Central Information Commission
K Rajesh Roshan vs Indian Air Force on 30 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/IAIRF/A/2023/144650
K Rajesh Roshan .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Indian Air Force Air Head
Quarter (Vayu Bhawan) Rafi
Marg, New Delhi - 110106 .... ितवादीगण /Respondent
Date of Hearing : 28.01.2025
Date of Decision : 29.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 17.07.2023
CPIO replied on : 01.08.2023
First appeal filed on : 21.08.2023
First Appellate Authority's order : 05.10.2023
2nd Appeal/Complaint dated : 07.11.2023
Information sought:
The Appellant filed an RTI application dated 17.07.2023 (offline) seeking the following information:
"I, K Rajesh Roshan, am a permanent combatant member of Indian Air Force since 27 Dec 2005 and presently residing at Air Force Station Sohan Road.
It is requested that the following information may please be provided under the RTI Act 2005:Page 1 of 6
(a) Please provide the total number of accommodations with block / building number and house / flat number (permanent & temporary) pool wise (Commissioned Officers, Warrant Officers, Senior Non-
Commissioned Officers, Non-Commissioned Officers, Non- Combatant (Enrolled), Defense Security Corps, Civilians (Payed out of Defense accounts) and Civilians (Payed out of other accounts) in AFSSR and AFSSR AoR.
(i) Details of renovation (minor/ major) works undertaken since 2010 for accommodations mentioned in para 2 (a) with handing/ taking over certificate at the start of renovation and handing/ taking over certificate after completion of renovation with the complete expenditure incurred and life span of such renovation works since 2010.
(ii) Details of renovation (minor/ major) works undergoing since 2015 for accommodations mentioned in para 2 (a) which are currently undergoing renovations such as month and year of renovation undertaken, estimated month and year of completion of renovation and financial expenditure incurred and life span of such renovation works.
(iii) Details of renovation (minor/ major) for accommodations mentioned in para 2 (a) which are planned for renovation such as month and year of renovation planned, estimated month and year of completion of renovation and financial expenditure involved and life span of such renovation works.
(iv) Details of accommodations mentioned in para 2 (a) presently lying vacant, with information such as month and year since accommodations lying vacant, reason for being vacant.
(v) Details of accommodations mentioned in para 2 (a) retained by individuals at AFSSR (with details of occupants) after being posted out (from the strength of Air HQS, AFND, AFSSR) since Sep 2020. Also furnish information such as date of allotment, period of retention sought, reason for retention and authority for granting retention.
(vi) Details of accommodations mentioned in para 2 (a) retained by individuals at AFSSR (with details of occupant) after being posted out (from the strength of Air HQs, AFND, AFSSR) post implementation of policy on "Review of policy on Retention of Accommodation" issued vide "Air HQ/37602/10/V(P&C) dated 17 Feb 21, along with information such Page 2 of 6 as date of allotment, period of retention sought, reason for retention and authority for granting retention.
(vii) Details of accommodations mentioned in para 2 (a) retained by individuals at AFSSR (with details of occupant) after being posted out (from the strength of Air HQs, AFND, AFSSR) post implementation of policy on "Review of policy on retention of accommodation" issued vide "Air HQ/37602/10/W(P&C)/9 dated 12 Aug 21, along with information such as date of allotment, period of retention sought, reason for retention and authority for granting retention.
(viii) Please state the reason for "SMQ No. (P-32/1, P-32/2, P-32/3); (P- 33/1, P-33/2, P-33/3); (P-34/1, P-34/2, P-34/3, P-34/4); (P-35/1, P- 35/2, P-35/3, P-35/4); (P-36/1, P-36/2, P-36/3, P-36/4) lying vacant. Month and year since vacant, reason for being vacant, month and year of renovation works (minor/ major) last undertaken, life span of such renovation, expenditure incurred, month and year of renovation (minor/ major) works planned, expenditure incurred, reason for delay in undertaking renovation works (minor/ major), month and year last whitewash (paintings) undertaken.
(ix) Details of renovation (minor/ major) works undertaken in the AFSSR officers' mess, month and year renovation undertaken, expenditure incurred. Also no. of times works/ repairs undertaken on officers' mess compound wall and pavement, expenditure incurred under different code heads (Public fund, Non-Public fund and other relevant code heads).
(x) Details of renovation (minor/ major) works undertaken on the compound walls and pavements around the accommodations of T-20, T- 39, T-41, P-8, P-9, P-10, P-28 and P-29 number of times the same work undertaken for last five years, expenditure incurred, reason for re- renovation, if any.
(xi) Details of works (minor/ major) undertaken at the accommodation of AOC, AFSSR (T-20) since 2017, details of expenditure incurred, details of addition/ annex construction, expenditure incurred, approval sought on such annex, if any.
(xii) Details of accommodation allotted to Gp Capt (TS) R Jha, date of taking over of allotted OMQ/TMQ (T-39/1), renovation works (minor/ major) undergone since taken over by Gp Capt (TS) R Jha, details of expenditure incurred for renovation, details of addition/ annex Page 3 of 6 construction, expenditure incurred, approval sought on such annex, details of renovation (minor/ major) works undertaken during five years before allotment to Gp Capt (TS) R Jha. Reason and authorization for having installed 09 water tanks on roof of T-39 (having only two accommodations)
(xiii) Two statues of lord Buddha were installed (one at the station swimming pool and the other at main guard room) at AFSSR. Details of authority approving for installation of these religious statues, details of code head and expenditure involved, details of competent authority issuing Acceptance of Necessity (AON) & Expenditure Angle Sanction (EAS), justification for installing religious statue."
The CPIO furnished a reply to the Appellant on 01.08.2023 stating as under:
"Information sought vide Para 2 (a) (i) to (xiii) of your ibid RTI application is voluminous in nature and is not readily held with this Public Authority in the format as sought. Further, compilation of such data if attempted would disproportionately divert the resources of this Public Authority as brought out in the 'Preamble' and Section 7 (9) of the RTI Act, 2005. Hence, no information can be provided."
Being dissatisfied, the appellant filed a First Appeal dated 21.08.2023. The FAA vide its order dated 05.10.2023, upheld the reply of CPIO with the following observations:
"...4. AND WHEREAS, I, being the First Appellate Authority having examined the submission/ contention in the appeal vis-A-vis the reply given by the CPIO in terms of Section 19 of the RTI Act, 2005, am of the view that the appellant vide his RTI application had sought information pertaining to works services in AFSSR and AFSSR AoR. lt is pertinent to mention that the works services for maintenance of buildings is a regular process to keep the buildings in liveable and hygenic condition. The work in various buildings/ quarters of the Station and allotments have been carried out as per the scale, authorities and guidelines mentioned in DWP 2020, Scale of Accommodation 2009/2022/AP 2501 Volume I & ll and other publications/ authorities issued from time to time by Government of India and Indian Air Force. Since the information sought is voluminous in nature and no public interest is discernible from the application, it was rightly denied by CPIO under Section 7 (9) of the RTI Act, 2005.Page 4 of 6
5.AND WHEREAS, the aforesaid decision is supported by the CIC ruling in the case No. CIC/OP/N/2009/000204-AD dated 12 Jan 10, the Hon'ble CIC held that, "......As for information having been denied since it is voluminous, the Commission holds that Section 7 (9) of the Act does not allow denial of information but denial of providing the same in the form in which it has been sought in the event this leads to disproportionate diversion of resources of the Public Authority..."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
A written submission dated 27.01.2025 filed by the respondent is taken on record. Relevant extracts of the same are reproduced below for reference:
"...5. Submission by CPIO on Second Appeal
(a) The appellant had sought various details/ queries/ reasons mentioning specific things and the station administration does not hold the data in that format. The compilation of such huge data from various sources would have diverted the resources of the station administration. Hence, CPIO and FAA have rightly replied within the ambit of RTI Act, 2005.
(b) The appellant is a serving air warrior and required information can be obtained by him through various administrative offices of station and MES authorities. It appears that the provisions of RTI Act, 2005 are being used by the air warrior to pressurize the station administration for personal motives. There is no public interest involved in the queries being raised by him."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Shri M K Singh, CPIO along with Shri DK Yadav, AFSSR present in person.
The respondent while reiterating the contents of his written submission stated that appellant being a serving officer of their organization sought such a voluminous indeterminate information for his personal vengeance as he himself was at fault by unauthorizedly withholding the occupation of government accommodation for more than two years. He vacated the same Page 5 of 6 after receipt of reminders from the Respondent Public Authority. Even otherwise, the information sought by the appellant is not available in consolidated form, collation and compilation of the same would divert the resources of the organization, therefore, the reply has been given to the appellant, accordingly. He added that copy of averred written submission has already been provided to the appellant. Decision:
The Commission after adverting to the facts and circumstances of the case and perusal of the records finds no infirmity in the replies furnished by the Respondent earlier and now vide written submission dated 27.01.2025, as the same were found to be in consonance with the provisions of the RTI Act. Moreover, the Appellant neither appeared during hearing to convert the submissions of the Respondent nor filed any counter arguments to agitate the matter further.
Intervention of the Commission is not warranted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
Indian Air Force Air Head Quarter (Vayu Bhawan) Rafi Marg, New Delhi - 110106 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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