Central Information Commission
Shri Jai Pal Singh vs E-In-C Branch, Mod on 5 November, 2008
Central Information Commission
Appeal No. CIC/WB/A/2007/01261-SM dated 28.8.2007
Right to Information Act-2005 - Under Section (19)
Dated 5.11.2008
Appellant - Shri Jai Pal Singh
Respondents - E-in-C Branch, MOD
Shri Jai Pal Singh, the Appellant was not present
From the Respondents side, the following were present:-
1. Shri Adesh Kumar Jain, Jt. DG (Pers.)
2. Shri R.K. Gautam, Jt. Director
ORDER
Before the hearing commenced, Shri Jai Pal was contacted on telephone to find out why he was not present. He claimed that he had not received the notice from this Commission. It was ascertained from the Office that the communication was sent to him at the address given by him in his appeal. Since the respondents received the notice and were present, it was unlikely that the Appellant did not receive it, provided the address given by him was correct. Since the Respondents were present, it was considered in the interest of early disposal of the appeal as also to prevent infractuous expenditure on account of repeated visits of the Respondents to the Commission's office, to take up the case. Later, however, the Appellant also arrived.
The brief facts of the case are as under:-
2. Shri Jai Pal Singh, as per the documents enclosed with his appeal, had filed an application with the Assistant CPIO in the Office of the E-in-C Branch (Admn.), Ministry of Defence for copies of relevant notings / connecting documents of Ministry of Defence / Ministry of Defence (Fin) and also charter of duty of HS Graded I of CVD and other Departments mentioned in MA No.1650/2006 recorded on E-in-C Branch file on the above subject leading to the issue of speaking order. On enquiry from the Respondents, it was noted that the Appellant had indeed approached the CPIO way back in 2006 for copies of certain documents and those were provided to him. It appears that the application dated 2.2.2007 was in continuation of the Appellant's efforts to obtain copies of certain documents from the Public Authority.
3. It is also noted that while the Appellant had been corresponding with the CPIO about the copies of notings, etc. including a copy of the speaking order, he had not approached the First Appellant Authority and has come to the Commission straightway in appeal. Be that as it may, his appeal was considered on merit. The respondents were asked to furnish copies of all the correspondence that they had with the Appellant on this subject and they furnished a set of papers which are placed in the file. The original application of the Appellant dated
2.2.2007 and the replies given by the CPIO and the copies of the documents supplied to him were perused.
DECISION
4. After the perusal of the information already supplied by the Public Authority to the Appellant during the course of his correspondence with the CPIO on a number of occasions, it was found that the respondents had been quite responsive to the request of the Appellant and had supplied him with copies of both file/notings on the subject leading to the speaking order as desired by the Appellant. From the appeal filed by the Appellant, it is not clear as to what exactly he wanted. In view of this, and especially in view of the fact that the Appellant did not approach the Appellate Authority within the establishment before approaching this Commission, we advise the Appellant to approach the Appellate Authority within the establishment clearly stating the grounds on which he is dissatisfied with the information already supplied to him by the CPIO. We also direct the First Appellate Authority to dispose off any appeal received from the Appellant expeditiously and not later than 20 working days form the date of receipt of such an appeal.
5. The appeal is thus disposed off. Copies of this order be given free of cost to the parties.
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(Satyananda Mishra) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
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(Vijay Bhalla) Assistant Registrar