Central Information Commission
Kapeesh Jain vs Ministry Of Defence on 8 December, 2016
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/CC/A/2016/000013/SD
Date of Decision: 08/12/2016
Relevant facts emerging from the Appeal:
Appellant : Kapeesh Jain
47 Field Marshell Carriappa
Rpad Agra Cantt-282001
Mobile No.09837007268
Respondent : CPIO
Directorate of Defence Estates
Central Command Lucknow
RTI application filed on : 14/05/2015
PIO replied on : 15/06/2015
First appeal filed on : 10/06/2015
First Appellate Authority : 16/06/2015
order
Second Appeal dated : 05/11/2015
INFORMATION COMMISSIONER : SHRI DIVYA PRAKASH SINHA
Information sought:
The Appellant sought information regarding rules/orders under which certain named persons were legally valid H.O.R & Ex-H.O.R in Survey Nos. 72/2, 72/3 & 72, Jhansi Cantonment as well 357/1740/3 & 3A, Meerut Cantonment. Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing: The following were present:-
Appellant: Present through VC.
Respondent: M.P.R. Tripathi, Attached Officer & CPIO, Directorate of Defence Estates, Central Command, Lucknow present through VC.1
Appellant stated that he is not satisfied with the reply of the CPIO. He further clarified that he wants information sought vide paras 17 and 18 of the RTI Application.
CPIO submitted that the Appellant has submitted RTI Applications on similar issue to different CPIOs under DGDE, Delhi and appropriate reply has been provided to the Appellant.
Decision Commission observes that a Second Appeal on the same subject matter was decided vide Order No.CIC/VS/A/2015/001634/SD on 14.10.2016 concerning an Appellant named Ms. Neeraja Jain. The observation of the Commission in the said Order is reproduced below:
"In view of the fact that the Appellant is not satisfied with the documents received, Commission directs the CPIO to provide inspection of all relevant documents connected to the information sought in the RTI Application vide para 17 & 18 to the Appellant on a mutually decided date & time, duly intimated to the Appellant telephonically & in writing. Copy of documents, if desired, should be provided without charging prescribed fees upto 50 pages. Commission's direction should be complied within 15 days of the receipt of this order".
In view of the aforesaid, Commission directs the CPIO to facilitate an opportunity of inspection to the Appellant at the office of CPIO, DGDE, Delhi on a mutually decided date & time, duly intimated to the Appellant telephonically & in writing. Copy of documents, if desired, should be provided without charging prescribed fees upto 50 pages. For this purpose a copy of this order should be marked to CPIO, DGDE, Delhi.
Commission's direction should be complied within 15 days of the receipt of this order.
The appeal is disposed of accordingly.
(Divya Prakash Sinha) Information Commissioner 2 Authenticated true copy (H P Sen) Dy. Registrar/Designated Officer Copy To-
CPIO DGDE, DELHI 3