Central Information Commission
Naresh Kumar Gurjar vs Army Hq on 9 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/ARMHQ/C/2024/609288
Naresh Kumar Gurjar ....िशकायतकता /Complainant
VERSUS
बनाम
CPIO,
RTI Cell, Addl. DG AE, G 6 D
1 Wing, Integrated Headquarter
of MoD (Army) Sena Bhawan,
Gate No 4, New Delhi - 110011 .... ितवादीगण /Respondent
Date of Hearing : 19.08.2025
Date of Decision : 08.09.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 28.11.2023
CPIO replied on : 22.12.2023
First appeal filed on : 10.01.2024
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 02.03.2024
Information sought:
1. The Complainant filed an RTI application dated 28.11.2023 (offline) seeking the following information:
"Kindly refer to the army No. 10228865K GRENADIER NARESH KUMAR GURJAR 118TA infantry battalion Annadel Shimla Himachal Pradesh Pin- 171003 1. I am an LMC JAWAN and I am unwell.Page 1 of 6
Whether to do the BPET, PPT, DRILL, and FIRING is mandatory for unwell jawans?
If not, then why BPET, firing was done? and what wrong did the LMC jawan do that Major Upendra Singh Bhandari & Major Amit Nagarkar called him Bhim Virisingh, put the tire of the car around his neck and drove him around for 1 hour?
Was the LMC jawan given notice first as to why the punishment was being given?
Information: Life or personal freedom of LMC jawan is respected; please inform within 48 hours, it will be your great pleasure.
Please intimate me for any additional payments to be made for above information."
2. The CPIO furnished a reply to the complainant on 22.12.2023 stating as under:
"Reference your online RTI application dated 01 Dec 2023 received at this office on 15 Dec 2023.
It is intimated that no specific information as defined in section 2 (f) of RTI Act 2005 has been sought by you. Your request for information amounts to seeking clarification on the personal grievances which is out of purview of RTI Act 2005 and PIO is not obliged to provide the same. It is clarified that only such information can be supplied under the Act which already exists and is held by the public authority and sought for in clear terms. However you are informed to seek related assistance from governing administrative authority or seek redressal as per existing administrative provisions. Moreover, your RTI application is being forwarded to Stn HQ Shimla and 118 Inf Bn (TA) for their necessary action (if any).
This disposes your RTI application mentioned at Para 1 above."Page 2 of 6
3. Being dissatisfied, the complainant filed a First Appeal dated 10.01.2024. The FAA order is not on record.
4. Feeling aggrieved and dissatisfied, Complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Present through video conference. Respondent: Brig. J.M. Sharma, CPIO HQ, appeared in person.
5. Proof of having served a copy of Complaint on Respondent while filing the same in CIC on 02.03.2024 is not available on record. The Respondent confirmed non-service.
6. The Complainant inter alia submitted that he was not satisfied with the replies given by the Respondent Authorities.
7. Col. K S Gill, CPIO, HQ of MoD (Army) vide letter dated 07.08.2025 filed a written submission explaining the facts of the case and contents of the same are reproduced as under:
"1. Brief of the Case. The appellant Shri Naresh Kumar Gurjar had filed a RTI application seeking clarification whether BPET, PPT, Drill and Firing is mandatory for a soldier who is unwell.
2. Application under RTI. Appellant's initial RTI application dt 01 Dec 2023 related to seeking clarification whether BPET, PPT, Drill and Firing is mandatory for a soldier who is unwell was received at this Cell on 15 Dec 2023. Case was disposed of under Section 2 (f) of RTI Act 2005 by this RTI Cell vide letter No. A/810027/RTI/OL_84003 dt 22 Dec 2023 since the applicant was seeking clarification on personal grievances which is out of purview of RTI Act 2005. Simultaneously, the RTI application dt 01 Dec 2023 was forwarded to Stn HQ Shimla and 118 Inf Bn (TA) on 22 Dec 2023 for their necessary action including direct reply (if any) to the applicant (copy enclosed at Appendix A).
3. First Appeal. Being dissatisfied with disposal of the CPIO, appellant filed First Appeal dt 10 Jan 2024, which was received at this Cell on 20 Jan 2024. The same was heard by the First Appellate Authority (FAA) on 06 Feb 2024, wherein FAA observed that, appropriate reply has already been provisioned Page 3 of 6 to the appellant by the CPIO and upheld the decision of the CPIO. Further, FAA directed CPIO to transfer the initial application and first appeal to Stn HQ Shimla vide Speaking Order No. B/87008/AG/PM/RTI-6727 dt 06 Feb 2024 (copy enclosed at Appendix B). Accordingly, initial RTI and First Appeal was transferred to Stn HQ Shimla vide this RTI Cell letter No. A/810027/RTI/OL_84003-6727 (Appeal) dt 08 Feb 2024 and order of FAA was complied (copy enclosed at Appendix C).
4. Notice of Hearing. Notice of hearing for Second Appeal was received at this RTI Cell office on 06 Aug 2025 and the same has been listed for hearing on 19 Aug 2025 at 1035 hrs.
5. Moreover, PIO (RTI), Stn HQ Shimla is being intimated to attend the scheduled hearing at 1035hrs on 19 Aug 2025.
6. Submission/Recommendation. It is submitted that the case has appropriately been transferred by this Cell to PIO (RTI), Stn HQ Shimla vide letters mentioned at Para 3 & 4 above. Hence, it is requested that this RTI Cell may please be exempted from attending the CIC hearing scheduled at 1035hrs on 19 Aug 2025 being a transfer case
7. It is also intimated that a copy of this submission is being sent through e- mail on appellant's e-mail id."
8. Further, Brig. J.M. Sharma, CPIO HQ, while defending their case inter alia submitted that they had filed detailed written submissions dated 14.08.2025 disclosing complete facts of the case and requested the Commission to place the same on record, copy of the same was sent to the Complainant. The relevant paras of the written submission are reproduced as under:
"1. Please refer the following:-
(a) Hon'ble CIC Notice No CIC/ARMHQ/C/2024/609288 dt 10 Jul 2025.
(b) This RTI Celt letter/submission No A/810027/RTI/OF_84003-6727 (CIC- 1624) dt 07 Aug 2025 which may please treated as cancelled.
2. Brief of the Case. The appellant Shri Naresh Kumar Gurjar had filed a RTI application seeking clarification whether BPET, PPT, Drill and Firing is mandatory for a soldier who is unwell.
3. Application under RTI. Appellant's initial RTI application dt 01 Dec 2023 related to seeking clarification whether BPET, PPT, Drill and Firing is Page 4 of 6 mandatory for a soldier who is unwell was received at this Cell on 15 Dec 2023. Case was disposed of under Section 2 (f) of RTI Act 2005 by this RTI Cell vide letter No. A/810027/RTI/OL_84003 dt 22 Dec 2023 since the applicant was seeking clarification on personal grievances which is out of purview of RTI Act 2005. Simultaneously, the RTI application dt 01 Dec 2023 was forwarded to Stn' HQ Shimla and 118 Inf Bn (TA) on 22 Dec 2023 for their necessary action including direct reply (if any) to the applicant (copy enclosed at Appendix A).
4. First Appeal. Being dissatisfied with disposal of the CPIO, appellant filed First Appeal dt 10 Jan 2024, which was received at this Cell on 20 Jan 2024. The same was heard by the First Appellate Authority (FAA) on 06 Feb 2024, wherein FAA observed that, appropriate reply has already been provisioned to the appellant appellant by the CPIO and upheld the decision of the CPIO. Further, FAA directed CPIO to transfer the initial application and first appeal to Stn HQ Shimla vide Speaking Order No. B/87008/AG/PM/RTI-6727 dt 06 Feb 2024 (copy enclosed at Appendix B). Accordingly, initial RTI and First Appeal was transferred to Stn HQ Shimla vide this RTI Cell letter No. A/810027/RTI/OL_84003-6727 (Appeal) dt 08 Feb 2024 and order of FAA was complied (copy enclosed at Appendix C).
5. Notice of Hearing. Notice of hearing for Second Appeal was received at this RTI Cell office on 06 Aug 2025 and the same has been listed for hearing on 19 Aug 2025 at 1035 hrs.
6. Submission/ Recommendation. It is submitted that the case was appropriately transferred by this Cell to PIO (RTI), Stn HQ Shimla vide letters mentioned at Para 3 & 4 above. However, on receipt of CIC notice dt 28 Jul 2025, RTI Cell, IHQ of MoD(Army) contacted Stn HQ Shimla & 118 Inf Bn (TA) to confirm the action taken on First Appeal dt 10 Jan 2024. It has been learnt that the Stn HQ Shimla transferred First Appeal to 118 Inf Bn (TA) on 12 Feb 2024. Further, 118 inf Bn (TA) Investigated the allegations made by the appellant in the initial RTI and fwd a suitable reply to the appellant vide their letter No 10228865K/RTI/A1 dt 07 Mar 2024 (copy enclosed at Appendix D)
7. It is also intimated that a copy of this submission is being sent through e- mail on appellant's e-mail id."
Decision
9. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the Page 5 of 6 Complainant sought clarifications regarding mandatory nature of BPET, PPT, Drill and Firing for an unwell/LMC jawan and also raised grievances about alleged ill-treatment. The CPIO vide reply dated 22.12.2023 informed the Complainant that no specific "information" as defined under Section 2(f) of the RTI Act was sought. It was clarified that his queries were in the nature of grievance redressal/clarification, which do not fall within the purview of the RTI Act.
10. The queries raised by the Complainant essentially relate to grievance redressal and clarifications, which fall outside the ambit of "information" under Section 2(f) of the RTI Act, 2005. The Respondent CPIO has provided a categorical reply within time, and subsequently the matter was also transferred to the concerned Station HQ/Unit, which has provided further response to the Complainant. No mala fide or deliberate denial of information is made out in the present case. Accordingly, the Commission finds no further intervention warranted under the RTI Act.
The Complaint is dismissed 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:
The FAA, Provost Marshal and Appellant Authority Office, Adjustant General's Branch, Integrated HQ Of MoD (Army), Defence Offices Complex, KG Marg, A Block, DHQ PO - New Delhi - 110001 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)