Information sought by the RTI Applicant does not fall under the purview of DGQA/Adm-10. The same may be obtained from DGQA/Adm-7B." Note Dated 24.01.2025 [DGQA (Adm-7B)] "Para 4: Information sought by the applicant involves compilation of data/details from multiple files pertaining to subject matter which will disproportionately divert the resources of this office (HQ DGQA/Adm-7B). However, as per the CIC/DGOQA/C/2025/615077 & CIC/DGOQA/A/2025/615076 Page 3 of 9 provisions of para 2(j)(i) of the RTI Act, 2005, the applicant may inspect the records held at this office and extract the relevant information with prior permission of HQ DGQA/Adm-7B.

Para 5: The requisite information has been provided vide DGQA/Adm-10 Note No. A/85207/RTI/2024/DGQA/Adm-10 dated 16 Jan 2025 (Copy Enclosed)"

1.2. Dissatisfied with the response received from the CPIO, the Complainant/Appellant filed a First Appeal dated 07.02.2025 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 28.02.2025 upheld the reply given by the CPIO, while also directing the CPIO to coordinate with the concerned Departments and offer inspection to the Appellant within three weeks. 1.3. Aggrieved with the FAA's order, the Complainant/Appellant approached the Commission with the instant Complaint dated 29.03.2025. Second Appeal No. CIC/DGOQA/A/2025/615076

2. The Complainant/Appellant filed an RTI application dated 31.12.2024 seeking information on the following points:

➢ I had submitted an application dated 17 September 2023 (copy enclosed) requesting a review of the DPC-2023 for promotion from JE(QA) to AE(QA) in the Vehicle discipline of DGQA. Unfortunately, I have not received any response to the date.

1. Status and action taken on my application dated 17th September 2023.

2. Total sanctioned and held strength of AE(QA) in Vehicle discipline as of December for each year from 2010 to 2024.

3. Year-wise vacancies for DPC and Direct Recruitment of AE(QA) from 2010 to 2024.

4. Year-wise promotions of JE(QA) to AE(QA) and Direct Recruitment of AE(QA) from 2010 to 2024.

5. Year-wise total vacancies in both Direct Recruitment (DR) and promotion, along with the corresponding ratio as per the Service Recruitment Order (SRO), and the number of Junior Engineers (JEs) promoted to Assistant Engineers (AEs) in each Departmental Promotion Committee (DPC) from 2010 to 2024.

6. Reasons and authority letters for not conducting DPC for JE(QA) to AE(QA) promotions after 2016 within the stipulated timeframe of five years.

7. Provisions for promotion in cases where direct recruitment (DR) vacancies remain unfilled for the last 5 or 10 years, despite the availability of eligible candidates for promotion.

8. Copy of relevant DPC proceedings, promotion orders from JE(QA) to AE(QA) from 2010 to 2024.

9. Copy of the relevant SP Roll of AE(QA) from 2010 to 2024.

10. Copy of relevant SROs, DPC proceedings for JE(QA) and AE(QA) from 2010 to 2024.

11. Copy of DOPT OMs or DGQA orders related to calculating promotion and DR vacancies.

12. Number of Vacant Posts for Promotion of AE(QA) to JSO/SSO-II as of December 2024.

2.1. The CPIO replied vide letter dated 24.01.2025 and the same is reproduced as under :-

"In this regard, information received from the concerned sections vide notes as mentioned below are enclosed: -

(a) Note No. बी/87025-ए/RTI/गुआमनन/वाहन-1 dated 09 Jan 2025.

(b) Note No. ए/85207/आर.टी.आई/2024/गु.आ.म.नन/पिा-10 dated 15 Jan 2025.

(c) Note No. 85670/RTI/DGQA/Adm-6B dated 16 Jan 2025.

With respect to query No. 02 to 11, the concerned section has intimated that the information asked from you is voluminous. Therefore, you are requested to liaise with DGQA/PI Cell for suitable time and date to inspect the requisite documents"

Note Dated 09.01.2025 [DGQA (VEH & EE) "Point No. 1: No individual application dated 17 Sep 2023 received in this office. However, application dated 17 Sep 2024 is found enclosed with RTI which is also not received in DQA(V).

Point No. 2 to 11: Information pertains to DGQA/ADM-10. Point No. 12: Information pertains to DGQA/ADM-6A."

Note Dated 15.01.2025 [[DGQA (Adm-10)] "Point No. 2 to 11: Information sought by the RTI Applicant involves compilation of data/details from multiple files pertaining to total sanctioned & held strength, SP Roll and year-wise DPCs conducted for promotion from the grade of JE(QA) to the higher grade of AE(QA) for the relevant Vacancy Years in the concerned discipline, which will disproportionately divert the resources of this office (DGQA/Adm-10). However as per provision of Para 2(J) (i) of the RTI ACT, 2005, the applicant may be advised to inspect the records held at this office and extract the relevant information with prior permission of HQ DGQA/Adm-10. Point No. 12: Information sought by the RTI Applicant does not fall under the purview of this office (DGQA/Adm-10) and the same may please be obtained from DGQA/Adm-6B."

Note Dated 16.01.2025 [[DGQA (Adm-6B)] "Point No. (i) to (xi): Does not pertain to Adm-6A & Adm-6B Point No. (xii): Since the case of merger/demerger of JSO to SSO-II is sub judice, vacancy calculation in not feasible. Vacancies will be tabulated after resolution of case/vacation of stay."

2.2. Dissatisfied with the response received from the CPIO, the Complainant/Appellant filed a First Appeal dated 09.02.2025 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 13.03.2025 upheld the reply given by the CPIO, while also directing the CPIO to coordinate with the concerned Departments and offer inspection to the Appellant within three weeks. 2.3. Aggrieved with the FAA's order, the Complainant/Appellant approached the Commission with the instant Second Appeal dated 29.03.2025. Hearing Proceedings & Decision:

3. The Complainant/Appellant remained absent and on behalf of the respondent S.B. Yadav, Director and FAA, attended the hearing in-person.

4. The respondent while defending their case inter alia submitted that the sought information pertains to four units within the respondent authority and would require compilation of data/details from multiple files pertinent to separate DPCs conducted for promotion from the grade of JE (QA) to the higher grade of AE (QA) for the relevant vacancy years in the concerned discipline, and the same will disproportionately divert the resources of the office. Therefore, they had offered an inspection of the records to the appellant, however, he had not approached PI Cell/DGQA or CPIO HQ DGQA for inspection of documents till date. The written submissions of CPIO, HQ DGQA dated 29.04.2026 are taken on record.

5. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that appropriate response has been given by the CPIOs, as per records maintained and available in material form. The CPIO has rightly pleaded that the compilation of data relating to category-wise vacant posts, year- wise promotions, etc. across four units would disproportionately divert the resources of the office, hence, is exempted under Section 7 (9) of the RTI Act. Furthermore, the relevant rules and guidelines with reference to the subject-matter are available in the CIC/DGOQA/C/2025/615077 & CIC/DGOQA/A/2025/615076 Page 7 of 9 public domain and, therefore, CPIO is not under an obligation to furnish copies of the same to the Appellant.

The Complainant filed the complaint seeking relief for disclosure of information for a limited period i.e. 2016 to 2023; however, such relief pertaining to disclosure of information is beyond the scope of proceedings under Section 18 of the RTI Act, and also amounts to change in the original RTI, which is not permissible. Commission further observes that the Complainant has addressed both petitions as Second Appeal/Complaint under Section 18 of the RTI Act, whereas a second appeal has also been registered without the Appellant having specifically mentioned Section 19 of the RTI Act. The Registrar, CIC, is advised to caution the staff of Central Registry to carefully peruse and examine the provisions relied upon by the applicant(s) before registering a Complaint or Second Appeal.

Further, the nature of the queries clearly indicates that furnishing the information would require compilation. Besides, the Complainant has neither stated any specific grounds nor provided any justification for not availing the opportunity for inspection offered by the respondent public authority. In view of the above, and in the absence of the Appellant/Complainant to plead his cases or contest the CPIO's submissions, the Commission finds no scope of intervention in the matters. Accordingly, the Complaint and the Appeal are disposed of.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Anandi Ramalingam) (आनंदी रामल ग ं म) Information Commissioner (सच ू ना आयक् ु त) निनां क/Date: 14.05.2026 CIC/DGOQA/C/2025/615077 & CIC/DGOQA/A/2025/615076 Page 8 of 9 Authenticated true copy O. P. Pokhriyal (ओ.पी. पोखररयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:

1. The CPIO, Directorate General of Quality Assurance, Public Information Cell, 2nd Floor, B Block, Defence Offices Complex, Sarojani Nagar PO, New Delhi -110023

2. Shashikant Madheshiya

3. Registrar, Central Information Commission Baba Gangnath Marg, Munirka, New Delhi 110067 CIC/DGOQA/C/2025/615077 & CIC/DGOQA/A/2025/615076 Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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