Central Information Commission
Mr Bhagwan Singh Shekhawat vs Ministry Of Defence on 16 February, 2017
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus,New Delhi-110067
Tel: +91-11-26106140/26179548
Email - [email protected]
File No. CIC/RK/A/2016/000126/SD
Date of Decision:16/02/2017
Relevant facts emerging from the Appeal:
Appellant : Bhagwan Singh Shekhawat
Flat No. 406, BL 2G
AWHO Colony, Sec - CHI P - 5
Greater Noida 201310(UP)
Respondent : 1.CPIO
AOC Records PIN - 900453
C/O 56 APO
2. CPIO
EME Records
Secunderabad AP
RTI application filed with : 21/09/2015
RTI Cell, Sena Bhawan on
Respondent No.1 replied : 20/10/2015
on
First appeal filed on : 21/10/2015
First Appellate Authority : No order
order
Second Appeal dated : 14/12/2015
INFORMATION COMMISSIONER : SHRI DIVYA PRAKASH SINHA
Information sought:
The Appellant sought certain extracts of Defence Service Regulations (Revised Edition), extracts of nominal roll & result compiled for Honorary Rank in his respect by EME Records on the occasion of Independence Day, 2015, policy rules regarding grant of some vacancy for promotion of Subedar, despatch details, receipt details of certain letters and copies of some letters of EME records.1
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing: The following were present:-
Appellant: Present in person.
Respondent (1): Maj. Aman Kalat, CPIO, AOC Records PIN - 900453, C/O 56 APO present through VC.
Respondent (2): Maj S.K. Pathak, SRO & CPIO, EME Records, Secunderabad present through VC.
Appellant stated that he has no case to plead against the Respondent No.1 as they have corresponded adequately on the matter. He further submitted that he is aggrieved with not receiving information on serial nos. 1 (a), 1 (b), 1 (c) ; 1(d)(i) and 1(f) of the RTI Application. He further submitted that information on serial nos. 1 (a), 1 (c) and 1(d)(i) pertains to Army HQ, with whom he had filed the RTI Application. While, information on serial nos. 1 (b) and 1(f) pertain to EME records, to whom the RTI Application was transferred from RTI Cell, Sena Bhawan.
Respondent No. (2) submitted that he has already provided the information pertaining to their office to the Appellant in November, 2015.
Decision:
In view of the contentions of the Appellant, no action lies against Respondent No.1. Further, Commission directs the Respondent No.(2) to resend the information he has sent earlier, and also provide available information on all the above mentioned points. Furthermore, for information pertaining to Army HQ, the same shall be procured by Respondent No.(2) from the concerned CPIO and be provided directly to the Appellant. If information is not available as a whole or in parts for any of the points mentioned above, the same shall be categorically stated in the reply. A copy of this order is marked to the CPIO, RTI Cell, Sena Bhawan, New Delhi for ensuring compliance.2
File No. CIC/RK/A/2016/000126/SD Commission's direction should be complied within 30 days from the date of receipt of this order.
The Appeal is disposed of accordingly.
(Divya Prakash Sinha) Information Commissioner Authenticated true copy (H P Sen) Dy. Registrar/Designated Officer Copy to:
CPIO, RTI Cell, IHQ of MoD (Army) G-6, D-1 Wing Sena Bhawan, Gate No.4 New Delhi-110011 3