Central Information Commission
Mr.Mangat Singh Tyagi vs Ministry Of Defence on 17 August, 2012
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2012/001001008
Appellant : Mangat Singh Tyagi
Respondent : Ministry of Defence
Date of hearing : 17.8.2012
Date of decision : 17.8.2012
FACTS
Heard today dated 17.8.2012. Appellant present along with his assistant Shri S. P. Singh Sisodiya. The Ministry of Defence is represented by Shri Praveen Kumar Sachan, Desk Officer.
2. It is noticed that vide RTI application dated 7.10.2011, the appellant had sought information on 08 paras regarding encroachment on the land of Army / Ministry of Defence at Garh Mukteshwar, District Hapur. Shri A. K. Singh, Director (LMC) had raised the issue of non-deposition of requisite fee of Rs. 10/- in his letter dated 25.10.2010 and had not addressed the core issue raised by the appellant in the RTI application. The result is that no information whatsoever has been provided to the appellant so far. This defeats the very purpose of the RTI Act. In fact, it defeats the RTI Act itself.
3. During the hearing, Shri Sachan submits that Ministry of Defence does not hold the requested information and, if at all, it must be with the Director General of Defence Estates. The matter is adjourned till 1430 hrs with a view to enable Shri Sachan to get in touch with the concerned officers of DGDE to assist the Commission.
4. The hearing is resumed at 1430 hrs. The parties are present. Shri Sachan submits that he contacted to Shri Prachur Goyal, Dy. DGDE and the latter promised to depute an officer to the Commission for the hearing. Accordingly, Shri Gajraj Singh, Section Officer, DGDE, is present before the Commission. He submits that copy of the RTI application has not been received by the office of DGDE. Hence, a copy thereof is handed over to Shri Gajraj Singh 'dasti' with the direction to supply para-wise information to the appellant in 04 weeks time, free of cost. If the appellant does not receive this information, he will be at liberty to move this Commission again.
5. However, before parting with this matter, I would like to observe that the office of D (Lands) in the MoD has dealt with this matter in a very dispirited manner and has not shown any commitment to the cause of RTI Act. The Commission expects the concerned officers of the Ministry of Defence to act with promptitude and commitment in such like matters.
Sd/-
(M.L. Sharma) Central 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.
(K L Das) Dy. Registrar Address of parties
1. The Director (L&C) & CPIO M/o Defence, D (Lands), R. No. 117, B-Wing, Sena Bhawan, New Delhi
2. Shri Mangat Singh Tyagi Bankhanda, Ghaziabad, Uttar Pradesh