Central Information Commission
Vishal Kumar Srivastava vs Ordnance Factory Board on 18 November, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
File no.: - CIC/OFBKO/C/2020/669382
In the matter of:
Vishal Kumar Srivastava
... Complainant
VS
CPIO
Indian Ordnance Factories,
Ordnance Factory Project Korwa,
Dist - Amethi - 227412.
... Respondent
RTI application filed on : 07/03/2020 CPIO replied on : 18/04/2020 First appeal filed on : 08/04/2020
First Appellate Authority order : Not on record Complaint Filed on : 30/04/2020 Date of Hearing : 17/11/2021 Date of Decision : 17/11/2021 The following were present:
Complainant: Present over phone Respondent: Sh. Mohit Yadav, AWM & APIO, OFB Korwa, present over phone Information Sought:
The Complainant has sought the following information:
1. Provide a copy of file noting done at OFB for issue of letter no. CMTR-
60/Admin/PER/GB/2020 dated 02.03.2020, for transferring the appellant from Ordnance Factory Project, Korwa to Cordite Factory, Aruvankadu.
2. Provide copies of the correspondence done by Ordnance Factory Project Korwa with regard to the said transfer of the appellant.
13. Provide a copy of the latest transfer policy for deployment of Group B Non Gazetted Officer (Chargeman (Tech) /Chargeman (Non-Tech) of Ordnance Factories Organisation.
4. And other related information.
Grounds for Complaint The CPIO did not provide the desired information. Submissions made by Complainant and Respondent during Hearing:
The complainant submitted that the CPIO Kolkata deliberately transferred the RTI application to CPIO Korwa. He pressed for information from CPIO Kolkata. The CPIO Kolkata vide written submissions dated 12.11.2021 submitted that the complainant was given point-wise information on 13.05.2020 enclosing 8 pages of documents . Further, the FAA vide order dated 01.07.2020 disposed of the first appeal and upheld the CPIO's reply. He also explained that the delay was due to the first wave of Corona virus and lockdown period.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 13.05.2020 provided a point-wise reply to the complainant. In respect of points no. 1 & 2 information sought was denied u/s 8(1)(j) of the RTI Act. In respect of point no. 3 a reply was given and also for points no. 4 & 5 available information was given. In respect of point no. 6 information sought was claimed to be not available.
The Commission observed that the CPIO OFB Korwa had replied vide letter dated 18.04.2020 and informed that no information is available with them in respect of points no. 1,2 and 6 of the RTI application. However, the CPIO OFB Kolkata grossly erred in claiming exemption u/s 8(1)(j) of the RTI Act in respect of points no. 1 & 2 when the complainant had asked for information about himself.
The CPIO Kolkata should provide a revised reply on points no. 1 & 2 of the RTI application to the applicant. As he is not present, the APIO Korwa shall take assistance u/s 5(4) of the RTI Act and provide a revised reply on points no. 1 & 2 of the RTI application.
2Decision:
Based on the relief sought, the present complaint is converted into an appeal u/s 19 of the RTI Act. The APIO Korwa shall send a revised reply as discussed above to the applicant within 7 days from the date of receipt of this order.
The case is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3