Central Information Commission
Surinder Gupta vs Indian Army on 19 July, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/IARMY/A/2023/625451, CIC/IARMY/A/2023/130031
Surinder Gupta .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
HQ 91 Sub Area, PIN:
908691, C/o 56 APO
PIO,
O/O THE CPIO INDIAN
ARMY HQ:91, SUB AREA,
PIN-908691 C/O 56 APO. ....प्रनर्वािीगण /Respondents
Date of Hearing : 16.07.2024
Date of Decision : 19.07.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above mentioned Appeals have been clubbed together for decision as
these are based on same RTI application.
Relevant facts emerging from appeal:
RTI application filed on : 18.01.2023
CPIO replied on : 16.03.2023
First appeal filed on : 05.04.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : Nil
CIC/IARMY/A/2023/625451
CIC/IARMY/A/2023/130031
Page 1 of 6
Information sought:
The Appellant filed an RTI application dated 18.01.2023 seeking the following information:
"1. Attested Copy of reference Government of India, Ministry of defence letter no. 24 (8)/03/US(WE) /D(Res) dated 19 December 2003.
2. Attested bearing copy letter Authority: /ECHS/Referra no. B49774 /AG 01.12.09
3. Attested Copy of Revised Referral Policy for NCR1 no.
B/49774/AG/ECHS/Referral dated 10.08.2009.
4. Certified copies of the complete proceedings of COIS ordered order vide convening no.3003/ECHS/Comp- Asr/A2 dated 06 June 2020 and Hq.55 letter no. 11 Jun 2020 (I) Mech Bde 240/6/A dated including the report submitted therein and action2122/ECHS/who ordered the COI and that of the respective reports submitted actions taken / ordered/ recommended in pursuant thereto.
5. Certified copy of the complete preliminary inquiry carried out on the directions of Director, ECHS Regional Centre, Jalandhar vide convening order Number 3300/ECHS/Con/A dated 22 May, 2020 and the reports submitted therein.
6. Certified copy the order along with the Name and designation of the authority ordering the detailed inquiry into the matter.
7. Certified copies of the convening order and that of the complete COI proceedings started afresh and carried out in orders pursuant to the dated 13.10.2021 passed by the hon'ble high court in CWP-9382-2021 (O&M) and other connected petitions and further order dated 07.02.2022 passed in LPA-1234-2021 including (O&M) report the submitted therein and the action taken /ordered /recommended in pursuant thereto.
8. Duly attested / certified copies of all the communications exchanged in the course of subsequent COI between Gupta Hospital and the Hon'ble Court, Dis- empanelment ECHS Hospitals, CP-5, New Khasa Cantonment, Amritsar."
The PIO furnished a reply to the Appellant on 16.03.2023 stating as under:
"1. Provided (copy attached).
2 & 3. Not Held.
4. ECHS Regional Centre, Jalandhar is not in possession of any of C of I. The same has been returned/forward to concerned authority.Page 2 of 6
5. Convening order No 3300/ECHS/Con/A dt 22 May 2020 issued by HQ, Amritsar. No certified copy of preliminary inquiry is held with ECHS Regional re, Jalandhar.
6. Information as sought vide this para is not clearly specified.
7. This office is not in possession of any copy of C of I. The same been forwarded to CO, ECHS through proper channel.
8. Not held."
Being dissatisfied, the appellant filed a First Appeal dated 05.04.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeals.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Represented by Mr. S. S. Channa present through video-conference. Respondent: Represented by Col. Kaushik Bhatia present through video- conference.
A written submission dated 01.07.2024 has been filed by the Appellant, which is taken on record, contents of the same are reproduced below for the sake of clarity-
"....1. On 18.01.2023 appellant moved an application under right to information act to get the required information through regd post and in response to said application, a letter dated 02.02.2023 bearing reference no. A/810027/RTI/TFR_77412 issued by RTI Cell, Addl DG AE, g-6, D-1 Wing, Sena Bhawan, Gate No.4, IHQ Of MOD (Army) New Delhi vide which appellant's application which he moved under section 6(i) of Right to information act transferred to the office of PIO (RTI), Stn HQ, Jalandhar, PIN-901197 C/O 56 APO but it is pertinent to mention over here that out of eight serial numbers only S.No.1 information was given and rest of the information was declined by PIO (RTI), Stn HQ, Jalandhar, PIN-901197 C/O 56 APO mentioning :-
Para No.2 & 3 not held, Para 4 ECHS Regional Centre Jalandhar is not in possession, Para 5 Convening order No.3300/ECHS/Con/A dated 22nd May 2020 issued by Stn HQ Amritsar. No Certified copy of preliminary enquiry is held with ECHS Regional Centre Jalandhar, Para 6 Information as sought vide this para is not clearly specified, Para 7 This office is not in possession any copy of C Of I. Page 3 of 6 The same has been forwarded to CO, ECHS through proper channel and last Para no. 8 not held.
The submissions given by PIO (RTI), Stn HQ, Jalandhar, PIN- 901197 C/O 56 APO are not tenable because when appellant moved an application dated 18.01.2023 under section 6(i) of right to information act to PIO, Central Orgnization, ECHS, Adjutant General's Branch, Integrated Headquarters, Ministry of Defence (Army) Thimaya Marag, Near Gopi Nath Circle, Delhi Cantt-1100101 then after going through the contents of the said application, application was transferred to the office of PIO (RTI), Stn HQ, Jalandhar, PIN-901197 C/O 56 APO "As since the subject matter of information on quarries of ibid RTI application dated 18.01.2023, pertains to is/more closely related to the functions of your office /office under your jurisdiction and also mentioned that in case the subject matter does not pertain to your office, please transfer the same to appropriate office".
The appellant wants to draw the kind attention of this hon'ble Commission that firstly while supplying the incomplete information PIO (RTD, Stn HQ, Jalandhar, PIN-901197 CIO 56 AFO violated the provisions of Rights to Information Act. Secondly violated the directions contained in letter dated02.O2.2o23 issued to him while transferring the application under section 6(i) of right to information act dated L8.OL.2O23. if the office of PIO (RTI), Stn HQ, Jalandhar, PIN 901197 C/O 56 APO does not have the sought information under application dated 18.01.2023 then with in stipulated time the application dated 18.01.2023 should have transferred to the appropriate office. And if PIO (RTI), Stn HQ, Jalandhar does not have the information which requested by the appellant vide application dated 18.01.2023 then why the PIO (RTI), Str HQ, Jalandhar did not transfer the application of the appellant to the appropriate office. The appellant does not want to elaborate all the facts which has already mentioned in appeal therefore the contents of the appeal may kindly be read as part and parcel of this appeal.
From the above submissions it is crystal clear that how the appellant is being harassed by the concerned authorities by not providing the information which he requested under application dated 18.O1.2O23.
It is therefore prayed that the present appeal may kindly be allowed and necessary directions may kindly by issued to respondent that full, correct and complete information may humbly be supplied to the appellant and the information be now supplied to appellant free of cost, moreover appellant should be fully compensated for not supplying information with in prescribed time limit and disciplinary action may kindly be initiated for not complying with the law against concerned officer in the interest of justice, equity and fair play."
Page 4 of 6Respondent submitted that upon receipt of hearing notice from the Commission a revised reply has been drafted vide letter dated 16.07.2024, a copy of which has been marked to the Appellant, stating as under -
"2. Parawise reply to above cited letter is as under:-
(a) Para 1: Already provided vide Headquarters 91 Sub Area letter Number 2035/1/SG/GS (Edn) dated 16 March 2023.
(b) Para 2 & 3: Not held and originator of letter not specified.
(c) Para 4: Court of Inquiry ordered vide Headquarters 91 Sub Area letter Convening Order Number 3003/6/ECHS/Comp- ASR/A2 (1) dated 06 June 2020 exempted under Sub-section 8(1)(d), 8(1)(g) & 8(1)(j) of Right To Information Act 2005.
(d) Para 5 Not held.
(e) Para 6: Convening order of Court of Inquiry exempted under Sub-section 8(1)(d), 8(1)(g) & 8(1)(j) of Right To Information Act 2005.
(f) Para 7: Convening order and Court of Inquiry exempted under Sub-section 8 (1)(d), 8(1)(g) & 8 (1) (j) of Right To Information Act 2005.
(g) Para 8: Not held."
Respondent added that no where i.e. in the RTI application, First Appeal or Second Appeal the Appellant claimed that he is the owner of Gupta Hospital, therefore, CPIO is unable to establish his locus standi vis-à-vis information sought.
Appellant's representative while reiterating the contents of averred written submission pleaded that information has not been provided by the Respondent except for point No. 1 of RTI Application. He contended that since Appellant is running his own hospital with the title Gupta Hospital, therefore, veil of Section 8(1)(d), 8(1)(g) and 8(1)(j) of the RTI Act as claimed by the CPIO is not applicable.
Decision:
The Commission, after adverting to facts and circumstance of the case, hearing both the parties and perusal of records observes that main premise of the instant Appeal was unsatisfactory response by the Respondent. In response to which, the Respondent referred to the point-wise response given earlier vide his letter dated 16.03.2023 and again on 16.07.2024 as per the provisions of the RTI Act. The Appellant has not approached the CIC with clean hands and has deliberately suppressed his connection with the said hospital against which action has been taken by the Respondent Public Authority.Page 5 of 6
In this regard, the Commission finds no infirmity in the reply furnished by the CPIO earlier and further clarification given through his written submission dated 16.07.2024 which is treated as revised reply, as the same were found to be in consonance with the provisions of the RTI Act.
Commission finds that intervention is not warranted in these matters.
The appeals are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Deputy General Officer Commanding, Headquarters 91 Sub Area, Pin 908691, C/o 56APO Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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