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Central Information Commission

Vishal Sachdev vs Indian Army on 3 February, 2021

Author: Vanaja N Sarna

Bench: Vanaja N Sarna

                            क य सच  ु ना आयोग
                    CENTRAL INFORMATION COMMISSION
                             बाबा गंगनाथ माग
                           Baba Gangnath Marg
                        मु नरका, नई द ल - 110067
                        Munirka, New Delhi-110067

                                  File no.: CIC/IARMY/A/2019/104846+108953
In the matter of:
Vishal Sachdev
                                                               ... Appellant
                                      VS
1.CPIO/ RTI Cell,
Addl. DG MT (AE),
G-6, D-1 Wing, Sena Bhawan, Gate No. 4,
IHQ of MoD (Army), New Delhi - 110 011

2. Public Information Officer
HQ 21, Mtn Div. C/o 99 APO Pin 908421
                                                                ...Respondents
File No.                              104846            108953
RTI application filed on          :   02/11/2018        02/11/2018
CPIO replied on                   :   Not on Record     15/11/2018
First appeal filed on             :   15/12/2018        21/12/2018
First Appellate Authority order   :   Not on Record     03/01/2019
Second Appeal dated               :   01/02/2019        15/02/2019
Date of Hearing                   :                   02/02/2021
Date of Decision                  :                   02/02/2021

The following were present:
Appellant: Present over VC at CIC

Respondent: Lt. Col Jagdish Prasad, present over VC at CIC Information Sought in File No. CIC/IARMY/A/2019/104846:

The appellant has sought the following information in regard to a letter issued by IHQ of MoD (Army), AG's Br, DV Dte on or around 09 Oct 18 directing composition of a "Study Gp on matrimonial Disharmony in the Army":
1. Copy of such letter/document directing the composition of any such study Gp 1
2. Copy of such document authenticating the date of receipt of said letter at Command HQ.
3. Copy of the front/back side of the said letter with all markings on the same.
4. And other related information.

Information Sought in File No. CIC/IARMY/A/2019/108953:

The appellant has sought the following information in regard to a letter issued by IHQ of MoD (Army), AG's Br, DV Dte on or around 09 Oct 18 directing composition of a "Study Gp on matrimonial Disharmony in the Army":
1. Copy of such letter/document directing the composition of any such study gp.
2. Details of the competent authority directing the composition of study gp on matrimonial disharmony in the Army as below:
S No. Rank/Designation Appt Name Arm/Service Duties/Role in Present Appt.
3. Copy of the Act/Rule/Regulation, under which the above mentioned authority has been delegated power to order composition of such study gp/studies.
4. And other related information.

Grounds for Second Appeal The CPIO did not provide any information.

Submissions made by Appellant and Respondent during Hearing:

The appellant submitted that he was not satisfied with the reply of the CPIO. The CPIO submitted that the study group was constituted not on the basis of any individual case. Further, on 15.07.2015 the study group was ordered and only recommendations were forwarded. On a query, he submitted that the FAA's order was complied with on 29.04.2019.
Observations:
The CPIO had provided an interim reply and informed that the matter was under process. The FAA had directed to provide the information within 2 weeks. The CPIO accordingly complied with the FAA's order on 29.04.2019. The Commission finds no merit in the second appeals of the appellant.
2
Decision:
In view of the submissions of the CPIO, the Commission finds no scope for any intervention in the matter and accordingly upholds the submissions of the CPIO. No further action lies.
The appeals are disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु 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 3