Central Information Commission
Mr M G Devasahayam vs Cabinet Secretariat on 25 March, 2014
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SM/A/2012/001251SS
March 25, 2014
Appellant : Shri M.G. Devasahayam
Respondents : Cabinet Secretariat
Date of Hearing : 25.03.2014
ORDER
This matter was earlier heard on 07.02.2014 when the Commission had issued an interim order dated 07.02.2014, which is reproduced below:
"The present appeal, filed by Shri M.G. Devasahayam against Cabinet Secretariat, was taken up for hearing on 07.02.2014 when the Respondents were present through Shri Rajesh Nagpal, Under Secretary. The Appellant was present through his counsel, Shri P.S. Tripathi.
2. The Appellant through an RTI application dated 27.04.2012 wanted to obtain attested copy of entire file (along with note sheet) of Appointment Committee of the Cabinet (ACC) dealing with the appointment of Lieutenant General Bikram Singh as Chief of the Army Staff.
3. The CPIO, Cabinet Secretariat vide his letter dated 04.05.2012 informed the Appellant that since the Ministry of Defence is the concerned Ministry in respect of the CIC/SM/A/2012/001251SS Page 1 of 5 2 information sought by him, the RTI application is being transferred to the Ministry of Defence under section 6(3) of the RTI Act.
4. The Appellant thereafter filed an appeal dated 04.06.2012 before the Appellate Authority, Cabinet Secretariat calling the transfer of his RTI application to the Ministry of Defence by the CPIO "a malafide move to deny the information". He asserted that the file is available only with Cabinet Secretariat.
5. The Appellate Authority disposed of this appeal vide his order dated 03.07.2012 holding that the decision of the CPIO to transfer the RTI application to Ministry of Defence is appropriate.
6. The Appellant then filed the present appeal before the Commission challenging the decision of the Appellate Authority.
7. During the hearing, Shri Rajesh Nagpal, Under Secretary, representing the Respondents, informs the Commission that the file in question is not available with Cabinet Secretariat. According to him, the file in question is held by the Ministry of Defence. He explains that in matters like the present one (appointment of Chief of the Army Staff) the practice for obtaining the ACC approval is different from the usual. In such cases matter is processed in the Ministry of Defence. The Cabinet Secretariat after taking the approval of the competent authority sends the file back to the Ministry of Defence. The Counsel for the Appellant states that the Appellant has not received any reply from the Ministry of Defence so far.
8. Having heard the submission above and perused the records, the Commission hereby directs the CPIO, Ministry of Defence to file a written submission in the matter along with copies of replies given to the Appellant in response to his RTI application, which was transferred to him by the CPIO, Cabinet Secretariat. The CPIO, Cabinet Secretariat shall also submit his written submission in the matter to the Commission. These written submissions should be submitted to the Commission within 2 weeks of receipt of this order.
9. The matter shall now be heard on March 25, 2014 at 10:45 a.m. The CPIO, Ministry of Defence as well as the CPIO, Cabinet Secretariat are directed to appear before the Commission in its Court Room No. 306 on the scheduled date. The CPIO, Cabinet Secretariat is also directed to serve this order to the concerned CPIO of the Ministry of Defence for compliance."
2. Thereafter as scheduled the matter was heard on 25.03.2014 in the presence of Shri Rajesh Nagpal, Under Secretary, Cabinet Secretariat and Shri 2 Revati Raman, Under Secretary, Ministry of Defence. The Appellant however chose not to be present.
3. During the hearing, Shri Revati Raman, Under Secretary, Ministry of Defence informs the Commission that they had replied to the instant RTI application dated 27.04.2012 of the Appellant vide letter dated 01.06.2012, against which he had also filed an appeal dated 21.07.2012 before the Appellate Authority.
This appeal was also disposed of by the Appellate Authority vide order dated 03.10.2012. Thereafter the Appellant had challenged the order of the Appellate Authority before the Commission by way of second appeal which the Commission had dismissed vide its order dated 18.01.2013 in case No. CIC/LS/A/2012/002765.
Shri Raman also produces before the Commission copies of Commission's order dated 18.01.2013 along with CPIO's reply and the order of the Appellate Authority in relation to the present RTI application for perusal.
4. In view of the facts now brought out by the Respondents at this stage which the Appellant had chosen not to reveal, the present appeal is dismissed.
(Sushma Singh) Chief Information Commissioner Authenticated by CIC/SM/A/2012/001251SS Page 3 of 5 4 (D.C. Singh) Deputy Registrar 4 Address to the Parties:
1. Shri M.G. Devasahayam 103, Ceebros Bayview 4th Seaward Road Valmiki Nagar Thiruvanmiyur Chennai 600041
2. The Central Public Information Officer (RTI) Cabinet Secretariat Rashtrapati Bhawan New Delhi 110004
3. The Appellate Authority (RTI) Cabinet Secretariat Rashtrapati Bhawan New Delhi 110004
4. The Central Public Information Officer (RTI) & Deputy Secretary (M.S.) Ministry of Defence South Block New Delhi CIC/SM/A/2012/001251SS Page 5 of 5