Central Information Commission
Sameer Singh Rawat vs Directorate General, Armed Forces ... on 18 January, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DGAFM/A/2022/655447
Sameer Singh Rawat .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
MILITARY HOSPITAL, ROORKEE,
S.O ROORKEE CANTT - 247667,
UTTARAKHAND ....प्रनर्वािीगण /Respondent
Date of Hearing : 10-01-2024
Date of Decision : 16-01-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 04-07-2022
CPIO replied on : 28-07-2022
First appeal filed on : 02-09-2022
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 14-10-2022
Information sought:
The Appellant filed an RTI application dated 04.07.2022 seeking the following information:1
"Subject matter of information:
1. Regarding submissions made and visible in Online judgement of CIC 2nd appeal Ref File No. CIC/DGAFM/C/2021/604598, held on date 27/06/22, by CPIO MH Roorkee
2. Regarding letter sent by applicant by speed post no ED511025280IN addressed to PIO/Commandant of MH Roorkee on 21-May-22.
Background related to the information sought for:
Re-producing part of the judgement mentioned above (attached) The Submissions made by Complainant and Respondent during Hearing: The CPIO vide written submissions dated 22.06.2022 submitted that the complainant had submitted a withdrawal affidavit sworn by the complainant on 10.11.2021. In that affidavit the complainant had withdrawn all the complaints, RTI application, first and second appeals.
Description of information required:
Kindly provide a certified copy of document, correspondence, minutes of meeting and file notings etc for the below-
1. Kindly provide a copy of the "withdrawal affidavit" sworn by the complainant (and applicant of this RTI), which the CPIO is referring to in his submissions.
2. Kindly provide the details of mode of submission of this Withdrawal Affidavit to Army officials i.e how was this submitted by applicant- by hand, by post, by courier etc.
3. Kindly provide the details of date on which this withdrawal Affidavit was submitted to Army officials.
4. Kindly provide the diary details of the receiving of this withdrawal affidavit.
5. Kindly provide the name of the CPIO who submitted this information about the withdrawal affidavit in the above-mentioned 2nd Appeal to CIC.2
6. Please provide a copy of the letter sent by applicant by speed post no ED511025280IN to PIO/Commandant of MH Roorkee on 21-May-22 about CIC 2 appeal no. 697825. If this information is not available with your office kindly forward it to the appropriate office and copy me as per sec-6(3) of RTI-act-2005."
The CPIO furnished a pointwise reply to the Appellant on 28.07.2022 stating as under:
"1. An applicant cannot seek his own documents (Refer section 2(1) of RTI Act). Detailed justification is given at Para 3 below.
2. By speed post (EV880367504IN)
3. Withdrawal affidavit dated 10 Nov 21 was received by this hospital on 18 Nov 21 by the means of speed post as mentioned above.
4. No such record is maintained for speed post received.
5. Brig K Shyamsundar, Commandant, MH Roorkee
6. An applicant cannot seek his own documents (Refer section 2(f) of RTI Act) Detailed Justification is given at Para 3 below."
Being dissatisfied, the appellant filed a First Appeal dated 02.09.2022. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Brigadier Vishal Vishnu Tewari, Commandant & CPIO, participated in the hearing.
The Appellant did not participate in the hearing despite being served the hearing notice in advance.3
The Respondent submitted that an adequate reply in terms of the RTI Act has been given to the Appellant vide letter dated 28.07.2022. He further added that since the Appellant has contested for the information on point No. 1 and 6 of RTI Application in the Second Appeal, their office will send the relevant document to the Appellant in respect of point No. 1 of RTI Application. He further submitted that with respect to the information sought in point No. 6 of the RTI Application, their office has not received the averred letter dated 21.05.2022 from the Appellant through speed post.
A written submission has been received from Brigadier Vishal Vishnu Tewari, Commandant & CPIO, vide letter dated 29.12.2023 and the same has been taken record.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Appellant has contested for the information on point No. 1 and 6 of RTI Application in the Second Appeal and since the Respondent has agreed to provide a revised reply on the same, the Commission directs CPIO to provide a revised reply on point no. 1 and 6 of the RTI Application to the Appellant, in the light of the submissions made during the hearing, with a copy marked to the Commission, within two weeks from the date of receipt of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181927 Date 16-01-2024 Sameer Singh Rawat 3062, Soloman Heights, Bhagwati CGHS, Plot 8, Sector 19B, Dwarka, New Delhi - 110075.4