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Central Information Commission

Mahesh Kumar vs Indian Army 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/IARMY/A/2020/115126
In the matter of:
Mahesh Kumar
                                                               ... Appellant
                                      VS
CPIO
RTI Cell, Addl DG MT (AE), G-6, D-1 Wing,
Sena Bhawan, Gate No-4, IHQ of Ministry of Defence
New Delhi- 110011
                                                               ... Respondent

RTI application filed on : 13/01/2020 CPIO replied on : 10/02/2020 First appeal filed on : 21/02/2020 First Appellate Authority order : 19/03/2020 Second Appeal Filed on : 21/05/2020 Date of Hearing : 17/11/2021 Date of Decision : 17/11/2021 The following were present:

Appellant: Present over phone Respondent: Lt Col Neelesh Ingle , CPIO- present over phone Information Sought:

The Appellant has sought the following information regarding Tech Trade Test Class X-II Index No 04 held from 26/09/2019 to 28/09/19 in r/o the appellant:

1. Provide revised marks after re-evaluation and re-count of his work script.

2. Provide a copy of the evaluated answer sheet TTT Class X-II Index No. 04 of HQ Central Comd.

3. Provide DS-solution of above stated question paper.

Grounds for Second Appeal The CPIO did not provide the satisfactory information. Submissions made by Appellant and Respondent during Hearing:

The appellant in second appeal has indicated that he is not satisfied with the reply given as his work script was not re-evaluated. Further, the DS- solution of the question paper was denied by quoting Sec 8(1)( d), informing that this is the intellectual property of the organization. During the hearing, he stated that there has been an anamoly in his case which has to be sorted out.

The CPIO reiterated the written submissions dated 21.10.2021 informing the Commission that all the information on all the points has already been given to the appellant. The CPIO informed that retotalling was carried out ,and the appellant was suitably informed.

Observations:

From a perusal of the reply given, it is clear that it is point wise and as per the provisions of the RTI Act. No further information is available with the respondent authority and the reply of the CPIO is upheld as what the appellant is seeking cannot be provided, being duly exempt under the provisions of the RTI Act.

Decision:

In view of the above, no further action is warranted.

The appeal 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 2