Central Information Commission
Kamal Chandra Tiwari vs Ministry Of Defence on 7 April, 2017
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus,New Delhi-110067
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Email - [email protected]
File No. CIC/VS/A/2015/002835/SD
Date of Decision : 05/04/2017
Relevant facts emerging from the Appeal:
Appellant : Kamal Chandra Tiwari
104 - A, Kumar Pratik Anandnagar
Suncity Road
Near Corporation fire Station
Off Singhgad Road
Pune - 411051
Respondent : CPIO
Indian Military Academy
Dehradun (UK) - 248007
RTI application filed on : 18/04/2015
PIO replied on : 24/06/2015
First appeal filed on : 25/07/2015
First Appellate Authority : No order
order
Second Appeal dated : 01/09/2015
INFORMATION COMMISSIONER : SHRI DIVYA PRAKASH SINHA
Information sought:
The Appellant sought information regarding appointment & continuation of Ad hoc lecturer at NDA, Khadakwasla, Pune and Indian Military Academy, Dehradun between 1997 till 2006.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through VC.1
Respondent: Col. Manvendra Mehta, DQ (Civil Management) & CPIO, Indian Military Academy, Dehradun present through VC.
Appellant stated that he is not satisfied with the reply of the CPIO informing him that the information sought vide query nos. 2, 3 and 4 of the RTI Application is not held by him.
CPIO submitted that the RTI Application was received upon transfer from MP Branch of RTI Cell, Army HQ. He further submitted that information sought vide query nos. 2, 3 and 4 of the RTI Application pertained to correspondence(s) between MoD and Sunil Bhaskaran who was employed in IMA, Dehradun as Ad-Hoc Asstt. Professor till 2016 and since copies of the same were not marked to IMA, Dehradun, they had no information available and Appellant was accordingly informed. CPIO furthermore submitted that subsequently, the RTI Application was transferred back to MP Branch in July 2016 and even the First Appellate Authority transferred the First Appeal in August 2016.
Decision Commission observes that transfer of RTI Application as claimed by the CPIO to MP Branch cannot be correlated from the facts available on record as the CPIO reply therein is dated 24.6.2015 while RTI Application is said to have been transferred back only in July 2016. It further appears that the concerned CPIO of MoD transferred the RTI Application (which was filed online) to another other public authority without any application of mind as the information sought clearly pertains to various letter nos. of MoD itself.
In view of the unclear factual position of the multiple transfers of the RTI Application and the fact that there has been inordinate delay in dealing with the RTI Application, Commission directs the present CPIO to procure the information sought vide query nos. 2, 3 and 4 of the RTI Application from the appropriate holder of the information. In doing so, CPIO shall also serve a copy of this order to the concerned holder of information for its timely compliance.
Commission's direction should be complied within 45 days of receipt of this order.2
File No. CIC/VS/A/2015/002835/SD The Appeal is disposed of accordingly.
(Divya Prakash Sinha) Information Commissioner Authenticated true copy (H P Sen) Dy. Registrar/Designated Officer 3