Central Information Commission
Mr.Sudhir Chopra vs Ministry Of Defence on 27 September, 2012
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2011/000613
Appellant : Sudhir Chopra
Respondent : Directorate General of Defence Estates
Date of hearing : 27.9.2012
Date of decision : 27.9.2012
FACTS
Heard today dated 27.9.2012. Appellant not present but is represented by his daughter-in-law Ms. Arti Gupta. The public authority is represented by Shri Rajesh Kumar Sah, Under Secretary. The parties are heard.
2. The matter, in short, is that vide letters dated 5.8.2011 and 9.8.2011, the appellant had sought copies of the file notings / correspondence made in the DGDE file (including the notings of the Defence Secretary) regarding the disposal of representations made by the appellant regarding his ACRs for the years 2009-10 and 2006-07. The CPIO had refused to disclose this information under clauses (e) & (j) of section 8 (1) vide letter dated 9.9.2011. Hence, the present appeal.
3. It may be apt to mention that the appellant is seeking information about the representations made by him regarding his own ACRs. He is not seeking information regarding ACRs of any third party. Besides, he has since retired from service. In the facts and circumstances of the case, in my opinion, denial of information under clauses (e) & (j) of section 8 (1) cannot be said to be justified. Transparency demands that he be supplied copy of the requested information. However, the CPIO will be at liberty to apply severability clause u/s 10 (1) of the RTI Act to obliterate the names and designations of the officers / officials who made notings in the file. The appellant will pay for information as per rules.
4. This order may be complied with in 04 weeks time.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K L Das) Dy. Registrar Address of parties
1. The CPIO M/o Defence, DGDE/ Admn.
Southern Command, Pune - 411001
2. Shri Sidhir Chopra E-103, Kalkaji, New Delhi-110019