Central Information Commission
Sudhir Kumar vs Advanced Weapons And Equipment India ... on 25 February, 2026
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/AWEIL/A/2025/620857
Sudhir Kumar ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO: Small Arms Factory,
Kanpur ...प्रनतवािीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 11.01.2025 FA : 17.02.2025 SA : 07.05.2025
CPIO : 11.02.2025 FAO : 04.03.2025 Hearing : 20.01.2026
Date of Decision: 24.02.2026
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 11.01.2025 seeking information on the following points:
"Sub :- Request seeking information under RTI Act 2005 in Larger Re-Employed Ex-Servicemen interest. Ref:- (i) My RTI No. OFBKO/R/E/24/00255 dtd.13/06/2024 To The PIO Small Arms Factory, Kanpur and reply dated 23/07/2024. (ii) My RTI Appeal to Ist Appellate Authority to Shri Lokesh Bajpai (GM) Small Arms Factory, Kanpur and reply dated 16/08/2024. (iii) My RTI No. OFBKO/R/E/24/00319 dtd.23/07/2024 to The PIO DDG Field Unit, Kanpur and reply dated 21/08/2024 & dated 04/09/2024. (iv) My Appeal to I st Appellate CIC/AWEIL/A/2025/620857 Page 1 of 12 Authority (Shri Sanjay Kumar Singh) DDGField Unit, Kanpur dated 10/09/2024 and reply dated 03/10/2024.
I Sudhir Kumar retired from Indian Navy on 30/06/2003 and Re-employed in Field Gun Factory Kanpur as a Fitter (Gen.) on 01/05/2013 under the ExServicemen Quota. (Retired prior to 1.1.2006 and Re-Employed after 1.1.2006). Shri Jai Chandra medical Asst. P. No. 702569 is also retired from Indian Navy in the year 2005 and Re-employed in Small Arms factory, Kanpur on 18/06/2007 as a Medical Asst. under the Ex-Servicemen Quota.(Retired prior to 1.1.2006 and Re- Employed after 1.1.2006). I want to make a kind attention towards the above that "The Retirement and Re-employment process is same in both the cases. Both are retired prior to 1.1.2006 and Re-employed after 1.1.2006.
....
➢ Ref:- (i) My RTI No. OFBKO/R/E/24/00255 dtd.13/06/2024 To The PIO Small Arms Factory, Kanpur and reply dated 23/07/2024.
(ii) My RTI Appeal to Ist Appellate Authority to Shri Lokesh Bajpai (GM) Small Arms Factory, Kanpur and reply dated 16/08/2024.
(iii) My RTI No. OFBKO/R/E/24/00319 dtd.23/07/2024 to The PIO DDG Field Unit, Kanpur and reply dated 21/08/2024 & dated 04/09/2024.
(iv) My Appeal to Ist Appellate Authority (Shri Sanjay Kumar Singh) DDG Field Unit, Kanpur dated 10/09/2024 and reply dated 03/10/2024. I Sudhir Kumar retired from Indian Navy on 30/06/2003 and Re-employed in Field Gun Factory Kanpur as a Fitter (Gen.) on 01/05/2013 under the ExServicemen Quota. (Retired prior to 1.1.2006 and Re-Employed after 1.1.2006). Shri Jai Chandra medical Asst. P. No. 702569 is also retired from Indian Navy in the year 2005 and Re-employed in Small Arms factory, Kanpur on 18/06/2007 as a Medical Asst. under the Ex-Servicemen Quota.(Retired prior to 1.1.2006 and Re-
CIC/AWEIL/A/2025/620857 Page 2 of 12Employed after 1.1.2006).
I want to make a kind attention towards the above that "The Retirement and Re- employment process is same in both the cases. Both are retired prior to 1.1.2006 and Re-employed after 1.1.2006."
Earlier the Field Gun Factory, Kanpur and Small Arms Factory, Kanpur was the Sub Unit of Ordnance Factory Board and directly governed by OFB itself. Now all the 41 Numbers of the Ordnance Factories are Sub Unit of OFB Kolkata but Governed by the Different Field Units.
The Field unit Kanpur Governs the Field Gun Factory Kanpur, Small Arms Factory Kanpur, Ordnance Factory Kanpur and other's. I want to make a kind attention towards the Field Gun Factory, Kanpur and Small Arms Factory, Kanpur both the Factories are governed by the Field Unit Kanpur and working under the directive of Field Unit Kanpur and DOO (C&S).
Shri Jai Chandra medical Asst. P. No. 702569 presently posted in FHC, Kanpur which also works under the directive of Field Unit Kanpur and centrally governed by OFB. It is pertinent to note that the FHC, Kanpur, Small Arms Factory, Kanpur, Ordnance Factory, Kanpur, Field Gun Factory, Kanpur also governed by the Field Unit Kanpur and DOO (C&S)......
1. Whether Field Gun Factory, Kanpur being a subordinate Unit of Ordnance Factory Board, Kolkata under Min. of Defence is justified in overruling Principles and Provisions contained in Civil Service Regulations and other Statutory Provisions of FR/SR by way of issuing cancelling Notice consisting of misinterpretations. Please clarify.
2. Whether the Respondents justified in re-fixing the pay of the applicants (Reemployed Ex-servicemen) after a period of 06 years of appointment vide Govt. of India Pay Fixation Rules, Articles of Civil Service Regulations, Fundamental CIC/AWEIL/A/2025/620857 Page 3 of 12 Rules and Statutory Provisions. Please Clarify.
3. Whether, when there are clear provisions in Article 510 & 526 of Civil Service Regulations as well as Fundamental Rules 22(i)(a)(2) that the pay of exservicemen will be fixed at the stage which is not less than the last pay drawn by him in previous service, whether the Respondents justified in overlooking the same. Please clarify.
4. Whether the instruction issued by the Director General of OFB in the year 2010 can be reverted after a long time passed of 09 years. Which is giving the adverse effect to the Ex-Servicemen and their family who spent their golden time of life to serve the nation. "After a long time passed around 09 Yrs. this type of clarification/issuance of the letter is harmful and irreparable loss or injury and financial hardship to the all Re-employed Ex-servicemen & his dependents which leads all the Ex-servicemen working under depression at work place may cause of an accident or loss of life. Please clarify.
5. Whether the FR-22 and FR-27 can be overruled by the Joint GM (Admin) and the General Manager of Field Gun Factory, Kanpur at their own will and wish. Whereas FR's governed by the President of India, even no amendment can be made on FR's without the approval of the President of India. Please clarify...
6. By viewing of the above Para whether the discrepancy made by the officials of Field Gun Factory and issuing a letter for recovery to the Group 'C' employee are punishable under the Law and the huge amount to be recovered from the officials, not from Group C & D employee. Please clarify.
7. Whether the cancellation of the initially fixed pay on 31/07/2019 and refixed to minimum of an Ex-Serviceman Group C employee and putting himself and his family in panic who joined the Field Gun Factory under the Ex-Servicemen quota and drawing the pay with initially fixed pay since 01/05/2013 is correct under the CIC/AWEIL/A/2025/620857 Page 4 of 12 eye of Law. Please clarify
8. Whether the Field Gun Factory officials are free to overrule the FR-27 and the Hon'ble High Court Tripura order in the case of Sri Khokan Debnath vs The State Of Tripura on 31 August, 2017 in WP(c ) 76 of 2017 and the Hon'ble High Court of Himachal Pradesh Shimla order dtd.07/11/2012 in the case of Rattan Chand in CWP NO. 8975 OF 2011 at their own will and wish. Please clarify.
9. Whether the Field Gun Factory Officials are free to overrule the Hon'ble Supreme Court Order dtd.18/12/2014 in the case of Rafiq Masih Civil Appeal No.11527 of 2014 and DOP&T OM dtd. 02/03/2016 and DOP&T OM 03/10/2022 while raising the recovery from a Group c employee. Please clarify.
10.Whether the OFB instruction No.70/2010/(PCC) Letter No.01/6thCPC/2010/ PCC/A/A dtd. 08/06/2010 with Reference of DOP&T OM No. 3/19/2009- Estt.(Pay II)dtd.05/04/2010 and MOD ID. No. 2(3)/2009 D (CIV-I) dtd. 12/05/2010 earlier to 2019 are fake or false and the value of words of the OFB instruction letter issued prior to 2019 and Word value of OFB Director General in this Regards since 2010 to 2019. Please clarify.
11.Whether the OFB or Field Gun Factory officials can clarify that we are working under the directive of OFB (ministry of Defence) or Railway Board (Ministry of Railway). As the DOP&T given clarification to the Railway Board which is being applied in the case of re-employed Ex-Servicemen initial Pay fixation those who are working under the directive of OFB. Please clarify.
12.Whether the OFB and Field Gun Factory, Kanpur is granting the equal benefits to the re-employed Ex-Servicemen working under the directive of OFB as good as Railway, like railway passes, Bonus and other benefits. Please clarify.
13.Whether the PCA(FYS) Kolkata approval letters in some of that are down below and many more letters issued by PCA(FYS),Kolkata prior to 2019 are false or CIC/AWEIL/A/2025/620857 Page 5 of 12 fake. Please clarify.
.....
26. Whether the Field Gun Factory Officials are free to overrule the OFB instruction no.3487/Per/Policy vide letter no.1240/MISC/per/Policy dated 17/10/2016 issued to the Sr. General Manager(s)/General Manager(s)/Head of unit(s) of all Ordnances Factories/units subjected circulation of Government Order regarding recovery of wrongful & excess payments made to the Government Servants- Regarding with reference of OFB Instruction No.3483/Per/Policy circulated vide letter no. 1240/MISC/Per/Policy dated 05/09/2016 which was issued under the directive of Director General Ordnance Factories and signed by Dr.(Smt.) Vani A.Singh, Director/Admin, for Director General Ordnance Factories. More over which was copied to-1. All Members/OFB, 2. The Secretary/OFB, 3. PPS to DGOF & Chairman/OFB, 4. The PCFA(FYS) Kolkata, 5. Principal Director of Audit Kolkata, 6. All JCM(OFB) staff side Members. Or unknown to this letter or deliberately issued the recovery letter with the anti Ex-Servicemen mentality to a Group 'C' Re-employed Ex-Servicemen to harsh him Mentally, Financially, and socially and more over overruled the Supreme Court Order, Government Order and OFB Order also. Which leads to created litigation against the Government Of India. In these circumstances the involved Field Gun Factory Officials are punishable under the Law. Please clarify.
27. When my initial pay fixation was wrongly objected by local test Audit team and issued Memo in this regards. While replying the memo the Field Gun Factory officials deliberately never coded about the clarification sought from PCA (FYS) Kolkata. Please clarify for not coding about the PCA (FYS) clarification.
28. The OFB instruction No.70/2010/(PCC) vide Letter No.01/6thCPC/2010/PCC/A/A dated 08/06/2010 with Reference of DOP&T OM No. 3/19/2009-Estt.(Pay II) CIC/AWEIL/A/2025/620857 Page 6 of 12 dated 05/04/2010 and MOD ID. No. 2(3)/2009D (CIV-I) dated 12/05/2010 was issued in the year 2010. Since the year 2010 to 2019 NO ONE Respectable Director of Ordnance Factories are able to understand the meaning of Para 3(v) of DOP&T OM dated 05/04/2010 will be analogical to Para 8(iii) of upcoming DOP&T OM 3/3/2016-Estt.(Pay-II) dated 01/05/2017 and will be effective for those Re-Employed Ex-Servicemen who all are Re-Employed after 01/01/2006 till 29/03/2019. Please clarify
29. The applicant request that a soft copy of the response please be furnished vide email to [email protected] in the interest of Expediency.
30. please reply at the earliest within the prescribed time."
2. The CPIO replied vide letter dated 11.02.2025 (appears to be in response to another RTI application) and the same is reproduced as under :-
"Your above application was received at Small Arms Factory, Kanpur on 24/01/2025 from CPIO/DoO(C&S), Kolkata and has been allotted a number SAF/RTI/04-2025 under the RTI Act- 2005.
2. The desired information sought vide your RTI application under ref above has already been provided to you vide CPIO/SAF letter No. SAF/RTI/23-2024 dated 08/07/2024 with respect to your RTI application No. OFBKO/R/E/24/00255 dated 13/06/2024 addressed to PIO/SAF. A copy of the same is attached (02 pages).
3. Above information is given for disposal of your application. If you are not satisfied with the above reply, you may prefer an appeal to Shri Lokesh Bajpai, General Manager, First Appellate Authority, Small Arms Factory, Kapil Road, Kanpur within 30 days after receipt of this letter."
The aforementioned reply refers to an earlier communication dated 08.07.2024, and the contents thereof are reproduced as under:
CIC/AWEIL/A/2025/620857 Page 7 of 12"1. Shri Jai Chandra, Medical Assistant has been transferred to OFC Hospital under DoO (C & S), Kolkata vide FO Part-2 No. 189 dated 18.10.2021. The service book of the employee after audit has been forwarded to DoO (C&S), Kolkata. Hence, information sought is not available.
2. Refer point no. 1
3. Refer point no. 1
4. Refer point no. 1
5. Information sought is available in 18 pages. If you wish to get the same, you may send an IPO of Rs. 36 at the rate of Rs. 2 per page in favour of Executive Director, Small Arms Factory, Kanpur."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.02.2025 alleging that the information provided was incomplete, false and misleading. The FAA passed an order dated 04.03.2025, and the contents thereof are extracted below:
"l. The appellant has submitted an appeal dated l7-02-2025 with reference to RTI application dated 08-01-2025.
2. It is seen from the documents on record that the required information falls within the purview of the concerned unit i.e. SAF, Kanpur and therefore the RTI application of Shri Sudhir Kumar dt. 08-01- 2025 was transferred by CPIO/DoO(C&S) to PIO/SAF. Kanpur under section6(3) of the RTI Act vide this office letter No. 24250857lCnrc/RTI dt.15/17-01-2025. CPIO also intimated to communicate directly to the concerned unit.
3. Even though CPIO's action is proper in the instant case, CPIO is directed to forward the appeal to the FAA,/SAF, Kanpur for necessary compliance.
4. With the above observation this appeal is disposed of."CIC/AWEIL/A/2025/620857 Page 8 of 12
4. Aggrieved with the same, the Appellant approached the Commission with the instant Second Appeal dated 07.05.2025.
Hearing Proceedings & Decision:
5. The appellant and on behalf of the respondent Priyanka, CPIO & Deputy General Manager, attended the hearing through video conference.
6. The appellant inter alia submitted that the respondent had not provided the requisite information, although the same was indicative of circulars, guidelines and notings relating to functioning of OFB. He contended that the CPIO of DOO(C&S) repeatedly diverted his RTI to Small Arms Factory Kanpur, whereas the issues pertained to Field Gun Factory Kanpur and Ordnance Factory Board. He prayed that the CPIO may provide complete and accurate information against all the points raised in his RTI application.
6. The respondent while defending their case inter alia submitted that they had not received the RTI application and the first appeal referred to in this case. Further, the appellant was seeking confirmation and clarification through his voluminous queries running into 30 vague queries in his RTI application, and a copy of the application was only received by them along with the hearing notice. However, in terms of the instant RTI application, the CPIO endorsed the following written submissions dated 10.01.2026 reproduced below:
"उपरोक्त नवषय के अन्तगतग आपके िारा जारी संिनभगत नोनिस लघु शस्त्र ननमाग णी, कानपुर में निनाक 29/12/2025 को प्राप्त हुई नजसमें श्री सुधीर कुमार की नितीय अपील की सुनवाई निनां क 20/01/2026 को 11:05 AM पर होनी सुनननित हुयी है।
2. इस तारतम्य में सूनचत नकया जाता है नक श्री सुधीर कुमार ने अपने प्राथगनापत्र निनां क 08/01/2025 जो नक इस ननमाग णी में निनां क 24/01/2025 को प्राप्त हुआ था, CIC/AWEIL/A/2025/620857 Page 9 of 12 के िारा केन्द्रीय जनसूचना अनधकारी, लघु शस्त्र ननमाग णी, कानपुर से सूचना का अनधकार अनधननयम-2005 के अन्तगगत जानकारी मॉगी थी।
3. आवेिक को केन्द्रीय जनसूचना अनधकारी के पत्र निनां क 11/02/2025 के िारा सूनचत नकया गया था नक मां गी गयी जानकारी आवेिक के प्राथगनापत्र निनां क 13/06/2024 के सापेक्ष केन्द्रीय जनसूचना अनधकारी के पत्र निनां क 08/07/2024 के िारा प्रिान की जा चुकी है ।
4. आवेिक ने FAA/DOO (C&S), Kolkata को अपने प्राथगनापत्र निनां क 17/02/2025 के िारा प्रथम अपील प्रेनषत की थी, जो नक इस ननमाग णी के प्रथम अपीलीय प्रानधकारी को FAA/DOO (C&S), Kolkata से स्थानान्तररत होकर निनां क 07/03/2025 को प्राप्त हुयी थी।
5. प्रथम अपीलीय प्रानधकारी ने व्यक्तक्तगत रुप से तथ्ों की जानकारी प्राप्त करने के उपरान्त प्राथी को अपने पत्र निनां क 02/04/2025 के िारा ननणगय निया नक केन्द्रीय जनसूचना अनधकारी, लघु शस्त्र ननमाग णी, कानपुर के िारा उपलब्ध कराई गयी जानकारी पररपूणग है ।
6. अतः उपरोक्त के सम्बन्ध में केन्द्रीय सूचना आयोग, नई निल्ली को सूनचत नकया जाता है नक इस ननमाग णी के केन्द्रीय जनसूचना अनधकारी एवं प्रथम अपीलीय प्रानधकारी िारा आवेिक को ननधाग ररत समयसीमा के अन्दर प्राथगनापत्र एवं प्रथम अपील का उत्तर पूणग जानकाररयों/ नववरण सनहत सूचना का अनधकार अनधननयम-
2005 में उक्तल्लक्तित ननयमानुसार प्रिान नकया गया है "।
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the relevant documents concerning the instant appeal have not been filed by either of the parties. Although, the CPIO orally CIC/AWEIL/A/2025/620857 Page 10 of 12 claimed that the information sought was voluminous, the reply placed on record by the appellant indicated otherwise. The appellant has referred to an RTI application dated 11.01.2025 (originally addressed to Ordnance Factory Board, Kolkata) and contended that the CPIO of DOO(C&S) repeatedly diverted his RTI to Small Arms Factory Kanpur, whereas the issues pertained to Field Gun Factory Kanpur and Ordnance Factory Board.
Nonetheless, the issues raised in the instant RTI application are cumbersome, ambiguous and indefinite, exceeding the limit of 500 words, as prescribed under Rule 3 of RTI Rules, 2012. The Commission records its admonition against the Appellant for having uploaded multiple and irrelevant replies along with his second appeal. Further, perusal of the first appeal enclosed by the appellant reveals that the same was filed with reference to two RTI applications and no clarification was given by him to that effect, even during the hearing.
It may not be out of place to mention that the CPIO was unprepared during the hearing and did not carry the relevant files for reference or assistance of the Commission. It is also observed that an earlier communication dated 08.07.2024 referred to in their reply dated 11.02.2025 is irrelevant and the RTI requests dealt therein are distinguishable. On being queried, the CPIO failed to cite any reasons for having relied upon such communication and having attempted to mislead the Commission.
Keeping in view the foregoing discussion, the Commission cannot absolve the CPIO from its responsibility of strict adherence to the provisions of the RTI Act. Further, taking a lenient view, the Commission has perused the contents of the RTI application dated 11.01.2025 and observes that in point no. 22 of the RTI application, a particular document has been sought by the appellant. In view of the above, the CPIO is directed to give a revised reply to the RTI application, as per the provisions of the RTI Act, and specific information against point no. 22 of the RTI application, subject to its availability, within 15 days from the date of receipt of this order, (after obtaining the CIC/AWEIL/A/2025/620857 Page 11 of 12 same from the CPIO concerned i.e. Field Gun Factory Kanpur and Ordnance Factory Board, if necessary) free of cost, under due intimation to the Commission. Further, the CPIO is counselled to be well versed with the facts of the case and be prepared with relevant files to be able to assist the Commission diligently in future. Accordingly, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामल ंगम) Information Commissioner (सूचना आयुक्त) निनां क/Date: 24.02.2026 Authenticated true copy O. P. Pokhriyal (ओ.पी. पोिररयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO, Works Manager, Small Arms Factory, Kanpur, A Unit of AWEIL, Kalpi Road, Kanpur, Uttar Pradesh - 208009
2. Sudhir Kumar CIC/AWEIL/A/2025/620857 Page 12 of 12 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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