Central Information Commission
Shri S Nitin Pratap Singh vs Indian Army on 19 June, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मनु नरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File Nos: CIC/IARMY/A/2022/139336, CIC/IARMY/A/2023/112429
CIC/IARMY/A/2023/122163, CIC/DODEF/A/2023/126349,
CIC/IARMY/A/2023/130948 and CIC/DPTMA/A/2023/125004
Nitin Pratap Singh .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
O/O THE INDIAN ARMY,
RTI CELL, ADG(AE) G-6,
D-1 WING, SENA BHAWAN,
GATE NO.4, IHQ OF MOD (ARMY)
NEW DELHI-110011
CPIO,
RTI Cell, Addl. DG/AE, G - 6,
D - 1 Wing, IHQ of MoD (Army),
New Delhi -110011.
CPIO,
Department of Military Affairs,
104, -110010, Cavalry Road, Maude Lines,
Delhi Cantonment, New Delhi- 110010.
CPIO,
Department of Military Affairs (DMA)
Ministry ofDefence South Block,
New Delhi - 110001. ....प्रनर्वािीगण /Respondent
Date of Hearing : 03-06-2024
Date of Decision : 13-06-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Page 1 of 14
Relevant facts emerging from appeal:
RTI application filed on : 11.03.2022, 03.10.2022, 24.01.2023,
22.03.2023, 24.04.2023, 24.02.2023,
CPIO replied on : 22.06.2022, 21.10.2022, 22.02.2023,
21.04.2023, 04.05.2023,
First appeal filed on : 06.04.2022, 02.11.2022, 08.03.2023,
30.04.2023, 20.05.2023, 31.05.2023,
First Appellate Authority's order : 24.11.2022, 05.05.2023
2nd Appeal/Complaint dated : 18.07.2022, 16.03.2023, 17.05.2023,
14.06.2023, 19.07.2023, 06.06.2023
The above-mentioned appeals are clubbed together as the Appellant is
common and subject-matter is similar in nature and hence are being heard
together and disposed of through a common order to avoid multiplicity of
proceedings.
CIC/IARMY/A/2022/139336
Information sought:
The Appellant filed an RTI application dated 11.03.2022 seeking the following information:
"Under section 6 of the RTI Act of 2005, kindly provide certified legible copy of the following point wise information:
1) With reference to the Complaint filed by Mr. Nitin Pratap Singh vide letters NPS/Corres/1 dated 16th April 2021, NPS/Corres/2 dated 28th July 2021, NPS/Corres/3 dated 7th September 2021, NPS/Corres/4 dated 5th November 2021, NIS/Corres/5 dated 21st November 2021,NPS/Corres/6 dated 28th December 2021 and NPS/Corres/7 dated 29th December 2021 NPS/Corres/8 Dated 29th January 2022, NPS/Corres/9 Dated 15th February 2022 NPS/Corres/10 Dated 3rd March 2022, NPS/Corres/11 Dated:9th March 2022 written to the Chief of the Army Staff New Delhi Letters dated 20.2.2022, 21.2.2022, 26.2.2022, 2.3.2022, 3.3.2022,7.3.2022, 10.3.2022 written to the Welfare Officer HQ Southern Command; kindly provide me with following point wise duly segregated information:
A) Complete File Noting's, Page 2 of 14 B) Complete Action Taken Noting's, C)All the Correspondence received and dispatched, D)All the Comments, E) Action taken report, (F) Inquiry proceedings with all its annexures, (G) Investigation Report, H) Summary of Evidence, I) Opinions/findings/recommendations at the following offices:
a) Judge Advocate General at Army Headquarters Delhi/HQ Northern Command/HQ 14 Corps/HQ 16 Corps/HQ Southem Command/The Headquarters Maharashtra Gujarat and Goa Area/Pune Sub Area.
b) D&V at Army Headquarters Delhi/HQ Northern Command/HQ 14 Corps/HQ 16 Corps/HQ 3 Infantry Div/HQ 25 Infantry Div/HQ Southern Command/The Headquarters Maharashtra Gujarat and Goa Area/Pune Sub Area.
c) Officers at Army Headquarters Delhi/HQ Northern Command/HQ 14 Corps/HQ 16 Corps/HQ 3 Infantry Div/HQ 25 Infantry Div/HQ Southern Command/The Headquarters Maharashtra Gujarat and Goa Area/Pune Sub Area/Welfare Office HQ Southern Command.
d) General Officer Commanding in Chief Northern Command and General Officer Commanding in Chief Southem Command.
e) Adjutant General and Officers of Adjutant General's Branch
f) Additional Director General Vigilance of Chief of Army Staff Secretariat and Officers of Additional Directorate General of Vigilance C/o Chief of Army Staff Secretariat.
g) Officers of Chief of Army Staff Secretariat
h) Chief of the Army Staff."Page 3 of 14
The CPIO vide letter dated 22.06.2022 provided reply to the appellant stating as under:
"It is intimated that the complaint letters referenced in para 1 of your RTI application have not been received by PIO, HQ 3 Inf Div. Thus, it is not possible to ascertain the context and nature of the information asked by you. Moreover, the scope of the information asked by you is generic and not specific in nature.
Therefore, you are requested to mention in your RTI Application specific information being sought from HQ 3 Inf Div."
Not satisfied with the reply, the appellant filed a First Appeal dated 06.04.2022. The FAA's order is not on record.
CIC/IARMY/A/2023/112429 Information sought:
The Appellant filed an RTI application dated 03.10.2022 seeking the following information:
"Complaint filed by Mr. Nitin Pratap Singh vide Complaint dated 3rd April 2022 on Chief of the Army Staff WhatsApp helpline number 96433 00008 and assigned Gid Number 3971 and Complaint through letter number NPS Corres A1 2022 dated 23rd May 2022 filed through Registered Post with the Chief of the Army Staff at New Delhi kindly provide me with following point wise duly segregated information:
1. A Complete File Noting's B Complete Action Taken Nothing C All the Correspondence received and dispatched D All the Comments E Action taken report F Inquiry proceedings with all its annexures G Investigation Report H Summary of Evidence I Opinions and findings and recommendations At the following offices
2. a Judge Advocate General at Army Headquarters Delhi Page 4 of 14 b D and V at Army Headquarters Delhi c Officers at Army Headquarters Delhi d Adjutant General and Officers of Adjutant Generals Branch e Additional Director General Vigilance of Chief of Army Staff Secretariat and Officers of Additional Directorate General of Vigilance Chief of Army Staff Secretariat Delhi f Officers of Chief of Army Staff Secretariat Delhi g Chief of the Army Staff h. And from other offices as applicable where the complaint was marked by the Chief of the Army Staff for taking necessary action as per the Army Act of 1950 Army Rules of 1954 and other Army Regulations as applicable in such matters."
The CPIO furnished a reply to the Appellant on 21.10.2022 stating as under:
"2. It is intimated that information is not maintained in the format as sought by you. Further, Pio is not obliged for creation/collation of information to provide as the gathering and compiling of the same will disproportionately divert the time/resources of this office/offices concerned. The same is disposed off under Section 7 (9) of RTI Act 2005. Further, it is also intimated that follow up of complaints are not tenable under RTI Act 2005 and cannot be replied/ processed under RTI Act 2005."
Being dissatisfied, the appellant filed a First Appeal dated 02.11.2022. The FAA vide its order dated 24.11.2022, held as under:-
"4. AND NOW THEREFORE, after having perused all the records and after hearing views of the nodal officer, I find that reply provisioned to the appellant by the CPIO vide RTI Cell letter No A/810027/RTI/OL-75666 dated 21 Oct 2022 is not appropriate. I, further direct CPIO to obtain appropriate reply from concerned agency of Integrated Headquarters of Ministry of Defence (Army) and provision the same to the appellant within two weeks on receipt of this order."
CIC/IARMY/A/2023/122163 The Appellant filed an RTI application dated 24.01.2023 seeking the following information:
"1). Under section 6 of the RTI Act of 2005 kindly provide certified legible copy of the point wise information with reference to the Complaints Number:
a) NPS/Corres/November/2022 dated 15th November 2022, Page 5 of 14
1) NPS/Corres/December/2022 dated 15th December 2022,
c) NPS/Corres/January/2023 dated 15th January 2023 addressed to Shri Rajnath Singh, Hon. Union Minister for Defence, Govt of India,104, South Black New Delhi-1 and filed by Mr. Nitin Pratap Singh through Registered Post.
2)That is following point wise information duly segregated A Complete File Noting's B Complete Action Taken Noting's C All the Correspondence received and dispatched D All the Comments E Action taken report F Inquiry proceedings with all its annexures G Investigation Report H Summary of Evidence I Opinions and findings and recommendations A Hested from the offices where the complaints were marked by the Hon. Union Minister for Defence for taking necessary action as per the Army Act of 1950."
The CPIO furnished a reply to the Appellant on 22.02.2023 stating as under:
"2. It is intimated that no specific information as defined in section 2 (f) of RTI Act 2005 has been sought by you. Information sought by you is a complaint or its follow up which cannot be processed under RTI Act 2005. RTI mechanism is meant to provide only such information which already exists and is held by the public authority or held under the control of the public authority and sought for in clear terms. In this connection please refer to CIC decision No CIC/POWER/A/2017/105911 dated 01 Dec 2017 & CIC/CCCEC/A/2018/61528- BJ dated 31 Oct 2019.
3. It has been observed that you have filed more than 07 RTI applications on either similar or related issues. It has been our endeavor to dispose of most of the applications by provisioning of reply received from concerned directorates of this HQ. However, it seems that despite having received/ collected maximum of desired information through RTI channel, you have been filing RTIS on repeated/ similar subjects which leads to diversion of the resources and wasting of the precious time of public authority. Moreover, from the content of your queries, it is clear that RTI channel is being used for redressal of personal grievances."Page 6 of 14
Being dissatisfied, the appellant filed a First Appeal dated 08.03.2023 The FAA vide its order dated 03.05.2023, held as under:-
"2. AND WHEREAS, the CPIO at Integrated Headquarters of MoD (Army), vide their letter No A/810027/RTI/OL-77709 dated 22 Feb 2023 has provisioned reply to the said application.
3. AND WHEREAS, aggrieved by the response of the PIO at Integrated Headquarters of MOD (Army), Shri Nitin Pratap Singh preferred an appeal dated 08 Mar 2023, under the provisions of section 19 (1) of the said Act, stating that he is not satisfied with the information provided as requested vide his application dated 03 Feb 2023.
4. AND NOW THEREFORE, after having perused all the records and after hearing views of the nodal officer, I find that complete details of the case could not be ascertained in the absence of a copy of the letter No NPS/Corres/November/2022 dated 15 Nov 2022. I, therefore, uphold the decision of the CPIO. I further direct the appellant to process a fresh RTI application with all relevant details."
CIC/DODEF/A/2023/126349 The Appellant filed an RTI application dated 22.03.2023 seeking the following information:
"1) Under section 7 (1) of the RTI Act of 2005 kindly provide carted legible copy of the point wise information with reference to the Complaint Number:
a) NPS/Corres/March/2023 dated 11th March 2023 addressed to Shri Rajnath Singh, Hon. Union Minister for Defence, Govt of India,104, South Block New Delhi-1 and filed by Mr. Nitin Pratap Singh through Registered Post.
2). That is following point wise Information duly segregated A Complete File Noting's B Complete Action Taken Noting's C All the Correspondence received and dispatched D All the Comments E Action taken report F Investigation Proceedings with all the annexures G Investigation Report H Inquiry proceedings with all its annexures I Summary of Evidence Page 7 of 14 J Name of the officers with designation who conducted the investigation, Inquiry, Summary of Evidence and the specific dates and place where the Investigation, Inquiry and summary of Evidence was conducted.
from the offices where the complaints were marked by the Hon. Union Minister for Defence for taking necessary action as per a For compliance of the letter No 79333/AG/DV-1 (P) dt 03 Nov 2000 of HQ of MOD (Army) Additional Directorate General Discipline and Vigilance, b Army Order AD 4/2000, C the Army Act of 1950, d Army Rules of 1954 and E other Defense Service Regulations Army as applicable In such matters."
The CPIO furnished a reply to the Appellant on 21.04.2023 stating as under:
"2. It is informed that your RTI application was transferred to MoD/D(RTI) as it was addressed to MoD. However, MoD has sent the same back to this office, on close scrutiny of the queries it has been observed that you have already filed similar RTI application with almost same queries which have already been replied vide this office letter No A/810027/ RTI/OF 78031 dated 13 Apr 2023. Further you have been filing RTI application related to complaints and personal grievance in past of which 24 applications have been received and are on record with this office.
3. This office have made the endeavour in most of the cases to provision reasonable information within the ambit of RTI while disposing your RTI case. However, it has been observed on numerous occasions that RTI is being misused as a tool to settle personal grievance/complaints which is beyond the mandate of RTI Act 2005 and serves no larger public interest.
4. It is informed that in this RTI application also no specific information as defined in section 2 (f) of RTI Act 2005 has been sought by you other than following up of personal complaint. It is intimated that personal complaints are not tenable under RTI. Moreover, copy of complaint is neither found enclosed nor received earlier also by this office. You are hereby advised to approach the concerned office directly for seeking redressal to personal complaints (if any). However, the related AO / Army Act/Army Rules / DSR as sought have already been provision vide this office letter mentioned at Para 2 above."
Being dissatisfied, the appellant filed a First Appeal dated 30.04.2023 The FAA order is not on record.
CIC/IARMY/A/2023/130948 Page 8 of 14 The Appellant filed an RTI application dated 24.05.2023 seeking the following information:
"1) Under section 7 (1) of the RTI Act of 2005 kindly provide carted legible copy of the point wise information with reference to the Complaint Number:
a) NPS/Corres/March/2023 dated 11th March 2023 addressed to Shri Rajnath Singh, Hon. Union Minister for Defence, Govt of India,104,South Block New Delhi-1 and filed by Mr. Nitin Pratap Singh through Registered Post.
2). That is following point wise Information duly segregated A Complete File Noting's B Complete Action Taken Noting's C All the Correspondence received and dispatched D All the Comments E Action taken report F Investigation Proceedings with all the annexures G Investigation Report H Inquiry proceedings with all its annexures I Summary of Evidence J Copy of the Convening order of the inquiry/Investigation.
K Name of the officers with designation who conducted the investigation, Inquiry, Summary of Evidence and the specific dates and place where the Investigation, Inquiry and summary of Evidence was conducted. L Opinions and findings and recommendations from the offices where the complaints were marked by the Hon. Union Minister for Defence for taking necessary action as per a For compliance of the letter No 79333/AG/DV-1 (P) dt 03 Nov 2000 of HQ of MOD (Army) Additional Directorate General Discipline and Vigilance, b Army Order AD 4/2000, C the Army Act of 1950, d Army Rules of 1954 and E other Defence Service Regulations Army as applicable In such matters."
The CPIO furnished a reply to the Appellant on 04.05.2023 stating as under:
"In this connection your attention is drawn towards this office letter No A/810027/RTI/TFR 78828 dated 21 Apr 2023, vide which information pertaining to your queries has already been provided."Page 9 of 14
Being dissatisfied, the appellant filed a First Appeal dated 20.05.2023 The FAA order is not on record.
CIC/DPTMA/A/2023/125004 The Appellant filed an RTI application dated 24.02.2023 seeking the following information:
1). Under section 7(1) of the RTI Act of 2005 kindly provide certified legible copy of the point wise information with reference to the Complaint Number:a).
NPS/Corres/February/2023 dated 15th February 2023. addressed to Shri Rajnath Singh, Hon. Union Minister for Defence, Govt of India,104, South Block New Delhi.
1 and filed by Mr. Nitin Pratap Singh through Registered Post.
2)That is following point wise information duly segregated A Complete File Noting's B Complete Action Taken Noting's C All the Correspondence received and dispatched D All the Comments E Action taken report F Investigation Proceedings with all the annexures G Investigation Report H Inquiry proceedings with all its annexures I Summary of Evidence J Name of the officers with designation who conducted the investigation, Inquiry, Summary of Evidence and the specific dates and place where the investigation, Inquiry and summary of Evidence was conducted. K Opinions and findings and recommendations.
from the offices where the complaints were marked by the Hon. Union Minister for Defence for taking necessary action as per the Array Act of 1950 Army Rules of 1954 and other Army Regulations as applicable in such matters.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 31.05.2023. The FAA's order is not on record.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.Page 10 of 14
Respondent: Shri Tamojeet Biswas, CPIO appeared in person The appellant inter alia submitted that information sought was with reference to the complaints sent by him to Chief of the Army Staff; Welfare Officer, HQ Southern Command; and Shri Raj Nath Singh, Hon'ble Union Minister of Defence, New Delhi. He pleaded that information sought was required to be supplied suo motu as part of mandatory disclosure and the same cannot be denied to him as every complainant is entitled to know the status of his complaints and related papers.
The appellant stated that his RTI applications have been wrongly or mala fidely transferred in contravention of the limitation period given under the proviso to Section 6(3) of the RTI Act of 2005. He also stated that information should be available with the CPIO of IHQ of MoD (Army) and thus, transfer of his RTI applications/first appeals showed their mala fide intention of the concerned CPIOs/FAAs.
In response to the query of the Commission, the appellant informed that his complaints (mentioned in the aforesaid RTI applications) were confidential in nature and he can neither share those complaints letters with respondents nor with the Commission. The appellant contended that the respondents could seek a copy of his complaints referred in the RTI application from the concerned CPIOs/departments where the complaints were sent.
The respondent while defending their case inter alia submitted that they had already provided replies as per the records available with them under the provisions of the RTI Act. They further submitted that copy of the complaints which were referred in the RTI applications were not available with them as the same had not been enclosed with the RTI application. Further, the respondent has filed written submission dated 29.05.2024 and relevant paras are reproduced as under:
"8. It is also pertinent to mention that, appellant has filed 28 (Twenty Eight) RTI applications (list enclosed) and 18 (Eighteen) First Appeal (list enclosed) on similar lines with this Cell mostly related to personal grievances & complaints which serve no larger public interest and amounts to using RTI as tool/ mechanism to seek redressal to his personal complaints/ grievances. Out of which 03 (Three) RTI cases were heard by Hon'ble CIC vide fwg cases:-
Ser Decision No Decision of the Hon'ble CIC Page 11 of 14 no. a. CIC/IARMY/A/2020/115812 Time barred b. CIC/IARMY/A/2019/153201 Upheld the decision of the CPIO and Hon'ble CIC warned to the appellant as "He should refrain from using the RTI Act as a tool to settle his personal scores". c. CIC/IARMY/A/2020/114370 Hon'ble CIC directed to provision partial information. Decision of the Hon'ble CIC complied by the CPIO.
10. It is submitted that a well laid channel is available in the organisation to address the complaints/ grievances. Apropos, appellant be advised to desist from misusing the provisions of RTI Act & seek related redressal from concerned administrative authority/ office directly or as per the administrative office procedure.
11. Note: - Most of the RTI applications are related to his complaint filed with various Military Establishment, related to his wife (She is a serving Lt Col in Indian Army and she has got divorce decree on 21 Feb 2023 by Pune Family Court). Copy of 204 Pet Pl letter No 74282/Pers dt 23 Mar 2023 issued by Lt Col Sandeepika Khara is enclosed stating "with promulgation of Divorce Decree, Mr Nitin Pratap Singh, is now a legally a third party in any matter related to the undersigned. It is kindly requested that no cognisance of any letter/mail/RTI/Call by Mr Nitin Pratap Singh or his mother Mrs Jatinder Jit Kaur or any of their family member be taken" (at Para 4 of ibid letter)".
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the respondents have replied the RTI applications as per records available with them vide their letters dated 22.06.2022, 21.10.2022, 22.02.2023, 21.04.2023, 04.05.2023. The respondent CPIO who appeared on behalf of IHQ of MoD (Army) during the hearing stated that aforesaid RTI applications were received by him through transfer from other CPIOs. The respondent further informed that the appellant sought various information regarding his complaints addressed to different authorities. However, he has not received copies of the complaints either from the appellant or from the department/CPIOs where the RTI applications were filed. Thus, in the absence of any details of the appellant's complaints, they were not in a position to provide proper information regarding status of his complaints.Page 12 of 14
It is noted that the appellant has not enclosed copy of his complaints sent on CPGRAM along with his aforesaid second appeals. In response to a query of the Commission, the appellant refused to share copy of his complaints even with the Commission for perusal. The appellant failed to substantiate his claim being unable to provide any documentary proof about sending his complaints to the Chief of the Army Staff; Welfare Officer, HQ Southern Command; and Shri Raj Nath Singh, Hon'ble Union Minister of Defence, New Delhi.
In view of the above facts and circumstances of the case, the Commission finds that appropriate replies have been given by the respondents. However, in the interest of justice, if the appellant provides copies of his complaints (referred in the RTI applications) to the respondent within a week from the date of receipt of this order, thereafter, status of those complaints be communicated to the appellant as per the records available with them, free of cost, within four weeks' time from the date of receipt of copies of complaints from the appellant.
The appeals are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार तििारी) Information Commissioner (सूचना आयुक्ि) Authenticated true copy (अभिप्रमाणणर् सत्यापपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Adjutant General's Branch, Integrated Headquarter of MoD (Army), Defence Offices Complex, K G Marg, Room No 407, A Block, 4th Floor, DHQ PO, New Delhi - 110001 Page 13 of 14 Copy To:
The FAA, AG's Branch, Defence Office Complex, KG Marg, A Block, 4th Floor, Integrated HQ of MoD (Army), DHQ PO, New Delhi - 110001.
The FAA INDIAN ARMY RTI CELL, G-6, D-1 WING, SENA BHAWAN, GATE NO.4, IHQ OF MoD(ARMY) NEW DELHI-110011.
The FAA, Department of Military Affairs, 104, Cavalry Road, Maude Lines, Delhi Cantonment, New Delhi- 110010.
The FAA Department of Military Affairs (DMA) Ministry of Defence South Block, New Delhi 110001.
THE FAA DEPARTMENT OF MILLITARY AFFAIRS SOUTH BLOCK, NEW DELHI-1 Page 14 of 14 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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