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Central Information Commission

Sushil Kumar Parwani vs Military Engineer Services on 3 October, 2018

                                  के ीय सूचना आयोग
                         Central Information Commission
                               बाबा गंगनाथ माग, मुिनरका
                          Baba Gangnath Marg, Munirka
                             नई द ली, New Delhi - 110067


File No. : CIC/MESER/C/2017/606493/SD

Sushil Kumar Parwani                                .... िशकायतकता /Complainant

                                       VERSUS
                                       बनाम
CPIO,
Chief Engineer
R & D Military Engineer Service,
Picket,
Secunderabad-500003.                                ... ितवादीगण /Respondents

RTI application filed on           :   07/07/2016
CPIO replied on                    :   15/07/2016
First appeal filed on              :   NA
First Appellate Authority order    :   NA
Complaint dated                    :   14/10/2017
Date of Hearing                    :   03/10/2018
Date of Decision                   :   03/10/2018

Information sought

:

The Complainant sought information in the context of disciplinary proceedings initiated against him vide MOD letter no. C-13011/9/2008/D (Vig) dated 09.09.2014 in which Devendra Kumar, CE was appointed as inquiry officer in terms of the date on which said officer received letter of his appointment as Inquiry Officer; if copy of chargesheet was received with the letter etc. Grounds for the Complaint:
The CPIO has not provided the desired information.
1
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Present through VC.
Respondent: Suresh Kumar, Director (Legal) & CPIO, O/o Chief Engineer, R & D Military Engineer Service, Picket, Secunderabad present through VC.
Commission remarked at the outset that the RTI Application under reference is ab initio defective as it has been addressed to a particular officer who is not even holding the post of CPIO to interrogate the said officer over certain individual actions taken by him by virtue of being an Inquiry Officer in a disciplinary proceeding ordered against the Complainant. Commission apprised the Complainant that RTI Applications cannot be filed in the form of correspondences with each and every employee of a public authority, and that the RTI Application ought to be addressed to the CPIO or CAPIO as per the provisions of Section 6(1) of RTI Act.
Complainant objected to the observations of the Commission to state that he filed a subsequent RTI Application dated 07.08.2016 and that it should be taken into consideration.
Decision Commission summarily rejects the plea of the Complainant as in the grounds of Complaint no mention of a RTI Application dated 07.08.2016 has been made rather Complainant has raised his grievances against the Inquiry Officer under the garb of seeking information under RTI Act. No action is warranted in the matter.
The complaint is accordingly dismissed.



                                         Divya Prakash Sinha ( द   काश िस हा )
                                       Information Commissioner ( सूचना आयु )




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                                  File No. : CIC/MESER/C/2017/606493/SD

Authenticated true copy
(अ भ मा णत स या पत        त)


Haro Prasad Sen
Dy. Registrar
011-26106140 / [email protected]
हारो साद सेन, उप-पंजीयक
 दनांक / Date




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