Central Information Commission
Rakesh Kumar Lavania vs Indian Army on 15 January, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No : CIC/IARMY/A/2022/154979
Rakesh Kumar Lavania .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
Indian Army, Military Engineer
Service, Garrison Engineer
(AF) Admn Area, Gwalior - 474020 ....प्रनर्वािीगण /Respondent
Date of Hearing : 09-01-2024
Date of Decision : 12-01-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 08-06-2022
CPIO replied on : 25-06-2022
First appeal filed on : 30-06-2022
First Appellate Authority's order : 04-08-2022
2nd Appeal/Complaint dated : 22-10-2022
Information sought:
The Appellant filed an RTI application dated 08.06.2022 seeking the following information:
"जी०ई०ई०/एम० एड़म एरिया में आउटसोर्सिंग के ठे के की छायाप्रति (वितमान औि ववगि वर्त) उपलब्ध किाने का कष्ट किें ।
सम्बन्धधि ठे कों में कायतिि कमतचारियों की सूची एवं उनकी शैक्षणिक योग्यिा सम्बन्धधि दस्िावेजों की छायाप्रति उपलब्ध किाने का कष्ट किें ।1
सम्बन्धधि ठे कों में कायतिि कमतचारियों का ई०पी०एफ० (फण्डड़) औि ई०एस०आई० (बीमा) की िार्श काटी गई है अथवा नहीं इसकी छायाप्रति ।"
The CPIO furnished a reply to the Appellant on 25.06.2022 stating as under:
"In this connection this is to inform you that personnel deployed against outsourcing work are performing their duties at various locations of Restricted Area incl technical area at AF Station Gwalior therefore disclosing their identity may lead to security threat to AF Station.
In view of above information asked vide your above referred letter cannot be given in terms of section 8 (a) RTI act 2005."
Being dissatisfied, the appellant filed a First Appeal dated 30.06.2022. The FAA vide its order dated 04.08.2022, held as under:-
"Para 1. Copy of CA cannot be handed over to 3rd Party being Confidential Document as per RTI Section 8 (d).
Para 2. Qualification criteria of the Individual are 'ITI' with 3 years of experience or 07 years of experience, if those individuals have not passed ITI'. However, the identity of the individual cannot be disclosed as per RTI Section 8 (a).
Para 3. EPF & ESFC deduction is being made as per Govt Rules. Copy of ESI & EPI detailed deductions cannot be given as it will reveal identities of employees as per RTI Section 8 (a)"
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through AC Respondent: Mr. Vijender Arya Garrison Engineer, Present through AC The Appellant submitted that he had requested about the information regarding the photocopy of the contract of the outsource staff, their educational qualification etc, from MES Garrison Engineer, Gwalior. He claimed that the information has been wrongly denied on the pretext of Section 8(1)(a) of the RTI Act.2
The Respondent in reply stated that information asked in point No. 1, being a confidential document cannot be handed over. On point No. 2, identity of the individuals cannot be disclosed as per Section 8 (1)(a) of the RTI Act. On point No. 3 detailed deductions cannot be given as it will reveal identities of employees.
The Appellant reiterated that the Respondent is wrongly quoting Section 8 of the RTI Act. On point No. 3, reply in either Yes or No would suffice the purpose, he said.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, directs the Respondent to to furnish a revised reply on point No. 1, after redacting the sensitive and confidential information as per the provisions of Section 8 of the RTI Act. On point No. 2, the Respondent is directed to furnish an updated reply using the accurate provision of the RTI Act. (quoting the correct Section 8(1)(j) instead of section 8(1)(a). On point No. 3, the Respondent is directed to re-examine and furnish a reply either in affirmative or negative.
The aforesaid directions shall be complied within a period of two weeks from the receipt of this order under the intimation to the Commission through the link provided in the hearing notice.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181927 Date 12-01-2024 Sh. Rakesh Kumar Lavania S/o Kashiram Lavania Sudamapuri Colony, Morar, Dist: Gwalior - 474006, Madhya Pradesh.3