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Central Information Commission

Mahendra Chaturvedi vs Ministry Of Defence on 11 March, 2026

                            के ीय सूचना आयोग
                      Central Information Commission
                         बाबा गंगनाथ माग, मुिनरका
                       Baba Gangnath Marg, Munirka
                       नई िद ी, New Delhi - 110067


File No: CIC/DODEF/A/2024/123845



Mahendra Chaturvedi                               ....अपीलकता/Appellant


                                 VERSUS
                                  बनाम


                                              .... ितवादीगण /Respondent
The CPIO,
Addl. DGAE, G-6
D-1Wing
Integrated Headquarter of MoD (Army),
Sena Bhawan,
Gate No 4, New Delhi-110011


Date of Hearing                 : 09.03.2026
Date of Decision                : 11.03.2026


INFORMATION COMMISSIONER :         SANJEEV KUMAR JINDAL

Relevant facts emerging from second appeal:


RTI application filed on    :      05.10.2023
CPIO replied on             :      28.12.2023
First appeal filed on       :      08.02.2024
First Appellate Authority's :      01.05.2024
order
2nd Appeal dated            :      30.07.2024
                                                                 Page 1 of 6
    Information sought

:

1. The Appellant filed an RTI application dated 05.10.2023 seeking the following information:
" 1) I am serving as a Sand Model Maker in HQ, Army War College, Mhow (MP). It is submitted that a case for amendment in the existing Recruitment Rules for the post of Sand Model Maker for upgradation of pay from Level-2 to Level-3 in the Pay Matrix as being drawn by employees of Armoured Corps Centre & School, Ahmednagar, had been taken up by Army War College, Mhow with Approval-4 (Civ), Approval & Plans Branch, HQ Army Training Command (Delhi Component), Sena Bhawan, New Delhi.
2) The undersigned vide an application dated 19 Jun 23 (copy enclosed) had sought information under RTI Act from the CPIO, RTI Cell, ADG MT (AE), Sena Bhawan, IHQ of MoD (Army), New Delhi regarding action taken by Approval-4 (Civ), HQ Army Training Command (Delhi Component), Sena Bhawan, New Delhi in the said case. In reply, the CPIO, IHQ of MoD (Army) vide letter No A810027/RTI/OF_80714 dated 07 Aug 23 (copy enclosed) intimated that the "case has been processed with MoD".

3) In view of the above, it is most humbly requested to kindly furnish the following information under the RTI Act, 2005 please: -

(a) The date of receipt of the case by MoD from Apvl-4 (Civ), Approval & Plans Branch, HQ ARTRAC (Delhi Component).
(b) Details of action taken by MoD in the said case alongwith a certified copy of reply/ letter/ noting(s) initiated by MoD to any agency in this regard.
(c) Present position of the case and the timeline by which the case will be finalized".

2. The CPIO furnished a reply to the Appellant on 28.12.2023 stating as under:

"Information on 2: ra 3 (a) to (c) : An extract of Para 2 of Note of concerned agency of this HQ, vide which information Page 2 of 6 pertaining to your query has been provided, is enclosed herewith.
          S       Information Sought                   Reply
         No
(a) The date of receipt of the case 20.12.2019 by MoD from Apvl-4 (Civ), Approval & Plans Branch, HQ ARTRAC (Delhi Component).
(b) Details of action taken by MoD Case processed with MoD.

in the said case alongwith a certified copy of reply/ letter/ noting(s) initiated by MoD to any agency in this regard.

(c) Present position of the case and Information does not fall the timeline by which the case under the purview of will be finalized". information in terms of Sec (2)(f) of RTI Act, 2005.

Accordingly, this disposes your RTI application".

3. Being dissatisfied, the appellant filed a First Appeal dated 08.02.2024. The FAA vide its order dated 01.05.2024 stated as under:

"AND NOW THEREFORE, after having perused all the records and after hearing views of the nodal officer, I find that appropriate information has already been provisioned to the appellant by the CPIO vide RTI Cell letter No A/810027/RTI/OF- 83783 dated 28 Dec 2023. I, therefore, uphold the decision of the CPIO".

4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present: -
Appellant: Mr. Mahendra Chaturvedi Respondent: Col. K.S Gill, PIO IHQ of MOD, Mr. AK Sinha, PIO Page 3 of 6

5. Proof of having served the copy of the second appeal to the respondent while filing the same in CIC is not available on record.

6. The Appellant inter alia submitted that he had filed the RTI application seeking information regarding the date of receipt of the proposal by the Ministry of Defence, action taken by MoD and the present status of the case related to amendment in the existing Recruitment Rules for the post of Sand Model Maker for upgradation of pay from Level-2 to Level-3 in the Pay Matrix. He expressed dissatisfaction with the reply furnished by the CPIO and stated that complete and clear information regarding the progress and finalisation timeline of the case had not been provided to him.

7. The respondent while defending their case inter alia submitted that the RTI application was duly examined and information available on record was provided to the appellant vide letter dated 28.12.2023. It was further submitted that the proposal for amendment of Recruitment Rules was received on 20.12.2019 and the case was processed with the Ministry of Defence. The respondent also informed that after creation of the Department of Military Affairs, the case file relating to framing of Recruitment Rules for the post of Sand Model Maker was submitted to DMA on 01.07.2020 and after observations it was resubmitted on 23.02.2024. Further, MoD returned the case with certain observations which were communicated to Army War College, Mhow on 03.02.2026 seeking requisite information/documents and the reply from the concerned authority is awaited. It was also submitted that the respondent CPIO is willing to look into the matter of the appellant on humanitarian grounds.

8. Written submissions dated 27.02.2026 filed by the respondent is taken on record which states that the appellant had filed an RTI application seeking information related to the date of receipt, action taken by the Ministry of Defence and the present position of his case regarding amendment in the existing Recruitment Rules for the post of Sand Model Maker for upgradation of pay from Level-2 to Level-3 in the Pay Matrix. The said RTI application seeking information regarding the present position of his case was received in their Cell on 29.11.2023 from Ministry of Defence, Department of Military Affairs (D, GS-II). The matter was processed with the concerned agency of their Headquarters and based on the reply received, the information was provided to the appellant vide letter dated 28.12.2023. Being dissatisfied with the reply of the CPIO, the appellant Page 4 of 6 filed First Appeal dated 08.02.2024 which was heard by the First Appellate Authority on 01.03.2024 and the decision of the CPIO was upheld. It is submitted that the case has appropriately been disposed of by the CPIO, IHQ of MoD (Army) as per the information held with their Headquarters. However, additional information is also being provided that the proposal was received by Apvl-4 (Civ), Approval & Plans Branch, HQ ARTRAC (Delhi Component) from Army War College on 20.12.2019. On creation of the Department of Military Affairs, the case file relating to framing of Recruitment Rules for the post of Sand Model Makers was submitted to DMA on 01.07.2020 and after several communications and rectification of observations it was resubmitted to DMA on 23.02.2024. Further, MoD returned the case file with certain observations which were communicated to AWC Mhow on 03.02.2026 seeking requisite documents and the reply is awaited from them. Copy of written submissions is found endorsed to the appellant.

Decision:

9. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records and written submissions, notes that the respondent had provided the information as available on record to the appellant and has also clarified the present position of the case of the appellant. The Commission notes that the reply furnished by the respondent CPIO is in accordance with the provisions of the RTI Act, 2005. Further, the respondent has shown his willingness to look into the grievance of the appellant separately.

In view of the above, no further intervention of the Commission is warranted in the instant matter.

With the above observations, the appeal is disposed of.

Sd/-

SANJEEV KUMAR JINDAL (संजीव कुमार िजंदल) Information Commissioner (सूचना आयु ) date: 11.03.2024 Authenticated true copy (अिभ मािणत स ािपत ित) (Col Prabhat Kumar) Dy Registrar 011- 26107051 Page 5 of 6 Addresses of the Parties:

1. The CPIO Addl. DGAE, G-6 D-1Wing Integrated Headquarter of MoD (Army), Sena Bhawan, Gate No 4, New Delhi-110011
2. Mahendra Chaturvedi Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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