Central Information Commission
Mps Godara vs Indian Air Force on 21 October, 2022
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File No. CIC/IAIRF/C/2021/129297
In the matter of:
MPS Godara
...Complainant
VS
Central Public Information Officer
Directorate of Personal Services, Air Head Quarters,
Indian Air Force (IAF), Vayu Bhawan, Rafi Marg,
New Delhi - 110011
...Respondent
RTI application filed on : 28/12/2020 CPIO replied on : 02/02/2021 First appeal filed on : 19/02/2021 First Appellate Authority order : 16/04/2021 Complaint filed on : 03/05/2021 Date of Hearing : 20/10/2022 Date of Decision : 20/10/2022 The following were present:
Complainant: Not present Respondent: Wing Commander Devendra Singh, CPIO, present over VC at CIC Information Sought The complainant has sought the following information:
(i) How many General Court Martials (GCM) have taken place in IAF between 01/01/2009 and 31/12/2020?
(ii) How many District Court Martials (DCM) have taken place in IAF between 01/01/2009 and 31/12/2020?
(iii) How many Summary General Court Martials (SGCM) have taken place in IAF between 01/01/2009 and 31/12/2020?
(iv) And other related information.
Grounds for filing Complaint The CPIO did not provide the desired information.
1Submissions made by Complainant and Respondent during Hearing:
The complainant in his complaint submitted that since the information was incorrectly denied, necessary action may be initiated against the CPIO. However, the complainant was not present at the VC venue despite due service of notice on 07.10.2022 vide speed post acknowledgment no. ED024047254IN.
The CPIO submitted that an appropriate reply was given to the complainant on
02.02.2021.
Observations:
From a perusal of the relevant case records, it is noted that vide the reply dated 02.02.2021 & the FAA's order dated 16.04.2021, the complainant was categorically informed that the information sought is not available in material form and its compilation will disproportionately divert the resources of the public authority and therefore the information sought cannot be provided in terms of Section 7(9) of the RTI Act. The Commission does not find any malafide intention to deny the information as what is not available in any material form, cannot be created. Hence, the information not being available with the respondent and the fact that a categorical reply to this effect was given leads to the conclusion that the complaint is not established. Decision:
In view of the above, no action lies.
The complaint is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु!त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 2