Central Information Commission
Sachin vs Department Of Defence on 1 August, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MODEF/A/2024/610408
Sachin .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Office of the Brig IC ADM and
CDR Troops, Army Hospital
Research and Referral, Dhaula
Kuan, Delhi Cantt, New Delhi - 110010 .... ितवादीगण /Respondent
Date of Hearing : 24.07.2025
Date of Decision : 01.08.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 05.10.2023
CPIO replied on : 06.11.2023
First appeal filed on : 28.11.2023
First Appellate Authority's order : 27.12.2023
2nd Appeal/Complaint dated : 09.03.2024
Information sought:
1. The Appellant filed an RTI application dated 05.10.2023 (offline) seeking the following information:
"(a) Certified copy of my pay bill for the month of March 2011.Page 1 of 12
(b) Please refer my applications on dated, 02 Nov 2022, 05 June 2023, 12 July and 13 July 2023 respectively, in which I had given complaint, through proper channel to Coy Office Civ Section regarding my fraud signature signed on my official documents by Mr Raman Sharma (UDC) of the this unit. Kindly provide me info pertaining to this matter as under:-
(i)Certified copy of internal noting sheet indicating noting by various officials and decision of competent authority against my complaints at para-2(b) above.
(ii) Certified copy of investigation report or feedback obtained with respect to the grievance raised vide my complaints at para-2(b) above.
(iii)Certified copy of letters, orders, directions, instructions, etc issued to concerned authority / subordinate offices as a follow up action based on investigation report or feedback on the basis of my complaints at para- 2(b) above.
(iv) In case no action is taken upon my complaint at para-2(b) above then please inform me the name of the responsible officers and staffs who failed to take necessary action therein.
(v) Certified copy of this unit's rules or SOP or any other relevant documents stipulating the time frame in number of days by which such a complaint must be resolved by the concern office.
(c) Please refer my application dated 15.02.2023 in which I had requested for copy of my service book in duplicate as per authenticity of AHQ letter No. B/72402/GEN/DGMS-3(B) dated 26 Dec 2022. Kindly provide me certified copy of my service book.
(d) Certified copy of Recruitment Rules of CSBO,s under AMC (Army Medical Corps) under which I was appointed in year 2005.
(e) Certified copy of line of promotion for CSBOs in AMC cadre. (i.e. promotion policy of CSBOs under AMC cadre).
(f) Certified copy of hierarchy of pay scales for CSBO,s cadre, exclusively in AMC,
(g) Certified copy of official communications among Army Hospital (R&R), Western Command (Medical Branch) and DGMS-3 (AHQ) pertaining to ACP/MACP/TBP of CSBOs cadre of this hospital, from Nov 2015 to till date.Page 2 of 12
(h) Certified copy of my move sanction for attending All India Civil Services Cricket Tournament 2022-2023 as requested in my application submitted to office of OIC Civ Est AH (R&R) on 02.03.2023.
(i) Certified copy of my ACP/MACP/TBP granted to me if any, till date.
(j) Certified copy of rules under which the ACP/MACP/TBP is being granted.
(k) Certified copy of option form duly signed by the applicant to obtain benefits of ACP/MACP/TBP, if any.
(l) Please refer page No-6 of Daily Part-1, No.- 107/2023 of this hospital dated 11 may 2023 related to "Selection committee of members for welfare of defence civilian employees". Kindly provide me certified copy of letter received to AHRR vide IHQ of MOD (ARMY) AGIS BRMP-4 (civ) vide their letter No. 1635/MP-4 (civ) (c) dated 12 Apr 2021.
(m) Please refer daily part-1 order dated 25 may 2023, in which it was published that "SELECTION COMMITTEE OF MEMBERS FOR WELFARE OF DEFENCE CIVILIAN EMPLOYEES, this hospital part I order no.
107/07/2023 dated 11 may 2023 on the above subject may please be treated as cancelled. Kindly provide me certified copy of the rule position on the basis of which the above part-I order dated 11 may 2023 on the subject mentioned above was cancelled on 25 may 2023 through daily part-1 order No. 119/2023 dated 25 may 2023 page No. 4.
(n) In case there is no such rule exists as requested in para 2(m) above, kindly provide me a relevant document showing stipulating time frame for conducting election once again as per the instructions given in IHQ of MOD (ARMY) AGIS BRMP-4 (civ) vide their letter No. 1635/MP-4 (civ) (c) dt 12 Apr 2021.
(o) Please refer my application dated 08.04.2021 submitted through proper channel in coy office civ section which again reminded on 09.06.2023, in which I had requested to implement the order of Hon'ble C.A.T (P.B) New Delhi in OA No. 3204/2011 Filed by Shri Madhu Sudan & 35 others vs UOI & Others in General to CSBOs cadre of AMC. Kindly provide me copy of action taken therein as under:-
Page 3 of 12(i) Certified copy of internal noting sheet indicating noting by various officials and decision of competent authority against my application at para-2(o) above.
(ii) Certified copy of investigation report or feedback obtained with respect to the grievance raised vide my application at para-2(o) above.
(iii) Certified copy of letters, orders, directions, instructions, etc issued to concerned authority / subordinate offices as a follow up action based on investigation report or feedback on the basis of my application at para- 2(o) above.
(iv) In case no action is taken upon my application at para-2(0) above then please inform me the name of the responsible officers and staffs who failed to take necessary action therein.
(v) Certified copy of this hospital rules or SOP or any other relevant documents stipulating the time frame in number of days by which such an application should have been dealt with and resolved by the concern office.
(p) Please refer my application dated and submitted through proper channel to coy office civ section of this hospital on 15.05.2021 and 13.06.2023 respectively, in which I had requested for providing hospital patient care allowance to C.S.B.O trade of Army Hospital (R&R) under the guidelines of Min of Health and family welfare, Govt. of India. Kindly provide me copy of action taken therein as under:-
(i) Certified copy of internal noting sheet indicating noting by various officials and decision of competent authority against my application at para-2(p) above.
(ii) Certified copy of investigation report or feedback obtained with respect to the grievance raised vide my application at para-2(p) above.
(iii) Certified copy of letters, orders, directions, instructions, etc issued to concerned authority / subordinate offices as a follow up action based on investigation report or feedback on the basis of my application at para- 2(p) above.
(iv) In case no action is taken upon my application at para-2(p) above then please inform me the name of the responsible officers and staffs who failed to take necessary action therein.
(v) Certified copy of this hospital rules or SOP or any other relevant documents stipulating the time frame in number of days by which such an application should have been dealt with and resolved by the concern office.Page 4 of 12
(q) Please refer Letter no. B/72402/Mov/DGMS-3B dated 27 Aug 2021, Integrated HQ of MOD (ARMY) Adjutant General's Branch, Dte Gen of Medical Services (Army), 'L' Block, New Delhi-110001. In which it is directed to AH (R&R) to clarify/investigate that the TA/DA claim of CSBO Sachin was initially forwarded to AAO in Dec 2020 i.e after the lapse of nearly one and half year from the date of submission of TA/DA claim.
This aspect need to be clarified /investigated such delay cannot be attributed to individual.
(i) Kindly provide me the clarification/investigation report of the letter at para-2(q) above.
(ii) Certified copy of investigation report or feedback obtained with respect to the grievance raised vide my complaints at para-2(q) above.
(r) Kindly provide me certified copies of my APAR (Annual performance appraisal report) of last five years pls."
2. The CPIO furnished a point-wise reply to the Appellant on 06.11.2023 stating as under:
"(a) Para 2(a). The copy of your Pay bill for the month of March 2011 is not held with this hospital under the provision 'Part-I (a) (Sr 26) of 'Record Retention Schedule' as promulgated by Dept of Administrative Reforms & Public Grievances of Govt of India. Photocopy of subject document is enclosed herewith for your reference.
(b) Para 2(b) (1) Para 2 b(i) to (iii). Copy of internal noting sheet, Inv report or feedback, letters/orders/directions/instructions issued to concerned authority/subordinate are not available hence cannot be supplied. These were not initiated as cognizance on your applications were taken by administrative authorities and subsequent to that the concerned person was counseled as mentioned in this hospital letter number 2020/Civ/Comp/Sachin (CSBO)/2023 dated 01 Apr 2023.
(ii) Para 2 b(iv). Information has already furnished to you vide this hospital letter number 2020/Civ/Comp/Sachin (CSBO)/2023 dated 01 Apr 2023. Photocopy of letter dated 01 Apr 2023 is enclosed herewith for your reference.
(iii) Para 2 b(v). Information not available hence cannot be provided.
(c) Para 2(c) The second copy of the service book is under process as your original service book has been forwarded to Olo Controller of Defence Account (Army) for pay fixation.Page 5 of 12
(d) Para 2(d) to 2(f). Your application has been forwarded to CPIO,DGMS (Army) vide this hospital letter number 2502/Legal Cell/RTI/856/2023 dated 02 Nov 2023 with copy to you as the informations sought by you under para 2(d) to 2(f) of your application are pertaining to them.
(e) Para 2(g). It is intimated that files/official records/communications/letters related with ACP/MACP/TBP are voluminous in nature hence you may visit to the office of Officer-in-
Charge, Civil Establishment of this hospital during working hours on any day except Sunday and holidays for perusal of documents by informing Civil Establishment office in advance. You will be required to pay fee for any printout of document under Sec 7 (5) of RTI Act-2005. The amount will be intimated to you by OIC, Civil Establishment on finalization of total number of printouts as decided by you.
(f) Para 2(h). A copy of Headquarters Western Command (Medical) Signal number 52811/19/M-3B/20 dated 20 Jul 2023 pertaining to your move sanction is forwarded herewith.
(g) Para 2(i) to 2(k). Reply as given in para 2(e) above is repeated here in response to information sought vide para 2(i) to 2(k) of your application under reference.
(h) Para 2(l). Your application has been forwarded to CPIO, ADG MP/MP- 4(Civ) vide this hospital letter number 2502/Legal Cell/RTI/856/2023 dated 02 Nov 2023 with copy to you as the information sought by you under para 2(1) of your application is pertaining to them.
(j) Para 2(m). It is intimated that due to exigencies of services the Part -1 order was cancelled and same was re-published vide this hospital Part-I Order No 245/2023 dated 25 Oct 2023. No rule position is available in this hospital as the Part-I order can be amend/changed by Administrative authority any time as per requirement of the hospital.
(k) Para 2(n). Selection Committee for members for welfare of Defence Civilian Employees has been published vide this hospital Part-I order number 245/2023 dated 25 Oct 2023 and photocopy of the same is forwarded herewith.
(l) Para 2(o).
Page 6 of 12Para 2 o (i) to (iii). Copy of internal noting sheet, Inv report or feedback, letters/orders/directions/instructions issued to authority/subordinate are not available hence cannot be supplied. Concerned
(ii) Para 2 o(iv). Action was not taken as implementation order of the Hon'ble CAT (PB), New Delhi in OA 3204/2011 titled Shri Madhu Sudan & Ors Vs UOI & Ors, as conveyed vide Ministry of Defence Note number 3(5)/2020-D(AF) dated 03 Mar 2021, was not found specifically applicable in your case. Photocopy of Ministry of Defence Note dated 03 Mar 2021 is enclosed herewith for your reference.
(iii) Para 2 o(v). Information not available hence cannot be provided.
(m) Para 2(p).
(i) Para 2 p (i) to (iii). Copy of internal noting sheet, Inv report or feedback, letters/orders/directions/instructions issued to authority/subordinate are not available hence cannot be supplied. concerned
(ii) Para 2 p(iv). It is intimated that Headquarters Western Command (Med) vide their letter number 52811/9/MACP/M-3B (22) dated 20 Jul 2023, addressed to O/o DGMS (Army)/DGMS-3B with copy to this hospital, has clarified that in pursuance to IHQ of MoD (Army)/DGMS-3B letter number B/32152/HPCA/PCA/DGMS-3B dated 01 Apr 2023, the post of Civilian Switch Board Operator (CSBO) is not found eligible for grant of HPCA/PCA in respect of Defence Civilian employees in Military Hospitals/Medical Establishments of Army Medical Corps (AMC). Photocopy of Headquarters Western Command (Med) letter dated 20 Jul 2023 is enclosed herewith for your reference.
(iii) Para 2 p(v). Information not available hence cannot be provided.
(n) Para 2(q).
(i) Para 2 q (i). It is intimated that your TA/DA claim for Rs 20,646.00 (Rupees Twenty thousand six hundred forty six only) has been reimbursed to you and the same has also been credited in your account in Dec 2022 as intimated vide Civil Establishment ION number 2020/Civ/Coy/P&A/2022 dated 17 Dec 2022. The matter pertaining to delay in forwarding of your claim was investigated and it was found that the said delay was due to procedural lapse, Notwithstanding that the concerned staff has been counseled to remain careful in future.
Page 7 of 12Photocopy of Civil Establishment ION dated 17 Dec 2022 is enclosed herewith for your reference.
(ii) Para 2 q(ii). Informal investigation was carried out hence copy of investigation report is not available hence same cannot be provided.
(o) Para 2(r). Your application has been forwarded to CPIO, Headquarters Western Command (Medical) vide this hospital letter number 2502/Legal Cell/RTI/856/2023 dated 02 Nov 2023 with copy to you as the information sought by you under para 2(r) of your application is pertaining to them."
3. Being dissatisfied, the appellant filed a First Appeal dated 28.11.2023. The FAA vide its order dated 27.12.2023, upheld the reply of 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: Present in person.
Respondent: Shri S K Gautam, O/C Legal Cell present in person.
5. Written submissions of the Respondent are taken on record.
6. The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that till date complete and correct information has not been provided to him by the Respondent. He submitted that certified copy of documents was not provided to him on point No. 2(b)(iii) of the RTI application.
7. With respect to point No. 2(a) of the RTI application, the Appellant, during the hearing, referred to Rule 284 of Record Retention Schedule tilted as 'Destruction of Records connected with Accounts' which says that the records relate to financial documents and accounts can be weeded out only after a period of 20 years.
8. The Respondent while defending their case inter alia submitted that complete point-wise reply/information, as per the documents available Page 8 of 12 on their record has been provided to the Appellant. During the hearing, the Respondent referred to Part-A of their Record Retention Schedule which says that the records are weeded out after a period of one year, which the Appellant has already challenged.
9. During the hearing, the Bench perused the record retention schedule available with both the parties, which is the same. The Bench has come to the conclusion that the record sought by the Appellant falls squarely under the category of records which cannot be destroyed before 20 years.
Decision:
10. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant is aggrieved that complete and correct information has not been provided to him by the Respondent. On the other hand, the Respondent contended that point-wise reply/information, as per the documents available on their record has been provided to the Appellant.
11. With respect to certified copies not given, the Commission refers to the DoP&T in its OM No. 10/1/2013-IR dated 06.10.2015 which states as under:
"2. In addition, wherever the applicant has requested for 'certified copies' of the documents or records, the CPIO should endorse on the document "True copy of the document/record supplied under RTI Act", sign the document with date, above a seal containing name of the officer, CPIO and name of public authority."
12. The Hon'ble Kerala High Court in John Numpeli v. The PIO in W.P. (C) No. 31947 of 2012 (P) dated 31.01.2017 has held as under:
"I also find no merit or force in the contention of the respondents that grant of certified copies may give authenticity to the documents which may not be genuine or even fabricated. In the event of an applicant's request for information being granted all that the Public Information Officer would have to do is to certify that the copy is one issued under Page 9 of 12 the Right to Information Act, 2005. He is not called upon to certify that it is a copy of a genuine document. I therefore, find no reason why the first relief prayed for by the petitioner cannot be granted.
I accordingly allow the writ petition and direct the first respondent to issue a fresh set of documents sought for in Ext.P1 application other than the No Objection Certificate issued by the Fire and Rescue Services Department on the petitioner paying the requisite fees and to certify the copies as copies issued under the Right to Information Act, 2005. The needful in the matter shall be done and copies of documents issued within one month from the date of receipt of a copy of this judgment."
13. In view of the above, the Commission directs the Respondent to give to the Appellant certified copy of documents on point No. 2(b)(iii) of the RTI application, which was already supplied to the Appellant in response to his RTI application, within a period of two weeks from the date of receipt of this order.
14. With respect to point No. 2(a) of the RTI application, the Respondent Public Authority is directed to again make a thorough search of their records in the concerned Section/Division i.e. Finance & Accounts through its In-Charge and provide information to the Appellant. If the information sought pertains to some other PIO, then the Respondent is directed to take assistance under Section 5(4) of the RTI Act to collect information, from the concerned PIO (who becomes deemed PIO liable for action under the RTI Act), as sought on point No. 2(a) of the RTI application and provide reply/information to the Appellant. While invoking Section 5(4) of the RTI Act, the Appellant is kept informed by endorsing a copy to him. If the information sought is not available due to it having been weeded out, then the concerned deemed PIO/Respondent is directed to provide a CTC of certificate of actual destruction of records signed by the Competent Officer at the time of destruction. The Respondent will also file an affidavit with the Commission with a copy of it duly endorsed to the Appellant, free of cost deposing categorically that the information sought by the Appellant on point No. 2(a) of the RTI application is not available in their records and has been weeded out as per their record retention policy and should Page 10 of 12 also mention the efforts made by them in searching the records. The said affidavit should reach the Commission and to the Appellant within six weeks from the date of receipt of this order.
15. The Commission further observes that the information sought by the Appellant on point No. 2(d) of the RTI application related to copy of Recruitment Rules, etc. must be available in public domain as per Section 4(1)(b) of the RTI Act. But it appears that the Respondent Public Authority has not made compliance of Section 4(1)(b) of the RTI Act. The Commission further observes that the Respondent w.r.t point Nos. 2(c),
(d) to (f) and (h) neither transferred the RTI application on said points under Section 6(3) of the RTI Act nor sought assistance under Section 5(4) of the RTI Act to directly provide information to the Appellant. The PIO on these points had merely stated that it has been forwarded to the CPIO, DGMS, which is not tenable under the RTI Act.
16. In view of the above observations and in the interest of justice, the Respondent is directed to facilitate an opportunity of inspection of records to the Appellant or his authorized representative of the available and relevant records on points Nos. 2(c), (d) to (f) and (h) on a mutually decided date & time within a period of six weeks. If the information sought pertains to some other PIO/department, then the Respondent is directed to take assistance under Section 5(4) of the RTI Act to collect information, from the concerned PIO/department, as sought on points mentioned above and collect files/data/documents from the said concerned PIO. Before giving a date to the Appellant, the Respondent should supply him a list of files connected with the query in the RTI application giving File Nos., Subject of the file, and total number of pages of correspondence in each file. Further, the PIO is directed to arrange all relevant files/records (as per RTI application) at one place before calling the Appellant for inspection. The intimation of the date and time of the inspection shall be provided to the Appellant by the CPIO telephonically and in writing. In the process of facilitating the inspection and providing subsequent copies of the record, the PIO is at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 of the RTI Act read with Section 10 of the RTI Act.
Page 11 of 1217. Copy of documents that the Appellant or his authorized representative desires during the inspection shall be provided by the CPIO on payment of charges as per RTI Rules. The above directions shall be complied with by the PIO within six weeks from the date of receipt of this order.
18. The FAA is directed to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Office of the Commandant, Office of the Brig IC ADM and CDR Troops, Army Hospital Research and Referral, Dhaula Kuan, Delhi Cantt, New Delhi - 110010 Page 12 of 12 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)