Central Information Commission
Umesh Kumar vs Indian Navy on 27 September, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/INAVY/A/2023/646225
Umesh Kumar .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
HEADQUARTERS, WESTERN NAVAL
COMMAND, 5TH FLOOR, NOORBHOY
BUILDING, SHAHID BHAGAT SINGH
ROAD, MUMBAI - 400001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 19.09.2024
Date of Decision : 26.09.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 11.05.2023
CPIO replied on : 25.05.2023
First appeal filed on : 02.06.2023
First Appellate Authority's order : 07.07.2023
2nd Appeal/Complaint dated : 25.09.2023
Information sought:
The Appellant filed an RTI application dated 11.05.2023 seeking the following information:Page 1 of 9
"1. Total ECHS polyclinic in Mumbai District and category of each polyclinic as per ECHS policy
2. Total strength of ECHS beneficiary in each ECHS polyclinic of Mumbai District at the time of sanctioning and e of sanction of each policlinic.
3.. Total retired commissioned officer beneficiary in each ECHS polyclinic of Mumbai District at the time sanctioning.
4. Total strength of ECHS beneficiary in ECHS Nerul polyclinic of Thane District at the time of sanctioning
5. Total retired commissioned officer beneficiary in Nerul ECHS polyclinic of Thane District at the time sanctioning.
6. Total no. of ECHS beneficiaries (residing in area of kalyan, Vitthalvadi, Ulhasnagar Ambarnath and Badlapur) whose parent polyclinic is Asvini
7. Total No. of ECHS beneficiaries (residing in area of kalyan, Vitthalvadi, Ulhasnagar Ambarnath and Badlapur) whose parent polyclinic is Kanjurmarg
8. Total number of polyclinic running in rented building in Mumbai district and total amount paid by ECHS.
9. Total no of commissioned officer category (Excluding Honorary Commission Officer) ECHS beneficiaries (residing in area of kalyan and beyond kalyan to karjat and Kasara) whose parent policlinic is Asvini
10. Total no of commissioned officer category (Excluding Honorary Commission Officer) ECHS beneficiaries (residing in area of kalyan, Vitthalvadi, Ulhasnagar Ambarnath and Badlapur) whose parent policlinic is Kanjurmarg
11. Total no of retired commissioned officer category (Excluding Honorary Commission Officer) ECHS beneficiaries (residing in area of kalyan, Vitthalvadi, Ulhasnagar Ambarnath and Badlapur) whose parent policlinic is Nerul
12. Total no of retired commissioned officer category (Excluding Honorary Commission Officer) ECHS beneficiaries of south Mumbai whose parent policlinic is Asvini
13. Total no of retired commissioned officer category (Excluding Honorary Commission Officer) ECHS beneficiaries of Pawai/Mulund/Bhandup whose parent policlinic is Kanjurmarg Page 2 of 9
14. Total no of retired commissioned officer category ECHS beneficiaries of Navi Mumbai whose parent policlinic is Nerul
15. Total no of PBORS (HCO/JCO/NCO/ORS) ECHS beneficiaries (residing in area of kalyan, Vitthalvadi, Ulhasnagar Ambarnath and Badlapur) whose parent policlinic is Asvini
16. Total no of PBORS(HCO/JCO/NCO/ORS) ECHS beneficiaries (residing in area of kalyan, Vitthalvadi, Ulhasnagar Ambarnath and Badlapur) whose parent policlinic is Kanjurmarg.
17. Total time period of demand of ECHS polyhclinc at Ambernath by United ex-servicemen association Ambernath is pending at station headquarters.
18. Copy of AIP of ECHS polyclinic Ambernath.
19. Status of establishment of ECHS polyclinic Ambernath.
20. Copy of Authority of establishing ECHS at Nerul Thane District.
21. Authority for non- sanction of policlinic at ambernath"
The CPIO furnished a reply to the Appellant on 25.05.2023 stating as under:
"(a) Query 1. The total ECHS Polyclinics falls under this Regional Centre are seven (05 in Mumbai region and 02 in other states).
(i) The details of Polyclinics that falls under Regional Centre Mumbai are appended below: -
S No Stn Hqs/Polyclinics Category
Station HQ ECHS INS Angre
i ECHS PC Mumbai, Asvini Type B
ii ECHS PC, Mahad Type D
Station HQ ECHS Mumbai, Upnagar
iii ECHS PC, Mumbai Upnagar Type D
iv ECHS PC, Thane (Nerul) Type C
Station HQ ECHS INS Hamla
v ECHS PC, COD Kandivali Type D
(ii) The category will depend upon the authorized strength of ESM per PC as per ECHS policy (Type 'A' to Type 'E'):-
Ser No Type of PC Authorized Strength
I Type A Above 20,000
Page 3 of 9
ii Type B Above 10,000
iii Type C Above 5,000
iv Type D Above 1,500
v Type E Above 800 (for remote areas)
(b) Query 2. Sanctioning of polyclinic based on strength is not done by this Regional Centre. Hence, you are requested to approach concerned appropriate authority to seek the same.
(c) Query 3. This office has no records of total retired commissioned officer in each ECHS polyclinic at the time of sanctioning. You are requested to approach sanctioning authority for the same.
(d) Query 4. This office has no records of total strength of ECHS beneficiary at the time of sanctioning of ECHS Polyclinic (Nerul). You are requested to approach sanctioning authority for the same.
(e) Query 5. This office has no records of total retired commissioned officer ECHS beneficiary at the time of sanctioning of ECHS Polyclinic Thane. You are requested to approach sanctioning authority for the same.
(f) Query 6. This office has no records of total number of ECHS beneficiaries whose parent polyclinic is Asvini (area wise who are residing in area of Kalyan, Vitthalvadi, Ulhasnagar, Ambernath and Badlapur). You are requested to approach appropriate authority for the same.
(g) Query 7. This office has no records of total number of ECHS beneficiaries whose paent polyclinic is Kanjurmarg (area wise who are residing in area of Kalyan, Vitthalvadi, Ulhasnagar, Ambernath and Badlapur). You are requested to approach concerned authority for the same.
(h) Query 8. This office does not deal with the subject matter (i. e polyclinics being functioning in rented buildings and total amount paid by ECHS till date).
You are requested approach concerned appropriate authority to het the above details.
(j) Query 9. This office has no records of tatal number of commissioned officer category (Excluding Honorary Commission Officer) (area wise who are residing in area of Kalyan and beyond Kalyan to Karjat and Kasara) whose parent polyclinic is Asvini. You are requested approach concerned appropriate authority for the same.
(k) Query 10. This office has no records of total number of commissioned officer category (Excluding Honorary Commission Officer) (area wise who are residing in area of Kalyan Vitthalvadi, Ulhasnagar, Ambernath and Badlapur) Page 4 of 9 whose parent polyclinic is Kanjurmarg. You are requested approach concerned appropriate authority for the same.
(l) Query 11. This office has no records of total number of commissioned officer category (Excluding Honorary Commission Officer) (area wise who are residing in area of Kalyan Vitthalvadi, Ulhasnagar, Ambernath and Badlapur) whose parent polyclinic is Nerul. You are requested approach concerned appropriate authority for the same.
(m) Query 12. This office has no records of total number of commissioned officer category (Excluding Honorary Commission Officer) (who are residing in South Mumbai) and whose parent polyclinic is Asvini. You are requested approach concerned appropriate authority for the same.
(n) Query 13. This office has no records/ does not dealt with of total number of commissioned officer category (Excluding Honorary Commission Officer) of Powai/ Mulund/ Bhandup and whose parent polyclinic is Kanjurmarg. You are requested approach concerned appropriate authority for the same.
(p) Query 14. This office has no records/ does not dealt with of total number of commissioned officer category (Excluding Honorary Commission Officer) of Navi Mumbai and whose parent polyclinic is Nerul. You are requested approach concerned appropriate authority of the same.
(q) Query 15. This office has no records/ does not dealt with of total number of PBORs area wise residing in Kalyan. Vitthjalvadi, Ulhasnagar, Ambernath and Badlapur) and whose parent polyclinic is Asvini. You are requested approach concerned appropriate authority for the same.
(r) Query 16. This office has no records/ does not dealt with of total number of PBROs area wise residing in Kalyan. Vitthjalvadi, Ulhasnagar, Ambernath and Badlapur) and whose parent polyclinic is Kanjurmarg. You are requested approach concerned appropriate authority for the same.
(s) Query 17. This office does not dealt with sanctioning/ demand of new polyclinic. You are requested approach concerned appropriate authority/ Area HQ for the same.
(t) Query 18. This office does not possess or deal with AIPs of any polyclinic. Hence, you are requested to approach appropriate authority/ Area HQ for the same.
(u) Query 19. This office does not deal with establishment/ sanctioning of new polyclinic. You are requested approach concerned appropriate authority/ Area HQ for the same.
Page 5 of 9(v) Query 20. This office does not deal with establishment/ sanctioning of new polyclinic. You are requested approach concerned appropriate authority/ Area HQ for the same.
(w) Query 21. This office does not deal with establishment/ sanctioning of new polyclinic. You are requested approach concerned appropriate authority/ Area HQ for the same."
Being dissatisfied, the appellant filed a First Appeal dated 02.06.2023. The FAA vide its order dated 07.07.2023, held as under:
"(a) Query 1. As mentioned earlier, sanctioning of polyclinic is not done by Regional Centre (Mumbai). You may approach IHQ of MoD(N)/ ECHS/ Central Organisation ECHS, New Delhi for the said query. The address is available in open domain of internet (www.echs.gov.in).
(b) Query 2. This office does not hold record of retired Commissioned Officers.
You may contact President Navy Foundation Mumbai for the same. The address is available on open domain of internet https://navyfoundationmumbaicharter.in.
(c) Query 3 and 4. You may approach Central Organisation ECHS, New Delhi for the said query. The address & Telephone number is available in open domain of internet https://www.indiannavy.nic.in/content/contact-us & (www.echs.gov.in).
(d) Query 5. You may contact respective ZSWO for the same. Address and contact details are available on open domain of internet. There is no direct contact with ZSWO with this office hence address and contact not held.
(e) Query 6. You may contact respective ZSWO, for the same. Address and contact details are available in open domain of internet. There is no direct contact with ZSWO with this office hence address and contact not held.
(f) Query 7. You may approach DEO, Mumbai for the said query. The address is available in open domain of internet.
(g) Query 8 to 13. This office does not hold record of retired Commissioned Officers, whose parent polyclinic is Asvini, Kanjurmarg and Nerul and are residing at various locations in Mumbai Region. You may contact President Navy Foundation Mumbai for the same. The address is available on open domain of internet https://navyfoundationmumbaicharter.in.
Page 6 of 9(h) Query 14 to 15. You may contact respective ZSWO for the same. Address and contact details are available on open domain of internet. There is no direct contact with ZSWO with this office hence address and contact details are not held.
(j) Query 16 IHQ of MoD (N)/ECHS has intimated that AIP has been accorded for 102 new ECHS polyclinics to be opened in the Phase-III expansion plan during 2018 which includes Ambernath also and HQWNC has intimated that proposal for raising of 102 new polyclinics is put on hold vide their letter No ML18540/2/11/5/ECHS Works dated 15 Jan 2021.
(k) Query 17. This office does not possess or deal with AIPs of any polyclinic. You may approach IHQ of MoD(N)/ECHS for the said query. The address & Telephone number IS available in open https://www.indiannavy.nic.in/content/contact-us. domain of internet
(l) Query 18. This office does not deal with establishment /sanctioning of new polyclinic. You may approach IHQ of MoD(N)/ECHS for the said query. The address & Telephone number is available in open domain of internet https://www.indiannavy.nic.in/content/contact-us. However, status available with office has already been furnished at serial number (j) above.
(m) Query 19. This office does not deal with establishment /sanctioning of new polyclinic. You may approach IHQ of MoD(N)/ECHS for the said query. The address & Telephone number is available in open domain of internet https://www.indiannavy.nic.in/content/contact-us.
(n) Query 20. Sanction has already been accorded for raising of Ambernath polyclinic but presently put on hold. Reply for the same has already been furnished at serial number (j) above. You may approach IHQ of MoD(N)/ECHS for further query The address & Telephone number is available in open domain of internet https://www.indiannavy.nic.in/content/contact-us."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Shri Kamlesh Sharma, Joint Director, attended the hearing through VC.Page 7 of 9
The Appellant stated that the Respondent has not provided the relevant information as sought in point No. 2 to 21 of the RTI Application.
The Respondent submitted that the information sought by the Appellant in point No. 2 to 21 of the RTI Application, is not available in their records as their office is not the custodian of the records. He added that the information sought by the Appellant on these points are scattered over different offices and accordingly their office vide letter dated 07.07.2023, has informed the name of the offices from which the relevant information pertains and asked the Appellant to collect the same from them.
A written submission has been received from Ms. Urmila Bhat, PIO, vide letter dated 13.09.2024, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"1. Please refer to Hon'ble CIC Notice of Hearing dated 05 Sep 24, received by this Headquarters on 09 Sep 24.
2 The following is submitted for kind consideration of the Hon'ble CIC: -
(a) Shri Umesh Kumar filed RTI application dated 11 May 23, addressed to RC ECHS (Mumbai) for obtaining information wrt total strength of ECHS polyclinics, beneficiaries and other related details in Mumbai and Thane districts (Encl 1A).
(b) RTI application was replied by HQWNC/ PIO vide letter dated 25 May 23 (Encl 2).
(c) Thereafter the applicant had filed a First Appeal dated 02 Jun 23 (Encl 3A) and the same was replied vide HQWNC/FAA letter dated 07 Jul 23 (Encl 4A).
Comments
3. The RTI application and First Appeal both have been suitably replied vide letters dated 25 May 23 and 07 Jul 23 respectively.
4. In view of the above, Hon'ble CIC is kindly requested to consider disposing off second appeal filed by the applicant."
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 in the instant RTI Application has sought scattered information in point No. 2 to 21 of the RTI Application that requires collection & collation of the data which would divert the time and resources of the public authority in providing all. Hence directing the Respondent to collect information from various offices and provide the same to the Appellant would attract section 7 (9) of the RTI Act. Further in terms of para 3 (iii) of DoP&T OM No. 10/2/2008-IR dated 12th June 2008, the Page 8 of 9 Appellant should file separate RTI Applications to different offices in order to obtain such scattered information. No intervention of Commission is required in the instant matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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