Central Information Commission
A K Shukla vs Indian Army on 4 May, 2026
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No:
CIC/ARMHQ/A/2024/134736
CIC/IARMY/A/2024/133778
CIC/IARMY/A/2024/133962
CIC/IARMY/A/2024/134583
CIC/IARMY/A/2024/133013
CIC/ARMHQ/A/2024/133252
CIC/DODEF/A/2024/132603
A K Shukla ....अपीलकता/Appellant
VERSUS
बनाम
The CPIO .... ितवादीगण /Respondent
1. RTI Cell, 2. The CPIO
Addl DG AE, G-6 D-1 Wing, HQ Northern Command,
IHQ of MoD (Army), Sena Bhawan, Pin-908545, C/o 56 APO
New Delhi-110011
3. The CPIO 4. The CPIO
GS (Edn) Branch, Hq 8 Mtn Division,
HQ 14 Corps, Pin 908408 C/o 56 APO
Pin 908514, C/o 56 APO
Date of Hearing : 27.04.2026
Date of Decision : 30.04.2026
INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL
The above mentioned second appeals are clubbed together as the appellant &
respondents are common and subject-matter is similar in nature and hence are being
disposed of through this common order.
Page 1 of 30
Relevant facts emerging from Second Appeals:
Case No Date of RTI CPIO Reply First Appeal FAA Order Second Appeal
Dated Dated
134736 22.06.2024 13.08.2024 02.08.2024 05.10.2024 30.10.2024
19.08.2024
133778 22.06.2024 24.08.2024 02.08.2024 29.08.2024 23.10.2024
13.09.2024
133962 22.06.2024 24.08.2024 02.08.2024 29.09.2024 24.10.2024
13.09.2024
134583 22.06.2024 24.08.2024 02.08.2024 29.08.2024 30.10.2024
13.09.2024
133013 22.06.2024 24.08.2024 02.08.2024 04.09.2024 16.10.2024
133252 22.06.2024 25.07.2024 02.08.2024 29.08.2024 16.10.2024
02.08.2024
12.09.2024
132603 10.06.2024 26.06.2024 15.07.2024 02.08.2024 11.10.2024
09.08.2024
1. Second Appeal: CIC/ARMHQ/A/2024/134736
Information sought:
The appellant filed an RTI application dated 22.06.2024 seeking following information:
" 1) Refer convening order No 1563/C of l/A1 dated 09 Oct 2022 of HQ 8 Mtn Div.
2) Cancellation order of HQ 8 Mtn Div issued vide letter No 1563/C of I/A1 (PC) dated 27 Dec 2023 (copy att).
INFORMATION REQUESTED UNDER RTI ACT
3) You are, therefore, requested to kindly provide the undersigned with the following information
a) PI provide Data in respect of the cancellation of Court of Inquiry despite complainant being given multiple chances and complainant also being absent on 26 Oct 2022, 21 Nov 2022 and 22 Nov 2022 at VC from Hisar. How many Cols have been Page 2 of 30 cancelled in the HQ Northern Comd (DV) and HQ 14 Corps (DV) due to inability of the complainant to depose. The time period for which the data sought is from 01 Jan 2022 till 31 May 2024."
The CPIO, IHQ of MoD (Army) transferred the RTI application to HQ Central Command and HQ UB Area vide letter dated 08.07.2024.
However, the CPIO, HQ Northern Command furnished a reply to the appellant on 13.08.2024 stating as under:
"1) Refer your RTI application number AKS/RTI/08 dt 22 Jun 2024 received by this office through vide RTI Cell, IHQ of MoD (Army) letter No A/810027/RTI/TFR 88902 dt 02 Jul 2024 by this office on 18 Jul 2024.
2) Para wise information as asked vide your application under reference is as under -
a) Para 3 (a) :
i) The subject information is exempted under provisions of Sec 8
(h) of the RTI Act 2005.
ii) The subject information is exempted under provisions of Sec 8
(j) of the RTI Act 2005, as it pertains to seeking information regarding investigations conducted/ in progress in r/o.other serving personnel. Owing to the same, the ibid information is also exempted under provisions of Sec 11 of the RTI Act 2005, being a 'Third Part Information'
iii) The time period for which the data sought is from 01 Jan 2022 till 31.May 2024. (No comments)
3) Your ibid RTI application is accordingly disposed off.
Letter by which RTI application was transferred to Northern Command is not available on record.
The CPIO, DV, HQ 14 Corps furnished a reply to the appellant on 19.08.2024 stating as under:
"a) Para 3 (a): The subject information is exempted under provisions of Sac 8(h) dt the RTI Act, 2005, since the applicant himself is the accused in the subject case.
b) Para 3 (b): The subject information is exempted under provisions of Soc 8 1) of the RTI Act, 2005, as it pertains to seeking information regarding investigations conducted/ in progress in r/o other serving personnel. Owing to the same, the ibid information is also exempted under provisions of Sec 11 of the RTi Act. 2005, being a 'Third Party Information.Page 3 of 30
c) Para 3 ( c): No comments."
Being dissatisfied, the appellant filed a First Appeal on 02.08.2024 before IHQ of MOD, which was transferred to the FAA, HQ Central Command and HQ, UB Area on 21.08.2024.
The FAA, HQ Central Command disposed of the First Appeal on 05.10.2024 stating as under:
" WHEREAS, Col AK Shukla preferred RTI application No AKS/RTI/04 dated 22 Jun 2024, received on 18 Jul 2024. In that, applicant had sought information under para 1 & 2 as per queries reproduced below:-
Para 1 A request for Independent Inquiry was submitted by Col AK Shukla duly recommended by his Comdt & MD vide letter No 62805/PC/05 dated 29 Feb 2024 duly recommended by Comdt & MD. This letter was fwd by HQ UB Area (DV) vide their letter No 180104/Comp/Gen/DV-2 dated 16 Mar 2024. Para 2
(a) Pl provide policy which governs the processing of these complaints in a time bound manner.
(b) What is the time limit to process these complaints as per policy in vogue.
(c) PI provide status of the complaint mentioned at para 1.
(d) Pl provide all the noting sheets and any other documents processed/prepared by HQ UB Area (DV) and HQ Central Comd (DV) while processing the complaint mentioned at para 1.
2. AND WHEREAS, Chronological facts of the case are as under:-
(a) The Appellant forwarded RTI application No AKS/RTI/04 dt 22 Jun 2024.
RTI application was recd at this office on 18 Jul 2024 as tfr case through RTI Cell, Addi DG AE, IHQ of MoD (Army) vide letter No A/810027/RTI/Tfr_88872 dt 08 Jul 2024. (b)
(c) The application was processed with the custodian of information, however, pending processing of RTI application with custodian of information an interim reply was forwarded to applicant vide this HQ letter No CC/Edn/RT1/757 dt 13 Aug 2024 (RL No 2479) Appendix A
(d) Meanwhile, appellant has preferred first appeal No AKS/RTI/Appeal (04) dt 02 Aug 2024, received at this office on 23 Aug 2024 through RTI Cell, Addi DG AE, IHQ of MoD (Army) letter No A/810027/RTI/TFR_88872 (Appeal) dt 16 Aug 2024 (Based on Page 4 of 30 the RTI application date when forwarded to the RTI Cell, IHQ of MoD (Army).
(e) On receipt of reply from custodian of information, the same was forwarded to the appellant vide this Headquarters letter No CC/Edn/RTI/757 dt 12 Sep 2024 (RL NO 4194) AND WHEREAS, the point to be seen is as under:
(a) RTI application at para 1 above was recd at this office as transfer case through RTI Cell, IHQ of MoD (Army) on 18 Jul 2024.
(b) The same was processed with custodian of information on 24 Jul 2024.
(c) Meanwhile, as custodian of information took time to reconcile, an interim reply was forwarded by the PIO to the applicant on 13 Aug 2024.
(d) Subsequently, on receipt of information from custodian of information, the information was provided to the applicant vide para 2 (e).
(e) The present first appeal has been initiated based on the RTI application date when forwarded to the RTI Cell, IHQ of MoD (Army).
(1) Therefore, the present first appeal is not maintainable.
4. AND NOW THEREFORE, after having perused all the records, and hearing views of PIO, HQ Central Command, I find that information with regards to Para 1 above has already been provisioned to the appellant by the PIO, HQ Central Command. I also find that RTI application mentioned at Para 1 above has been disposed of by the PIO, HQ Central Command correctly under the provision of RTI Act 2005, since the appeal is not maintainable, reasons given above.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Written submissions dated 22.04.2026 filed by the respondent CPIO, IHQ of MOD is taken on record which states that the appellant, Col. AK Shukla, filed an RTI application seeking information related to policies/status/time limits/noting sheets with respect to his complaint letter dated 29.02.2024. It is stated that the RTI application dated 22.06.2024 was received in this RTI Cell on 28.06.2024 and was transferred to PIO (RTI), HQ Central Command and PIO (RTI), HQ UB Area vide letter dated 08.07.2024. It is stated that the First Appeal dated 02.08.2024 was also transferred to the First Appellate Authority, HQ Central Command and HQ UB Area vide letter Page 5 of 30 dated 16.08.2024. It is stated that the RTI application and First Appeal were appropriately transferred by this RTI Cell.
Written submissions is not found endorsed to the appellant.
Written submissions dated 23.04.2026 filed by the appellant is taken on record which states that RTI Cell, IHQ of MoD (Army) transferred the application to HQ Northern Command. HQ Northern Command replied citing exemptions under Section 8(h), 8(j) and Section 11 of the RTI Act. Appellant filed First Appeal (AKS/RTI/Appeal(08)) before Provost Marshal & RTI Appellate Authority, AG's Branch, IHQ of MoD (Army). RTI Cell, IHQ of MoD transferred the First Appeal to HQ Northern Command. Thereafter, on 24.08.2024, HQ 14 Corps replied by providing partial information and forwarding the RTI application to HQ 8 Mtn Division and HQ Northern Command for remaining queries.
2. Second Appeal - CIC/IARMY/A/2024/133778 Information sought:
The appellant filed an RTI application dated 22.06.2024 seeking the following information:
"1) Pl refer letter No 62805/Pers/AKS dated 30 Jun 2023 (copy att) submitted to GOC 14 Corps.
INFORMATION REQUESTED UNDER RTI ACT
2) You are, therefore, requested to kindly provide the undersigned with the following information: -
a) Pl provide status of complaint filed.
b) Pl provide all the noting sheets prepared by HQ 14 Corps connected with the complaint filed as mentioned in para 1."
The CPIO, IHQ of MoD transferred the RTI application to HQ 14 Corps on 02.07.2024.
The CPIO HQ 14 Corps replied on 24.08.2024 stating as under:
"1) Ref your ION No 4210/1/DV-1 (AS-608) dt 22 Aug 2024.Page 6 of 30
2) RTI application No AKS/RTI/03, AKS/RTI/05, AKS/RTI/06, AKS/RTI/07 & AKS/RTI/08 dt 22 Jun 2024 have been recd vide your ibid ION alongwith copy of HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shukla/A1 (PC) dt 03 Aug 2024.
3) It is intimated that copy of your office ION No 4210/1/DV-1 (AS-
608) dt 19 Aug 2024 and HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shukla/A1 (PC) dt 03 Aug 2024 vide which info pertaining to queries of RTI application mentioned at Para 2 above have been fwd to the applicant vide our letter No 4148/RTI/01/GS (Edn) dt 24_ Aug 2024.
4) However, reply/ inputs/ docu as per details appended below have not been recd vide your ibid ION :-
a) Info as asked vide Para 2 (b) & 2 (c) of RTI application No AKS/RTI/03 dt 22 Jun 2024
b) Info as asked vide Para 2 (a) & (b) of RTI application No AKS/RTI/05 dt 22 Jun 2024.
c) Info as asked vide Para 3(c) of RTI application No AKS/RTI/06 dt 22 Jun 2024.
d) Info as asked vide Para 3 (a) & (b) of RTI application No AKS/RTI/07 dt 22 Jun 2024.
e) Copy of receipt of C of I proceedings (Appx A) and Copy of TDMS (Appx B) mentioned at Para 1 against reply of RTI Appln No AKS/RTI /03 and Para 2 against reply of RTI Appln No AKS/RTI /06 respectively of HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shukla/A1 (PC) dt 03 Aug 2024.
5) You are requested to provide parawise reply/inputs on Queries mentioned at Para 4 above to this office by 30 Aug 2024, in a form that can be offered to the applicant, directly. Copies of documents, if any, provided with the reply should be certified true copies (CTC). It may be noted that only information that is exempted under the Act can be denied, giving exact section of the Act and reasons for exemption sought.
6) Please accord priority."
Being dissatisfied, the appellant filed a first appeal before the FAA, IHQ of MOD, which was transferred to the FAA, HQ 14 Corps, on 21.8.2024.
On 29.08.2024 the FAA, HQ 14 Corps disposed of the First Appeal by stating as under:
Page 7 of 30"1. Ref your fwg First Appeal under RTI Act 2005 recd by this office on 27 Aug 2024 vide RTI Cell, Addl DG AE, IHQ of MoD (Army) letter No A/810027/RTI/TFR-88898 (Appeal) dt 16 Aug 2024:-
(a) AKS/RTI/Appeal (03) dt 02 Aug 2024.
(b) AKS/RTI/Appeal (05) dt 02 Aug 2024.
(c) AKS/RTI/Appeal (06) dt 02 Aug 2024.
(d) AKS/RTI/Appeal (07) dt 02 Aug 2024.
2. It is intimated that your RTI application No AKS/RTI/03, AKS/RTI/05, AKS/RTI/06 & AKS/RTI/07 dated 22 Jun 2024 fwd vide RTI Cell, Addl DG AE, IHQ of MoD (Army) letter No A/810027/RTI/TFR-88898 dated 02 Jul 2024 were received at this office on 22 Aug 2024 vide HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1(AS-608) dt 22 Aug 2024.
3. Reply/ inputs sought vide your a/m RTI applications (copy of reply recd from HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shukla/A1 (PC) dt 03 Aug 2024 and HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1 (AS-608) dt 19 Aug 2024) have been fwd to you vide this office letter No 4148/RTI/GS (Edn) dt 24 Aug 2024 i.e. within 02 days from the dt of receipt of the a/m RTI applications."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Written submissions dated 22.04.2026 filed by the respondent CPIO, IHQ of MOD, is taken on record which states that the Appellant's initial RTI application dt 22 Jun 2024 related to seeking information related to Court of Inquiries ordered by HQ 14 Corps was received on 28 Jun 2024. The same was transferred to HQ 14 Corps vide letter dt 02 Jul 2024. The appellant filed First Appeal for non receipt of info on 02 Aug 2024. The same was transferred to First Appellate Authority (RTI), HQ 14 Corps vide letter dated 16 Aug 2024.
Written submissions is not found endorsed to the appellant.
Written submissions dated 23.04.2026 filed by the respondent CPIO, HQ 14 Corps is taken on record which states as under:
"3. IC 62805A Col AK Shukla, 509 Army Base Wksp EME has filed the following (copy attached at Appendix 'A') application and appeal under RTI Act 2005:
3.1 RTI application No AKS/RTI/07 dated 22 June 2024 forward vide RTI Cell, Addl DG AE office letter No A/810027/RTI/Tfr-88898 dated 02 July 2024 and received by this office on 22 August 2024.Page 8 of 30
3.2 RTI appeal No AKS/RTI/Appeal (07) dated 02 August 2024 forward vide RTI Cell, Addl DG AE letter No A/812007/RTI/Tfr-
88898 (Appeal) dated 22 August 2024 and received by this office on 27 August 2024.
4. The above-mentioned application and appeals have been replied vide our letter (copy attached at Appendix 'B') as mentioned below:
4.1 Reply of RTI application mentioned above at Para 3 (3.1) forwarded vide our letter No 4148/RTI/1/GS (Edn) dated 24 August 2024 and even No dated 13 September 2024. 4.2 Reply of RTI appeal mentioned above at Para 3 (3.2) forwarded vide our letter No 4148/RTI/1/GS (Edn) dated 29 August 2024."
Written submissions is not found endorsed to the appellant.
Written submissions dated 23.04.2026 filed by the appellant, is taken on record which states that the Appellant received no response from the CPIO within the mandated 30 days. After 40 days of complete silence, the Appellant filed a First Appeal vide Letter dated 01 Aug 2024 before the IHQ of MoD (Army). Instead of adjudicating the First Appeal as required by Section 19(1) of the RTI Act, 2005, the Appellate Authority, vide letter dated 21 Aug 2024, merely transferred the RTI applications and First Appeals to the First Appellate Authority (RTI), HQ 14 Corps. The HQ 14 Corps (D&V Branch), vide ION No. 4210/1/DV-1 (AS-608) dated 12 Sep 2024, forwarded through GS(Edn) Branch letter dated 13 Sep 2024 i.e., after full 83 days after the RTI was filed denied both queries by a single, blanket, non-speaking invocation of Section 8(j) of the RTI Act, 2005.
3. Second Appeal : CIC/IARMY/A/2024/133962 Information sought:
The appellant filed an RTI application dated 22.06.2022 seeking the following information:
"1) Refer convening order No 1563/C of l/A1 dated 09 Oct 2022 of HQ 8 Mtn Div.
2) The complainant was absent on 26 Oct 2022 while summoned by Presiding Officer and was similarly absent on 21 Nov 2022 and 22 Nov 2022 while being summoned for VC at Hisar for his statement.Page 9 of 30
INFORMATION REQUESTED UNDER RTI ACT
3) You are, therefore, requested to kindly provide the undersigned with the following information:
a) PI provide policy under which these absences were handled.
b) Pl provide action taken against Col Gaurav Singh Gosain for being absent from summons issued by a Superior Military authority.
c) PI provide all the noting sheets & connected documents which were prepared by HQ 14 Corps (DV) for the absence of Col Gaurav Singh Gosain."
The CPIO, IHQ of MoD (Army) transferred the RTI application to HQ 14 Corps on 02.07.2024.
Having not received any reply, the appellant field a first appeal on 02.08.2024, which was transferred by IHQ of MOD to the HQ 14 Corps and HQ Northern Command on dated 16.08.2024.
Thereafter, the CPIO HQ 14 Corps replied on 24.08.2024 stating as under:
"1) Refer the following :-
a) Your RTI application No AKS/RTI/08 dated 22 Jun 2024 fwd vide RTI Cell DG AE, IHQ of MoD (Army) letter No A/810027/RTI/TFR-88902 dated 02 Jul 2024 received at this office on 20 Aug 2024 vide HQ 14 Corps (D&V Branch) 4210/1/DV-1 (AS-608) dt 19 Aug 20 24.
b) This office ION No 4130/GS(Edn) dt 20 Aug 2024 addressed to D&V Branch HQ 14 Corps (copy att).
c) Your RTI application No AKS/RTI/03, AKS/RTI/05, AKS/RTI/06 & AKS/R: dated 22.Jun 2024 fwd vide RTI Cell, Addl DG AE, IHQ of MoD (Army) letter A/810027/RTI/TFR-88898 dated 02 Jul 2024 and received at this office on 2024 vide HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1(AS-608) dt 22 Aug (copy att) alongwith copy of HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shu (PC) dt 03 Aug 2024.
2) Information as available and permissible under RTI Act 05 is given in succeeding paragraph.Page 10 of 30
3) Copy of following letters vide which information pertaining to your queries having provided/replied are forwarded herewith along with its enclosures:-
a) HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shukla/A1 (PC) dt 03 Aug 2024
b) HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1 (AS-608) dt 19 Aug 2024"
Letter dated 03.08.2024 and 19.08.2024 is found enclosed.
Further, the CPIO, HQ 14 Corps replied to the appellant on 13.09.2024 stating as under:
"1) Refer the following:
a) This office letter No 4148/R 1/GS (Edn) dt 24 Aug 2024 vide which copy Mtn Div letter No 1563/Akshaya Kumar Shukla/A1 (PC) dt 03 Aug 2024 and HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1 (AS-608) dt 19 Aug 2024 fwd to you.
b) This office ION No 4148/RT1/GS (Edn) dt 24 Aug 2024 addsd to D&V Branch HQ 14 Corps for asking to provide balance info of your RTI application No AKS/RTI/DG AKS/RTI/05, AKS/RTI/06 & AKS/RT1/07 dated 22 Jun 2024 (copy att).
2) Information as available and permissible under RTI Act 05 is given in succeeding paragraph.
3) Copy of HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1 (AS-
608) dt 12 Sep 2024 vide which balance information pertaining to your queries have been provided/replied is forwarded herewith."
Thereafter FAA, HQ 14 Corps disposed of the First Appeal on 29.09.2024 stating as under:
"1. Ref your fwg First Appeal under RTI Act 2005 recd by this office on 27 Aug 2024 vide RTI Cell, Addl DG AE, IHQ of MoD (Army) letter No A/810027/RTI/TFR-88898 (Appeal) dt 16 Aug 2024:-
(a) AKS/RTI/Appeal (03) dt 02 Aug 2024.
(b) AKS/RTI/Appeal (05) dt 02 Aug 2024.
(c) AKS/RTI/Appeal (06) dt 02 Aug 2024.
(d) AKS/RTI/Appeal (07) dt 02 Aug 2024.
2. It is intimated that your RTI application No AKS/RTI/03, AKS/RTI/05, AKS/RTI/06 & AKS/RTI/07 dated 22 Jun 2024 fwd vide RTI Cell, Addl DG AE, IHQ of MoD (Army) letter No Page 11 of 30 A/810027/RTI/TFR-88898 dated 02 Jul 2024 were received at this office on 22 Aug 2024 vide HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1(AS-608) dt 22 Aug 2024.
3. Reply/ inputs sought vide your a/m RTI applications (copy of reply recd from HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shukla/A1 (PC) dt 03 Aug 2024 and HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1 (AS-608) dt 19 Aug 2024) have been fwd to you vide this office letter No 4148/RTI/GS (Edn) dt 24 Aug 2024 i.e. within 02 days from the dt of receipt of the a/m RTI applications."
Letter dated 03.08.2024 and 19.08.2024 is found enclosed.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Written submissions dated 22.04.2026 filed by the respondent CPIO, IHQ of MOD, is taken on record which states the Appellant's initial RTI application dt 22 Jun 2024 related to seeking information related to policies regarding handling of absence of Complainant was received at this Cell on 28 Jun 2024. The same was transferred to PIO (RTI), HQ 14 Corps vide this Cell letter dt 02 Jul 2024. The appellant filed First Appeal for non-receipt of info on 02 Aug 2024. The same was transferred to First Appellate Authority (RTI), HQ Northern Comd and HQ 14 Corps letter dated 16 Aug 2024.
Written submissions is not found endorsed to the appellant.
Written submissions dated 23.04.2026 filed by the respondent CPIO, HQ 14 Corps is taken on record which states as under:
"3. IC-62805A Col AK Shukla, 509 Army Base Wksp EME has filed the following (copy attached at Appendix 'A') application and appeal under RTI Act 2005:
3.1 RTI application No AKS/RTI/06 dated 22 June 2024 forward vide RTI Cell, Addl DG AE office letter No A/810027/RTI/Tfr-88898 dated 02 July 2024 and received by this office on 22 August 2024. 3.2 RTI appeal No AKS/RTI/Appeal (06) dated 02 August 2024 forward vide RTI Cell, Addl DG AE letter No A/812007/RTI/Tfr-
88898 (Appeal) dated 22 August 2024 and received by this office on 27 August 2024.
4. The above mentioned application and appeals have been replied vide our letter (copy attached at Appendix 'B') as mentioned below:
Page 12 of 304.1 Reply of RTI application mentioned above at Para 3 (3.1) forwarded vide our letter No 4148/RTI/1/GS (Edn) dated 24 August 2024 and even No dated 13 September 2024. 4.2 Reply of RTI appeal mentioned above at Para 3 (3.2) forward vide our letter No 4148/RTI/1/GS (Edn) dated 29 August 2024."
Written submissions is not found endorsed to the appellant.
Written submissions dated 23.04.2026 filed by the appellant, is taken on record which states that the information sought relates to the documented absence of Col Gaurav Singh Gosain from summons issued by the Presiding Officer of a Court of Inquiry (Col) convened under Convening Order No. 1563/C of I/A1 dated 09 Oct 2022 of HQ 8 Mtn Div, on 26 Oct 2022, 21 Nov 2022, and 22 Nov 2022 (the latter two being for Video Conferencing at Hisar). The summons on the aforesaid dates was issued by the Presiding Officer of the Col under HQ 121 (I) Inf Bde Group. HQ 14 Corps denied noting sheets quoting exemptions under section 8 (j) of the RTI Act 2005. Section 8(1)(j) protects personal information that has no relationship to public activity or public interest, but records about whether a public servant attended duty or remained absent on specified dates have been treated by the CIC as information connected with public activity.
4. Second Appeal - CIC/IARMY/A/2024/134583 Information sought:
The appellant filed an RTI application dated 22.06.2024 seeking the following information:
"1) Pl refer Convening order No 1563/C of I/A1 dated 09 Oct 2022 of HQ 8 Mtn Div (copy att).
2) Pl refer letter No 4210/1/DV-1 (AS-608) dated 14 Oct 2022 of HQ 14 Corps (DV) signed by Col R M Kanswal.
INFORMATION REQUESTED UNDER RTI ACT
3) You are, therefore, requested to kindly provide the undersigned with the following information: -
a) Pl provide Data that in respect of how many Court of Inquiries published by HQ 14 Corps & subordinate formations Col DV, HQ 14 Corps has advised Presiding Officer & Page 13 of 30 Convening authority regarding actions to be taken despite convening order published having a clear mandate.
b) The date so sought may please be provided from 01 Jan 2022 till 31 May 2024 (time period)."
The CPIO, IHQ of MoD (Army) transferred the RTI application to HQ 14 Corps on 02.07.2024.
Being dissatisfied, the appellant filed a first appeal before the FAA, IHQ of MOD on 02.08.2024, which was transferred to FAA HQ 14 Corps 16.08.2024.
The CPIO, HQ 14 Corps received the RTI application on 22.08.2024 and replied on 24.08.2024 stating as under:
" 1. Refer the following:-
(a) Your RTI application No AKS/RTI/08 dated 22 Jun 2024 fwd vide RTI Cell, Addl DG AE, IHQ of MoD (Army) letter No A/810027/RTI/TFR-88902 dated 02 Jul 2024 and received at this office on 20 Aug 2024 vide HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1 (AS-608) dt 19 Aug 2024.
(b) This office ION No 4130/GS(Edn) dt 20 Aug 2024 addressed to D&V Branch, HQ 14 Corps (copy att).
(c) Your RTI application No AKS/RTI/03, AKS/RTI/05, AKS/RTI/06 & AKS/RTI/07 dated 22 Jun 2024 fwd vide RTI Cell, Addl DG AE, IHQ of MoD (Army) letter No A/810027/RTI/TFR-88898 dated 02 Jul 2024 and received at this office on 22 Aug 2024 vide HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1(AS-608) dt 22 Aug 2024 (copy att) alongwith copy of HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shukla/A1 (PC) dt 03 Aug 2024.
2. Information as available and permissible under RTI Act 05 is given in succeeding paragraph.
3. Copy of following letters vide which information pertaining to your queries have been provided/replied are forwarded herewith alongwith its enclosures:-
(a) HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shukla/A1 (PC) dt 03 Aug 2024.
(b) HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1 (AS-608) dt 19 Aug 2024."
Letter dated 03.08.2024 and 19.08.2024 is found enclosed.
Page 14 of 30The CPIO, HQ 14 Corps again replied on 13.09.2024 stating as under:
"1. Refer the following:-
(a) This office letter No 4148/RTI/GS (Edn) dt 24 Aug 2024 vide which copy of HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shukla/A1 (PC) dt 03 Aug 2024 and HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1 (AS-608) dt 19 Aug 2024 fwd to you.
(b) This office ION No 4148/RTI/GS (Edn) dt 24 Aug 2024 addsd to D&V Branch, HQ 14 Corps for asking to provide balance info of your RTI application No AKS/RTI/03, AKS/RTI/05, AKS/RTI/06 & AKS/RTI/07 dated 22 Jun 2024 (copy att).
2. Information as available and permissible under RTI Act 05 is given in succeeding paragraph.
3. Copy of HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1 (AS-608) dt 12 Sep 2024 vide which balance information pertaining to your queries have been provided/replied is forwarded herewith.
4. This disposes off your above RTI application.' The FAA, HQ 14 Corps vide order dated 29.08.2024 disposed of the First Appeal stated as under:
"IN R/O IC-62805A COL AK SHUKLA
1. Ref your fwg First Appeal under RTI Act 2005 recd by this office on 27 Aug 2024 vide RTI Cell, Addl DG AE, IHQ of MoD (Army) letter No A/810027/RTI/TFR-88898 (Appeal) dt 16 Aug 2024:-
(a) AKS/RTI/Appeal (03) dt 02 Aug 2024.
(b) AKS/RTI/Appeal (05) dt 02 Aug 2024.
(c) AKS/RTI/Appeal (06) dt 02 Aug 2024.
(d) AKS/RTI/Appeal (07) dt 02 Aug 2024.
2. It is intimated that your RTI application No AKS/RTI/03, AKS/RTI/05, AKS/RTI/06 & AKS/RTI/07 dated 22 Jun 2024 fwd vide RTI Cell, AddI DG AE, IHQ of MoD (Army) letter No A/810027/RTI/TFR-88898 dated 02 Jul 2024 were received at this office on 22 Aug 2024 vide HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1(AS-608) dt 22 Aug 2024.
3. Reply/ inputs sought vide your a/m RTI applications (copy of reply recd from HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shukla/A1 (PC) dt 03 Aug 2024 and HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1 (AS-608) dt 19 Aug 2024) have been fwd to you vide this office letter No 4148/RTI/GS (Edn) dt 24 Aug 2024 i.e. within 02 days from the dt of receipt of the a/m RTI applications.
4. For your info pl."
Page 15 of 30Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Written submissions dated 22.04.2026 filed by the respondent CPIO, IHQ of MOD, is taken on record which states the Appellant's initial RTI application dt 22 Jun 2024 related to seeking status of his complaint dt 30 Jun 2023 was received at this Cell on 28 Jun 2024. The same was transferred to PIO (RTI), HQ 14 Corps vide letter dt 02 Jul 2024. The appellant filed First Appeal for non-receipt of info on 02 Aug 2024. The same was transferred to First Appellate Authority, HQ 14 Corps on dated 16 Aug 2024.
Written submissions is not found endorsed to the appellant.
Written submissions dated 23.04.2026 filed by the appellant, is taken on record which states that the information sought is statistical/aggregate institutional data about the advisory conduct of the D&V Branch (Col DV, HQ 14 Corps) vis-à-vis Presiding Officers and Convening Authorities of COI's
- it does not seek any personal data of any individual. Despite this, the information has been denied by invoking Section 8(1)(j) of the RTI Act a provision reserved for personal information having no relationship to public activity which is wholly inapplicable to statistical institutional data.
5. Second Appeal - CIC/IARMY/A/2024/133013 Information sought:
The appellant filed an RTI application dated 22.06.2024 seeking the following information:
"1) A request for copy of COI Proceedings Including Findings & Dirns was submitted to HQ 14 Corps (DV) vide letter No 62805/Pers dated 27 Feb 2024 of 509 ABW (copy att).
INFORMATION REQUESTED UNDER RTI ACT
2) You are, therefore, requested to kindly provide the undersigned with the following information: -
a) PI provide policy under which timely processing of these letters should be carried out.Page 16 of 30
b) What are the time lines for processing of such requests and who gets to decide regarding the same in HQ 14 Corps (DV).
c) Pl provide status of the request filed with HQ 14 Corps (DV) mentioned at Para 1.
d) PI provide audit mechanism which ensures timely processing of letters in a time bound manner."
The CPIO, IHQ of MoD transferred the RTI application to HQ Northern Command and HQ 14 Corps vide letter dt 02.07.2024.
Having not received any reply the appellant filed a first appeal before, IHQ of MOD, which was transferred to the FAA HQ Northern Command & HQ 14 Corps on 16.8.2024 and appellant was informed about transfer on 21.08.2024.
Thereafter, a reply was provided by HQ 14 Corps on 24.08.2024 stating as under:
"1) Refer the following :-
Your RTI application No AKS/RTI/03, AKS/RTI/05, AKS/RTI/06 & AKS/R: dated 22.Jun 2024 fwd vide RTI Cell, Addl DG AE, IHQ of MoD (Army) letter A/810027/RTI/TFR-88898 dated 02 Jul 2024 and received at this office on 2024 vide HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1(AS-608) dt 22 Aug (copy att) along with copy of HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shu (PC) dt 03 Aug 2024.
2) Information as available and permissible under RTI Act 05 is given in succeeding paragraph.
3) Copy of following letters vide which information pertaining to your queries having provided/replied are forwarded herewith along with its enclosures: -
a) HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shukla/A1 (PC) dt 03 Aug 2024
b) HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1 (AS-608) dt 19 Aug 2024"
Copy of letter dated 03.08.2024 and 19.08.2024 is found enclosed.
Thereafter, the First Appeal was disposed of by FAA, HQ 14 Corps vide order dated 04.09.2024 stating as under:
"1. Ref your First Appeal No AKS/RTI/Appeal (03) dt 02 Aug 2024 under RTI Act 2005 recd by this office on 03 Sep 2024 vide RTI Cell, Page 17 of 30 AddI DG AE, IHQ of MoD (Army) letter No A/810027/RTI/TFR- 88902 (Appeal) dt 16 Aug 2024.
2. It is intimated that your RTI application No AKS/RTI/08 dated 22 Jun 2024 fwd vide RTI Cell, Addi DG AE, IHQ of MoD (Army) letter No A/810027/RTI/TFR-88902 dated 02 Jul 2024 was received at this office on 20 Aug 2024 vide HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1(AS-608) dt 19 Aug 2024.
3. Reply/ inputs sought vide your a/m RTI applications (copy of reply recd from HQ 8 Mtn Div letter No 1563/Akshaya Kumar Shukla/A1 (PC) dt 03 Aug 2024 and HQ 14 Corps (D&V Branch) ION No 4210/1/DV-1 (AS-608) dt 19 Aug 2024) have been fwd to you vide this office letter No 4148/RTI/GS (Edn) dt 24 Aug 2024 i.e. within 04 days from the dt of receipt of the a/m RTI application."
Letter dated 03.08.2024 and 19.08.2024 is found enclosed.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Written submissions dated 22.04.2026 filed by the respondent CPIO, IHQ of MOD, is taken on record which states the Appellant's initial RTI application dt 22 Jun 2024 was transferred to PIO (RTI), HQ Northern Comd and PIO (RTI), HQ 14 Corps vide this Cell letter No. A/810027/RTI/TFR_88902 dt 02 Jul 2024. The appellant filed First Appeal for non-receipt of info on 02 Aug 2024. The same was transferred to First Appellate Authority (RTI), HQ Northern Comd and HQ 14 Corps vide this RTI Cell letter dated 16 Aug 2024.
Written submissions is not found endorsed to the appellant.
Written submissions dated 23.04.2026 filed by the appellant, is taken on record which states that on 02 Aug 2024 i.e. after 40 days with no CPIO response (beyond the 30-day statutory limit), Appellant filed First Appeal before Appellate Authority. On 21 Aug 2024, Appellate Authority (AG Branch) transferred RTI & First Appeal to First Appellate Authority, HQ 14 Corps. On 24 Aug 2024, HQ 14 Corps forwarded reply of HQ 8 Mtn Div dt 03 Aug 2024 to Appellant. The original application filed on 22 June 2024 reached HQ 14 Corps D&V Branch (where the relevant information was held) only on 22 August 2024. This delay of 60+ days before the appropriate PIO even received the RTI application is a gross violation of Section 6(3) of the RTI Act, 2005, which mandates transfer within 5 days.
Page 18 of 30On 13 Sep 2024, HQ 14 Corps forwarded reply of D&V Branch (ION No. 4210/1/DV-1 (AS-608) dt 12 Sep 2024) to Appellant.
6. Second Appeal - CIC/ARMHQ/A/2024/133252 Information sought:
The Appellant filed an RTI application on 22.06.2024 seeking the following information:
"1) A request for for Independent Inquiry was submitted by Col A K Shukla vide letter No 62805/PC/05 dated 29 Feb 2024 duly recommended by Comdt & MD. This was forwarded by HQ UB Area (DV) vide letter No 180104/Comp/Gen/DV-2 dated 16 Mar 2024 (Refer Para 3 (c)) (copy att).
INFORMATION REQUESTED UNDER RTI ACT
2) You are, therefore, requested to kindly provide the undersigned with the following information: -
a) PI provide policy which governs the processing of these complaints in a time bound manner.
b) What is the time limit to process these complaints as per policy in vogue.
c) PI provide status of the complaint mentioned at para 1.
d) PI provide all the noting sheets and any other documents processed/ prepared by HQ UB Area (DV) and HQ Central Comd (DV) while processing the complaint mentioned at para 1."
The CPIO, IHQ of MoD (Army) transferred the RTI application to HQ UB Area, & HQ Central Comd on 08.07.2024 and appellant was informed about transfer on 21.08.2024.
The CPIO, HQ DV Branch, Uttar Bharat Area furnished a reply to the HQ UB Area (Edn) on 25.07.2024 stated as under:
"1) Ref your letter No 180108/RTI/Edn dt 22 Jul 2024.
2) Parawise reply of queries mentioned at Para 2 of RTI complaint submitted by Col AK Shukla is given below :-
Sno Queries Reply
a) PI provide policy which governs Your application is drawn
the processing of these to Ap 4/2000
complaints in a time bound
manner
Page 19 of 30
b) What is the time limit to As per the aforesaid Army
process these complaints as Order there is no defined per policy in vogue time limit for processing of Gen Complaint
c) PI provide status of the As the contention made complaint mentioned at para 1 dose not pertain to AOR of this HQ or HQ Central Comd same was fwd to HQ Central Comd to concerned chain of Comd
d) PI provide all the noting sheets As this HQ only fed the and any other documents complaint to respective processed/ prepared by HQ UB chain of Comd. It was not Area (DV) and HQ Central processed on noting sheet Comd (DV) while processing at this HQ.
the complaint mentioned at para 1.
3) This is for your information and further necessary action please."
The CPIO, HQ UB Area furnished a reply to the appellant on 02.08.2024 stated as under:
"1) Please refer to your RTI application No AKS/RTi/04 dated 22 Jun 2024 seeking information under RTI Act 2005 received at this office on 22 Jul 2024 through RTI Cell, Addl DG AE, IHQ of MoD (Army) vide their letter No A/810027/RTI/TFR 88872 dated 08 Jul 2024.
2) A copy of HQ UB Area (D&V) letter No 180104/Comp/Gen/DV-
2 dated 25 Jul 2024 alongwith its enclosures vide which information pertaining to your queries has been provided is forwarded herewith."
Being dissatisfied, the appellant filed a First Appeal on 02.08.2024 before IHQ of MOD, which was transferred to FAA, HQ 14 Corps on 22.08.2024.
However, FAA HQ 14 Corps order is not available on record.
Thereafter, the CPIO, HQ Central Comd furnished a reply to the appellant on 13.08.2024 stated as under:
Page 20 of 30"1) Refer your RTI application No AKS/RTI/04 dated 22 Jun 2024.
2) It is intimated that your application has been processed with the office of custodian of the information. Information will be provided to you on receipt from the office of custodian of information."
The CPIO, HQ Central Comd furnished a reply to the appellant on 12.09.2024 stated as under:
"1) Refer the following :-
a) your RTI application No AKS/RTI/04 dated 22 Jun 2024.
b) This HQ letter No CC/Edn/RTI/757 dated 13 Aug 2024.
2) Extract copy of information pertaining to your query (ies) as available with custodian of information of this HQ and permissible under RTI Act 2005 is forwarded herewith as received.
3) This disposes of your RTI application mentioned at Para 1 (a) above."
However, no enclosure is found attached with the above reply.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Written submissions dated 22.04.2026 filed by the respondent CPIO, IHQ of MOD, is taken on record which states that the reply was forwarded to the appellant on 02 Aug 2024 vide HQ Uttar Bharat Area letter dt 02 Aug 2024. Furthermore, since no representations by Col AK Shukla was received reply rendered by HQ, no further action was taken.
Written submissions is not found endorsed to the appellant.
Written submissions dated 22.04.2026 filed by the respondent CPIO, HQ 14 Corps is taken on record which states that Col AK Shukla, 509 Army Base Wksp EME has filed the RTI application dated 22 June 2024 forward vide RTI Cell, Addl DG AE office letter dated 02 July 2024 and received by this office on 22 August 2024. RTI appeal dated 02 August 2024 forward vide RTI Cell, AddI DG AE letter dated 22 August 2024 and received by this office on 27 August 2024. These application and appeals have been replied as mentioned below:
"4.1 Reply of RTI application mentioned above at Para 3 (3.1) forwarded vide our letter No 4148/RTI/1/GS (Edn) dated 24 August 2024 and even No dated 13 September 2024.Page 21 of 30
4.2 Reply of RTI appeal mentioned above at Para 3 (3.2) forwarded vide our letter No 4148/RTI/1/GS (Edn) dated 29 August 2024."
However, no reply and order dated 24.08.2024 and 13.09.2024 and 29.08.2024 is available on record.
Written submissions is not found endorsed to the appellant.
Written submissions dated 23.04.2026 filed by the appellant, is taken on record which states that on 08 Jul 2024, RTI Cell transferred application to HQ UB Area and HQ Central Comd. Transfer effected after the 30-day statutory limit had already begun running. On 02 Aug 2024, HQ UB Area replied, forwarding a copy of DV Branch letter dt 25 Jul 2024. On 02 Aug 2024, Appellant filed First Appeal before Provost Marshal & Office of RTI Appellate Authority, AG's Branch, IHQ MoD (Army), as 40 days had elapsed without reply. On 13 Aug 2024, HQ Central Comd sent an interim holding reply stating information will be provided "on receipt from custodian of information." No substantive information provided. On 21 Aug 2024, First Appellate Authority (Provost Marshal Dte) transferred appeal to First Appellate Authority (RTI), HQ Central Comd and HQ UB Area instead of adjudicating it. On 16 Aug 2024, HQ Central Comd wrote to HQ UB Area seeking copy of complaint letter 62805/Pers/AKS dt 30 Jun 2023. HQ Central Comd in its reply dated 12 Sep 2024 denied information under Query 2(d) (noting sheets and documents prepared while processing the complaint) by invoking Section 8(h) of the RTI Act, 2005, claiming disclosure will impede the process of investigation is wrong as the information sought by the Appellant relates to the noting sheets and documents prepared while processing his complaint not the investigation report or outcome. The complaint was lodged by the Appellant himself.
7. Second Appeal- CIC/DODEF/A/2024/132603 Information sought:
The Appellant filed an RTI application on 10.06.2024 seeking the following information:
"INFORMATION SOUGHT FROM ADJUTANT GENERAL BRANCH PETITION FOR OBTATINING INFORMATION UNDER SECTION 6 OF THE RIGHT TO INFORMATION ACT. 2005 READ WITH RIGHT TO Page 22 of 30 INFORMATION (REGULATION OF FEE AND COST) RULES, 2005 IN REGARD TO STATUS OF COMPLAINTS FILED BY COL A K SHUKLA
1) That I, IC-62805A Col A K Shukla presently posted at 509 Army Base Workshop have lodged certain complaints against few service personnel, the details of which will follow in succeeding paragraph.
2) That I had lodged following complaints: -
a) Letter No 62805/Pers/AKS dated 30 Jun 2023 addressed to GOC 14 Corps and same matter raised again due to inaction of HQ 14 Corps vide letter No 62805/Pers dated 28 Feb 2024 addressed to COAS through proper channel, which was forwarded to HQ Central Command (DV) by HQ UB Area (DV) vide letter no 180104/Comp/Gen/DV-2 dated 16 Mar 2024.
b) Letter No 62805/Pers dated 06 Dec 2023 (reminder dt 27 Feb 2024), fwd to HQ UB Area (DV) vide 509 ABW letter No 62805/PC dt 11 Dec 2023, then fwd to HQ Central Comd (DV) vide HQ UB Area letter No 180104/Comp/12/22/DV-2 (Mrs Sunita) dt 28 Dec 2023 and fwd to HQ Northern Comd (D&V) vide HQ Central Comd letter No 190105/Comp/Tfr Fen/2023/AG/DV-4 dt 16 Jan 2024. (Total delay with no response recd 178 days).
c) Letter No 62805/Pers/04 dated 28 Feb 2024 regarding Request for Interview of GOC-in-C Northern Command, fwd to HQ UB Area (D&V) vide 509 ABW letter No 62805/PC/04 dt 29 Feb 2024, then fwdto HQ Central Comd (DV) vide HQ UB Area letter No 180104/Comp/Gen/DV-2 dt 16 Mar 2024.
Moreover, letter No 62805/Pers/07 dt 09 Apr 2024 regarding Reqeust for Interview of COAS fwd HQ UB Area (D&V) vide 509 ABW letter No 62805/PC/07 dt 09 Apr 2024. In response to ibid applns, recom of Reviewing Officer (RO) for further processing the case was sought vide UB Area (D&V) letter No 180104/Comp/Gen/2024/DV-2 dt 23 Apr 2024. Case for recom of Reviewing Officer (RO) i.e. Cdr Base Wksp Gp EME was fwd vide 509 Army Base Wksp letter No 62805/PC/08 dt 30 Apr 2024. (Total dealy 96 days).
INFORMATION REQUESTED UNDER RTI ACT
3) You are, therefore, requested to kindly provide the undersigned with the following information: -
Page 23 of 30a) What is the policy regarding processing of signed complaints and what are the time lines laid down for processing of such complaints?
b) What is the status of complaints and request for interview filed by me as mentioned in Para 2 (a), 2 (b) and 2(c) ?
c) What is the process of audit for checking the processing of complaints by DV Branch?
d) What is the policy on the subject for treating all complaints fairly and by which method it has been ensured in the DV Branch?
e) What is the policy on matter of providing disposal of the signed complaints filed by the service personnel to the originator of the complaint
f) What is the policy on the matter on deciding jurisdiction of the signed complaint and which officer is the approving authority regarding deciding the jurisdiction and processing of the complaint at Corps,Command and IHQ (MoD) Army level?"
The CPIO, IHQ of MOD furnished a reply to the appellant on 26.06.2024 stating as under:
"1) Reference your online RTI application dated 10 Jun 2024 received at this office on 14 Jun 2024.
2) 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 is interrogatory in nature and seeking clarification 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. Further, no information related to ibid complaints is related to this HQ, thus you are informed to approach the concerned office directly for specific information (if any).
3) This disposes your RTI application mentioned at Para 1 above."
Being dissatisfied, the appellant filed a First Appeal on 15.07.2024. The FAA vide its order on 02.08.2024 stated as under:
"1) WHEREAS, Col AK Shukla vide application dated 10 Jun 2024, had sought information under Right to Information Act 2005.Page 24 of 30
2) AND WHEREAS, the CPIO at Integrated Headquarters of MoD (Army), vide their letter No A/810027/RTI/OF-88051 dated 26 Jun 2024 has provisioned reply to the said application.
3) AND WHEREAS, aggrieved by the response of the PIO at Integrated Headquarters of MoD (Army), Col AK Shukla preferred an appeal dated 15 Jul 2024, 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 10 Jun 2024.
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/OF-88051 dated 26 Jun 2024 is not adequate. I, direct CPIO to obtain requisite information from concerned stake holder of Integrated Headquarters of Ministry of Defence (Army) and provide the same to the appellant within two weeks on receipt of this order.
5) The appeal is therefore disposed of accordingly."
In compliance of FAA order, the CPIO, IHQ of MOD furnished a revised reply to the appellant on dated 09.08.2024 stating as under:
" 1) Refer Speaking Order of the Appellate Authority issued vide their letter No B/87008/AG/PM/RTI-6936 dt 02 Aug 2024.
2) In compliance of Speaking Order under reference, an extract of Para 2 of Note of concerned agency of this Headquarters along with its enclosures are forwarded herewith.
2. Reply of RTI queries pertaining ti this office as under:
S Query Reply
No
a) What is the policy regarding Letter No
processing of signed A/56571/37/AG/DV-1(P)
complaints and what are the dated 22 Dec 2014 and
time lines laid down for 61639/Gen/AG/DV-4(A)
processing of such dated 11 Apr 2023 is enclosed
complaints? herewith.
b) What is the status of i) Para 2(a) and 2(c) has not
complaints and request for been recd in this office.
interview filed by me as
mentioned in Para 2 (a), 2 (b) ii) Para 2(b) has been
and 2(c) ? received vide complaint letter
no 62805/Pers/12 dated 01
Page 25 of 30
Jun 2024. The same was
fwd.to HQ Northern Comd for
further action.
c) What is the process of audit As soon as any complaint
for checking the processing of reaches
complaints by DV Branch? DV Br, it is sent to Comd for
further
action and periodic reminders
are
taken out for the status of
update till the time it is
concluded.
d) What is the policy on the Letter No
subject for treating all A/56571/37/AG/DV-1(P)
complaints fairly and by dated 22 Dec 2014 and
which method it has been 61639/Gen/AG/DV-4(A)
ensured in the DV Branch? dated 11 April 2023 is
enclosed herewith.
e) What is the policy on matter Letter No
of providing disposal of the A/56571/37/AG/DV-1(P)
signed complaints filed by the dated 22 Dec 2014 and
service personnel to the 61639/Gen/AG/DV-4(A)
originator of the complaint? dated 11 April 2023 is
enclosed herewith
f) signed complaint and which Letter No
officer is the approving A/56571/37/AG/DV-1(P)
authority regarding deciding dated 22 Dec 2014 and
the jurisdiction and 61639/Gen/AG/DV-4(A)
processing of the complaint dated 11 April 2023 is
at Corps,Command and IHQ enclosed herewith
(MoD) Army level
Feeling aggrieved and dissatisfied, appellant approached the
Commission with the instant Second Appeal.
Written submissions dated 22.04.2026 filed by the respondent CPI, IHQ of MOD, is taken on record which states that Appellant's initial RTI application dt 10 Jun 2024 related to seeking clarification related to status of his complaints/policy regarding processing of complaints/process of audit for checking the processing was received at this RTI Cell on 14 Jun 2024. The case was disposed of under Section 2 (f) of RTI Act 2005 vide this RTI dated 26 Jun 2024 since the nature of Page 26 of 30 queries is interrogatory and seeking clarifications. Being dissatisfied with disposal of the CPIO, appellant filed First Appeal dt 15 Jul 2024. The same was heard by the First Appellate Authority (FAA) on 02 Aug 2024, wherein FAA directed CPIO to obtain additional information from the concerned agency and provision to the appellant Order of FAA was compiled to the appellant along with additional information received from concerned agency vide this RTI Cell letter dt 09 Aug 2024. 6.2. It is highlighted that the applicant has addressed multiple RTI applications with similar/near similar queries to various formation Headquarters of Indian Army. He has been given suitable reply by all respondents. By seeking similar information through repeated RTI applications, the applicant is harassing the concerned public authorities.
Written submissions is not found endorsed to the appellant.
Written submissions dated 23.04.2026 filed by the appellant is taken on record which states that in the CPIO's Compliance Reply dated 09-08- 2024 the CPIO forwarded an 'extract of Para 2 of Note of concerned agency' with four enclosures. The Appellant had sought information regarding complaints filed with HQ 14 Corps, HQ Central Command (DV), HQ Northern Command (D&V) and other commands. The information pertaining to the status of these complaints clearly fell within the domain of those respective formations/public authorities. However, the CPIO, IHQ MOD (Army), instead of transferring the application to the concerned authorities under Section 6(3) of the RTI Act, simply disposed of the application stating that 'no information related to ibid complaints is related to this HQ.' For Queries (a), (d), (e), (f): The CPIO referred to letters 'A/56571/37/AG/DV-1(P) 61639/Gen/AG/DV-4(A) dated 11 Apr 2023. While supplying these policy letters as enclosures may have been partially compliant, the response to Query (b) regarding status of individual complaints remained grossly incomplete and was not addressed through the policy documents.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Mr. A.K Shukla through Adv. Gurpreet Das Respondent: Brig. J.M Sharma, CPIO, IHQ of MoD, Col. Nitin and Lt. Col. Nilesh Tiwari, CPIO, Northern Command, Col. Navnit Kymar, CPIO, Leh, Major Gaurav Hooda, AAG, Legal, Leh Page 27 of 30
8. Proof of having served a copy of Second Appeals on the Respondent, while filing the same in CIC, is not available on record.
9. The appellant inter alia submitted that there are 7 RTI applications filed by the appellant and in none of the RTI application the sought information has been provided. It is also stated that information has been wrongly denied under Section 8 of the RTI Act, 2005. It is also stated that the RTI applications and appeals were transferred from one command to other command.
10. The respondent while defending their case inter alia submitted that the available information has been provided to the appellant from time to time in accordance with the provisions of the RTI Act, 2005. It was further stated that the RTI applications were transferred as per the provisions of the Act to ensure that the queries were dealt with by the appropriate CPIO through the proper channel. The respondent also submitted that the appellant, being posted at HQ 14, is well aware of the appropriate authority before whom such RTI applications are required to be filed;
however, despite such knowledge, the appellant has deliberately been filing the RTI applications before the CPIO, IHQ of MoD.
Decision:
11. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the instant 7 second appeals arising out of multiple RTI applications filed by the Appellant are substantially on similar issues. This multiplicity of proceedings has resulted in fragmented and piecemeal replies by the respondent's addressing parts of the queries raised by the appellant, thereby giving rise to inconsistency and lack of clarity.
The Commission also observes that it is a settled legal position that each RTI application is an independent and that the public authority is not required to create new information or undertake disproportionate compilation beyond the records available. However, the Commission is of the view that if multiple applications on almost same subject matter are pursued in parallel, the confusion created can be streamlined in an appropriate manner so as to ensure that the Appellant receives an appropriate reply, without compromising the RTI Act, 2005.
In the above circumstances and keeping in view the submissions made by both the parties during the hearing, the Commission directs the Appellant Page 28 of 30 to submit a consolidated representation before the respondent, CPIO, IHQ of MOD, incorporating all the queries raised in the above 7 RTI applications, within a period of two weeks from the date of receipt of this order.
Upon receipt of the consolidated representation, the Respondent CPIO, IHQ of MOD shall furnish a consolidated, point-wise reply, strictly in accordance with the provisions of the Right to Information Act, 2005, within a period of 21 days to the Appellant, under intimation to the Commission. The respondents shall ensure that any denial of information is supported with specific provisions of the RTI Act, 2005. The said reply shall also be uploaded on the portal of the Commission before the next date of hearing.
In view of the above, the Registry of this bench is directed to relist the instant 7 second appeals, after 45 days from the date of this hearing for compliance and further proceedings.
With the above observations and directions, the appeals stand adjourned.
Sd/-
SANJEEV KUMAR JINDAL (सं जीव कुमार िजंदल) Information Commissioner (सूचना आयु ) date: 30.04.2026 Page 29 of 30 Authenticated true copy (अिभ मािणत स ािपत ित) (SK Chitkara) Dy Registrar 011- 26107051 Addresses of the Parties:
1. CPIO RTI Cell, Addl DG AE, G-6 D-1 Wing, IHQ of MoD (Army), Sena Bhawan, New Delhi-110011
2. The CPIO HQ Northern Command, Pin-908545, C/o 56 APO
3. The CPIO GS (Edn) Branch, HQ 14 Corps, Pin 908514, C/o 56 APO
4. The CPIO Hq 8 Mtn Division, Pin 908408 C/o 56 APO
5. A. K Shukla Page 30 of 30 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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