Central Information Commission
Surender Singh vs Controller General Of Defence Accounts ... on 31 July, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/CGDAC/C/2024/600158
Surender Singh ....िशकायतकता /Complainant
VERSUS
बनाम
CPIO,
PAO(ORs) The Mahar
Regiment, MRC, Saugor
(M.P.) - 470001 .... ितवादीगण /Respondent
Date of Hearing : 22.07.2025
Date of Decision : 31.07.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 12.10.2023
CPIO replied on : 16.10.2023
First appeal filed on : 27.11.2023
First Appellate Authority's order : 04.12.2023
2nd Appeal/Complaint dated : 02.01.2024
Information sought:
1. The Complainant filed an RTI application dated 12.10.2023 (online) seeking the following information:
"I am JC-571091F-Ex. Nb. Subedar Surender Singh (1st Mahar Regiment) Record office - Mahar Regiment Centre, Saugor, MP, 470001
1. Certified true copy of my pension claim document which is submitted by competent authority CO 1 Mahar, Record office of The Mahar Page 1 of 5 Regiment and PAO (OR s) office MRC in PCDA (Pension) Allahabad, based on which I have been discharged from the services w.e.f. 31/05/2016.
2. On 31-05-2016 received a TFRGTH of Rupees 18140. (Ref DO2 No- 3/0145/003/2016) and TPTL of rupees 800 on 01/05/2016. Please provide information about the authority from which I received this grant. Please provide all document regarding the same.
3. List of all Time Bar casualty. Also, provide information about sanctioning authorities to publish all Time Bar Casualty
4. My monthly pay slip from 01/01/2013 to 31/05/2016
5. My casualty publication record w.e.f. 1/01/2013 to 31/05/2016
6. My RMB Casualty publication record (Discharged - 31/05/2016 through RMB)
7. As per DO2 NO-3/0145/001/2016 DT- 30/04/2015. (POS IN- 30/4/2014) Please provide my POS OUT casualty record.
8. Provide me my discharge occurrence casualty publication record with all supporting documents (Discharged - 31/05/2016)
9. My MED CAT Board DO2 NO 0/0364/0001/2014 dt - 6/8/2014 held at 150 GH on 10/7/2014. Please provide me 150 GH ADM DO2 No. and when was admitted to MED CAT Board.
10. Rule book on the basis of which PAO(ORs) release casualty publication record.
In the Interest of Expediency and to minimize the research and or duplication burden on your staff, send records electronically if possible. The email address is provided below. Otherwise please send certified true copies to the postal address mentioned above."
2. The CPIO furnished a reply to the complainant on 16.10.2023 stating as under:
"Please find enclosed a copy of RTI application dated 12.10.2023 along with enclosures received from Army No. JC-571091F Nb Sub Surender Page 2 of 5 Singh (Retd.), 281E, Sector-8 (Part-1), Karnal (Haryana), PIN-132001 under RTI Act-2005.
2. The application is being transferred in terms of Section 6(3) of RTI Act- 2005 as the subject matter of information sought for in application is closely connected with the functions of your office. Desired information may please be forwarded directly to the applicant under intimation to all concerned."
3. Being dissatisfied, the complainant filed a First Appeal dated 27.11.2023. The FAA vide its order dated 03-02-2024, held as under:
"Please find enclosed an original RTI application received in this office on 30/11/2023 in respect of No JC571091F Nb Sub Surender Singh seeking information under RTI Act 2005.
Since the subject information does not pertain to this office and appears to be related to the functions of your office. Hence, the application, is therefore, transferred to you i.e. Records, the Mahar Regiment pin- 900127, C/o 56 APO under the provisions of Sub Section 6 (3) of RTI Act 2005. You are requested to provide necessary information directly to the applicant under intimation to all concerned.
In case the subject matter does not pertain to your office, please transfer the same to appropriate office."
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: Shri V. K. Nair, CPIO/Assistant Controller of Defence Account, appeared through video conference.
5. The Complainant inter alia submitted that complete and correct information was not provided by the Respondent Authorities till the date of hearing.
Page 3 of 56. The Respondent while defending their case inter alia submitted that he had filed detailed written submissions dated 16.07.2025 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:
"With reference to the above subject and CIC Notice No. CIC/CGDAC/C/2024/600158 dt 27/06/2025 cited above, it is submitted that Shri Surender Singh preferred online RTI application No. CGDFA/R/E/23/03313 dated 12/10/2023 to Controller General of Defence Accounts (CGDA) which was transferred to CPIO, PAO(ORS), MRC, Saugor. In this regard, following is submitted.
1) Subject matter of the sought information pertained to other public authority i.e. Record Office, The Mahar Regiment Centre. Hence, the ibid RTI application dated 12-10-2023 was transferred to the CPIO, Record Office, The Mahar Regiment under Rule 6(3) of RTI act. The same was intimated to the applicant vide this Office Letter No. MG/NE/RTI/JC571091F dr 01/12/2023 (Copy Enclosed).
Further, with reference to point No. 4 cited in the RTI application, it is informed that the payslips for the period 01/01/2013 to 31/05/2016, as sought by the applicant, have been mailed to the individual vide this office Letter No. NE/RTI/JC571091 dt 15/07/2025 (Copy enclosed)
2) Aggrieved applicant preferred an appeal in r/o his RTI which again being related to other public authority i.e. Record Office. The Mahar Regiment Centre was transferred to them. Now the applicant has preferred an appeal before Hon'ble CIC, New Delhi contending that the CPIO, PAO(ORS), MRC and the first appellate authority has not provided the information. It is clear from the above that the applicant's contention is false and CPIO, PAO(ORS), MRC has attended the RTI as per rules."
Decision
7. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the information was not within the functional domain of PAO (ORs), MRC. The RTI application and the first appeal were duly transferred to the concerned Record Office under Section 6(3) of the RTI Act. Pay slips from 01.01.2013 to Page 4 of 5 31.05.2016, as sought in point No. 4 of the RTI, were emailed to the Complainant on 15.07.2025. The Respondent enclosed copies of transfer and reply communications sent to the Complainant. The Commission observes that the CPIO acted within the mandate of the RTI Act by transferring the application to the concerned authority under Section 6(3) and provided the available information under their jurisdiction. The First Appellate Authority also followed due process. Moreover, the scope of the RTI Act does not extend to directing public authorities to create or collect information that does not lie within their record or jurisdiction.
8. In light of the above observations, the Commission finds no mala fide or deliberate denial of information by the Respondent. The Complainant's grievances appear to be in the nature of service-related issues, for which RTI is not the appropriate mechanism. No intervention is required in this matter.
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, Records, The Mahar Regiment, PIN-900127 C/o 56 APO Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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