Central Information Commission
Laxmidharbhuyan vs Ministry Of Defence on 30 July, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: (1) CIC/DODEF/A/2024/107067
(2) CIC/DODEF/A/2024/107068
(3) CIC/DODEF/A/2024/107069
(4) CIC/DODEF/A/2024/121500
Laxmi Dhar Bhuyan .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Artillery Records, Nasik Road
Camp, Distt - Nasik (Mah),
PIN - 422102 .... ितवादीगण /Respondent
Date of Hearing : 28.07.2025
Date of Decision : 30.07.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned Second Appeal are clubbed together as the parties are
common, and subject-matter is similar in nature and hence, are being
disposed of through a common order.
(1) CIC/DODEF/A/2024/107067
Relevant facts emerging from appeal:
RTI application filed on : 04.01.2022
CPIO replied on : 17.02.2022
First appeal filed on : 05.02.2022
First Appellate Authority's order : 06.04.2022
2nd Appeal/Complaint dated : 16.02.2024
Page 1 of 40
Information sought:
1. The Appellant filed an RTI application dated 04.01.2022 (offline) seeking the following information:
"COMPLAINT No 4902/Complaint dt 27 Dec 2021 with regard to unnecessary harassment, using criminal force against man in uniform, insubordination and obstruction, ill-treating subordinate in open forum, misuse of power, criminal intimidation.
(A) Please forward a copy of action taken Report AS RAISED VIDE LT COLONEL LAXMI DHAR BHUYAN APPLICATION BEARING COMPLAINT No 4902/Complaint dt 27 Dec 2021 with regard to unnecessary harassment, using criminal force against man in uniform, insubordination and obstruction, ill-treating subordinate in open forum, misuse of power, criminal intimidation.
(B) Please forward copies of morning PT parade State duly narrating medical category of all the officers/JCOs/OR wef 13 Jul 12019 to 04 Jan 2022.
(C) Please give a copy of authority under which it has been clarified that Colonel Habeebu Rehuman PM is Commanding Officer of Arty Records, whereas MS Branch posting order says Colonel Records of Arty Records.
(D) Please give me a copy of authority under which power has been vested with Colonel Habeebu Rehuman PM to issue counselling to a Lt Colonel.
(E) Please give me a copy of authority under which power has been vested with Colonel Habeebu Rehuman PM to over rule decisions of duly constituted medical boardie Ex PPG and prolonged standing duties and to declare absence from PT Parade and what is the authority with Maj Om Prakash to detail an officer as Centre duty officer having been suffered due to CALCANIUM FRACTURE RTA AND EXEMPTED prolonged standing duties. Incase of fire, terrorist strike or other situation during night can the same officer run and control over the situation. Moreover only trained SL Cadre.
(F) Please give me copy of authority under which power has been vested with Colonel Habeebu Rehuman PM to allow Maj Om Prakash to continue as appointment of Adm Offr followed by Adjt by violating Army HQ letter No A/359311/MP-8(I of R)(b) dt 19 Apr 2017.Page 2 of 40
(G) Please give me copy of authority to continue Commanding Position or continue present appointment of sensitive nature as per Army HQ letter No A/359311/MP-8(I of R)(b) dt 19 Apr 2017, against whom severe allegations with prima-facie has been established.
(H) Please give me copy of authority under which power has been vested with Colonel Habeebu Rehuman PM to allow Maj Om Prakash to continue as appointment of Adm Offr followed by Adjt by violating Army HQ policy on the subject.
(J) Please give me copy of authority under which power has been vested with Colonel Habeebu Rehuman PM to excuse Maj Om Prakash and Maj Anil Kumar for Centre Duty Officer and other Board of Officer as SOP for Centre duty officer says CRO to RO all will perform Centre duty officer expect medical restrictions.
(k) Please give me copy of authority under which power has been vested with Arty Records to run wet Canteen like shop as mentioned in my Complaint by using Govt manpower and also give me expenditure status and profit details with full balance sheet wef 01 Jan 2019 to 04 Jan 2022."
2. The CPIO furnished a point-wise reply to the Appellant on 17.02.2022 stating as under:
"(a) Para 3 (iii) (a). No complaint is held on the records.
(b) Para 3 (iii) (b). manpower of the Army, The info is sensitive is nature related to Trg/ Parade/hence, can not be provide as per Para 8 (1) (a) of RTI Act 2005.
(C) Para 3 (iii) (c). Extract copy of Para 324 of Docu Procedure 1992 is enclosed herewith.
(d) Extract copy of Para 327 of Regulations for the Para 3 (iii) (d). Army 1987 is enclosed herewith.
(e) Para 3 (iii) (e). No specific information is asked by you. Authority vide which Army personnel are excused from Parade fall-in and basic duties of peace time is not held. You are requested to forward the copy of the same, if held with you so, that envt can be informed.Page 3 of 40
(f) Para 3 (iii) (f), (g) & (h) Army HQ letter No as quoted A/359311/MP-8 (I of R) dated 19 Apr 2017 is not held. You are requested to provide the copy of the same, if held.
(g) Para 3 (iii) (j). No specific information is asked.
(h) Para 3 (iii) (k) information is available No any canteen is being run and, hence, no records/information is available."
3. Being dissatisfied, the appellant filed a First Appeal dated 05.02.2022. The FAA vide its order dated 06.04.2022, held as under:
"AND WHEREAS, Public Information Officer, Artillery Records, Nasik Road Camp has replied to you vide Artillery Records letter No1693/RTI/316/RTI Cell dated 17 Feb 2022, 1693/RTI/315/RTI Cell dated 17 Feb 2022 and 1693/RTI/386/RTI Cell dated 28 Feb 2022.
AND WHEREAS, having felt aggrieved by the response of the Public Information Officer, Arly Records, Nasik Road Camp, you have preferred an appeal dated 05 Feb 2022 to the First Appellate Authority under the provisions of Section 19 (1) of Right to Information Act 2005.
AND NOW THEREFORE, after having perused all the records and hearing views of the Nodal Officer, I found that Public Information Officer has replied to you vide Artillery Records letter No No1693/RTI/316/RTI Cell dated 17 Feb 2022, 1693/RTI/315/RTI Cell dated 17 Feb 2022 and 1693/RTI/386/RTI Cell dated 28 Feb 2022 (Photocopies attached).
Your appeal is disposed off accordingly."
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
(2) CIC/DODEF/A/2024/107068 Relevant facts emerging from appeal:
RTI application filed on : 06.01.2022 CPIO replied on : 17.02.2022 First appeal filed on : 05.02.2022
First Appellate Authority's order : 06.04.2022 2nd Appeal/Complaint dated : 17.02.2024 Page 4 of 40 Information sought:
5. The Appellant filed an RTI application dated 06.01.2022 (offline) seeking the following information:
"COMPLAINT No 4902/Complaint dt 27 Dec 2021 with regard to unnecessary harassment, using criminal force against man in uniform, insubordination and obstruction, ill-treating subordinate in open forum, misuse of power, criminal intimidation.
(A) Please give a copy of Govt order in which, Adjutant is authorized for Arty Records and Maj Om Prakash has been performing the said duties contrary to the provisions of Ser No 10 of Govt of India, Ministry of Defence PE: V/210/1946/15 in which it has mentioned that "One CRO/Col Records and one Administrative Officer will be authorized to all Record Office". Please give me a copy of manpower audit report in which this appointment has been audited.
(B) Please forward statutory authority based on which Maj Om Prakash has written letter No 1036/LA-1 dt 06 Jan 2022 to SHO Upnagar Police Station to not to take an action against serving personnel of this unit contrary to the provisions of CrPC 154 & 4 in reference to property case No 20/2022 dt 04 Jan 2022, by using Army abbreviation like ION. The stamp clearly shows that he has written at his own capacity and not for OIC Records, while legal rights of Adjutant, Arty Records is not given in Govt of Indi Ministry of Defence PE: V/210/1946/15.
(C) Please give details of Office contingency grant(OCG/ACG), Regimental Fund, Officers' Mess Fund, JCOs Mess Fund Account of Arty Records wef 01 Jan 2019 to 04 Jan 2022 in following format:-
Fund allotted In Fund Purchased Purpose Whether Rs./fund collected expended through through In Rs. (As in Rs. dealers name GeM or applicable) & address otherwise and contact No (D) Please give me a copy of authority under which, power has been vested with Colonel Habeebu Rehuman PM and Maj Om Prakash to declare out of bound Arty Records especially Computer Cell to Lt Colonel Laxmi Dhar Bhuyan, who is authorized posted str of Arty Records, by Page 5 of 40 violating his rights of President Pleasure under Article 310(1) of Indian Constitution.
(E) and Please give me a copy of authority under which, power has been vested with Colonel Habeebu Rehuman PM Maj Om Prakash to withdraw buddy/helper/orderly From Lt Colonel Laxmi Dhar Bhuyan from 02 Jan 2022 onwards, whereas other officers of his equal rank and status and below are getting regular service, by violating Govt of India PE and Central Govt orders.
(F) Please forward a copy of details of expenditure on account of preparation of World Records Photos of Lt Colonel Laxmi Dhar Bhuyan which were posted in Hall of Arty Records and authority for removing these photos.
(G) Please forward a copy of details of expenditure on account of painting and preparation of 'BHUYAN SPORTS COMPLEX' in front of NE Group and Road side Board beside Nursery School and repainting with Black and white with other details, by removing his name. Please forward authority under which World Records holder Lt Colonel Laxmi Dhar Bhuyan name has been removed to tarnish his image and image of Indian Army as well.
(H) Please give me a copy of authority in which, power has been vested with Colonel Habeebu Rehuman PM, Maj Om Prakash and Maj Anil Kumar to conceal private property of Lt Colonel Laxmi Dhar Bhuyan by putting his office under lock and key, by violating Article 310(1) of Indian Constitution and IPC 500 in his absence. There are several ways and means to shift office of senior officer in his presence, by issuing letters or by taking disciplinary action as per Statutory provisions of Govt of India."
6. The CPIO furnished a point-wise reply to the Appellant on 17.02.2022 stating as under:
"(a) Para 3 (iii) (a). A photocopy of IHQ of MoD (Army) letter No A/25227/Org 8 (I of R) (B) dated 05 Feb 93 is enclosed herewith and also you may refer Para 11 and 14 of ARI 2019. Further, as per PE No V/210/1946/2015, one offr per 27 Clks is authorised in Records Office.
Accordingly LA Section is posted with two Offrs since yr 1982.
(b) Para 3 (iii) (b). No specific information is asked by you. However, a matter of missing cell phone in office complex is being investigated by a Page 6 of 40 duly constituted Court of Inquiry However, a copy of complaint received from MTS Udai Bhan Yadav of Arty Records is 'enclosed herewith.
(c) Para 3 (iii) (c). All the procurements are being done through GeM/ Def e-procurement. The same has been audited by LAO and test audit by PCDA has also been carried out. The volume of account books is huge. Hence, it is proposed that all records available in the account books may be seen by you in person being present in organization/station.
(d) Para 3 (iii) (d). No specific information as asked by you. Para 3 (iii) (e) (e) No specific information is asked/no information is held. However, a statement of No 15248442M Gnr Naresh of Arty Records is enclosed herewith.
(f) Para 3 (iii) (f). As per records held, an amount of Rs 6,300/-expended on preparation of photos and these are placed in troops Motivation Hall
(g) Para 3 (iii) (g). As per records held, Arty Records does not have any ground named after a serving Army Officer as per Para 1402 of Regulation for the Army 1987
(h) Para 3 (iii) (h) No specific information is asked by you."
7. Being dissatisfied, the appellant filed a First Appeal dated 05.02.2022. The FAA vide its order dated 06.04.2022, held as under:
"AND WHEREAS, Public Information Officer, Artillery Records, Nasik Road Camp has replied to you vide Artillery Records letter No1693/RTI/316/RTI Cell dated 17 Feb 2022, 1693/RTI/315/RTI Cell dated 17 Feb 2022 and 1693/RTI/386/RTI Cell dated 28 Feb 2022.
AND WHEREAS, having felt aggrieved by the response of the Public Information Officer, Arty Records, Nasik Road Camp, you have preferred an appeal dated 05 Feb 2022 to the First Appellate Authority under the provisions of Section 19 (1) of Right to Information Act 2005.
AND NOW THEREFORE, after having perused all the records and hearing views of the Nodal Officer, I found that Public Information Officer has replied to you vide Artillery Records letter No No1693/RTI/316/RTI Cell dated 17 Feb 2022, 1693/RTI/315/RTI Cell dated 17 Feb 2022 and 1693/RTI/386/RTI Cell dated 28 Feb 2022 (Photocopies attached).Page 7 of 40
Your appeal is disposed off accordingly."
8. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
(3) CIC/DODEF/A/2024/107069 Relevant facts emerging from appeal:
RTI application filed on : 29.01.2022 CPIO replied on : 28.02.2022 First appeal filed on : 05.02.2022
First Appellate Authority's order : 06.04.2022 2nd Appeal/Complaint dated : 17.02.2024 Information sought:
9. The Appellant filed an RTI application dated 03-02-2024 (offline) seeking the following information:
"COMPLAINT No 4902/Complaint dt 27 Dec 2021 with regard to unnecessary harassment, using criminal force against man in uniform, insubordination and obstruction, ill-treating subordinate in open forum, misuse of power, criminal intimidation.
(A) Please provide a copy of authority with full of justification under which Colonel Habeebu Rehuman PM has been exempted from morning PT Parade since his posting to Arty Records, being medically SHAPE-1, whereas he is issuing counselling to others, who are exempted PT Parade by duly constituted medical board.
(B) Please forward CCTV footage, clear showing IN/OUT morning & evening Office timings attendance by Colonel Habeebu Rehuman PM since his posting to Arty Records, duly write in a CD to justify reasons for regular violation of office timings by Colonel Habeebu Rehuman PM in previous Command by Col KC Rao and Lt Col MC Tyagi, even if in highly urgent organized conference in which Lt Col MC Tyagi got annoyed infront of his juniors. Moreover, sometimes doesn't come to office in the evening, we used to wait hours together. Now in his own Command cunningly posted Lt Col LD Bhuyan& Maj Rajesh like Officers during their Ive to ER to clear his pending data validation and data synchronization between sheet rolls-ARPAN, due to his negligence, mis-management and quarrelling nature. Notwithstanding above, cancelled all Ive of all officers, which was not done during certain conventional war, so that he Page 8 of 40 can project his high sense of responsibility before OIC Records, DG Arty &Sr Col Comdt, which is contrary to the fact. Maximum time brings adult children to his office, for which we feel embarrassed to discuss official issues. Also provide copy of Log Book/Worthiness Certificate/Maintenance Card duly mentioned last date of functional efficiency of CCTV to rule out any conspiracy for theft of Lt Col LD Bhuyan's mobile.
(C) If answer is "CCTV FOOTAGE IS NOT AVAILABLE & NOT FUNCTIONAL", kindly mention name of authority, who is responsible for maintenance of CCTV as per SOP. If CCTV is not working, then why huge tax payer money has been mis-utilised & who is responsible for the same, so that apportion of responsibility can be done and case will be taken up with higher authorities for needful action for mis-utilisation of Govt property.
(D) Please provide a copy of invoice duly mentioned cost of CCTV installed in Arty Records. Date of last maintenance and cost of maintenance and present responsible authority name and designation as per SOP. Although several CCTV camera, especially one costly camera infront of OIC Records & Colonel Records office are installed, still mobile of Lt Colonel LD Bhuyan got theft by someone from high security zone infront of one Combat orderly and one Civilian MTS, duly closed both end of corridor for others, being OIC Records was present in his office. Still we are talking about present Command and Security of Arty Records.
Moreover, responsibility has not been fixed so far for such lapses. Earlier OIC Records/ Offg Col Records Lt Col MC Tyagi and myself have found such lapses during night, while office was opened, for which I have pointed out to change and close illegal appointment of Adjt Maj Om Prakash contrary to the provisions of Ser No 10 of Govt of India, Ministry of PE: V/210/1946/15 in which it has mentioned that "One CRO/Col Records and one Administrative Officer will be authorized to all Record Office". Two Officers (Adjt/Adm Officer) free from night duty and other Board of Officers, still unable to manage security of office premises. Notwithstanding above, there was a discussion that "It is the prerogative of CO to appoint such officer as Adjt", whereas nowhere it has mentioned as prerogative of CO. It should be right man for right job, based on principle and not by choice of CO. But it is the obligatory duty of every person in military employ to bring at once to the notice of his immediate superior, or the next superior where the immediate superior officer is involved, any case of dishonesty, fraud or infringement of orders that may come to his knowledge as mentioned in para 317 of RA-1987, to check and balance the power of CO, so that no one can mis-utilise his Page 9 of 40 power and position of CO, as incase of Colonel Habeebu Rehuman PM. If you will check CCTV installed in main entrance of Arty Records, then found everyday Adjt/AdmOffr/SM/stick Orderly stand infront of Main Gate of Arty Records, only to salute and open door of Col Records vehicle whenever & wherever he goes out and comes in. Almost 5 lakhs gross salary of these Govt officials are being wasted for sake of happiness and show making of Colonel Records, which is indeed utilized in ER Group for good documentation of JCOS/OR fighting for sake of Nation.
(D) Please give me a copy of authority under which, the following officers have done outstanding job, beyond call up duty in addition to present task, for which they been conferred with Army Cdr Commendation by violating Para 6(m) of letter No 810101/R/MS-2 dt 31 Jan 2019, which says 18 months tenure in the present unit/fmn HQ/est is mandatory and would be strictly followed except act of gallantry, sports & adventures activities. This policy was introduced after famous case title " TRUTH OF KETCHUP COL KILLINGS EXPOSED", in which a fraudulently cooked up encounter of five terrorists in 'BadaNagadun (Assam) in 2003 that led to the sacking of Col HS Kohli-infamously known as 'Ketchup Colonel' as published in national media especially 'INDIA TODAY' &thus tarnished image of entire Indian Army. To check the fraud this policy was introduced :-
Name TOS Date of Name of Total Remarks
Award Award Duration
Lt 31/08/2019 20/05/2020 GOC-in-C Approx 9 Went on
Col(Now Commendation months Ive during
Col) only Best
Gurpal Records
Singh Trophy by
handing
over me
charge of
CRO
Pension
Group NE
Maj HC 07/04/2019 20/05/2020 GOC-in-C Approx 1
Pradhan Commendation year
Maj Om 03/9/2019 11/08/2020 GOC-in-C Approx
Prakash Commendation 11
months
Lt Col 21/12/2020 28/06/2021 GOC-in-C Approx 6
MC Commendation months
Tyagi
Page 10 of 40
Lt Col N 05/07/2020 28/06/2021 GOC-in-C Approx
Dubey Commendation 11
months
(E) Please give me a copy of authority under which, power has been vested with Colonel Habeebu Rehuman PM and Maj Om Prakash to withdraw buddy/helper/orderly from Lt Colonel Laxmi Dhar Bhuyan from 02 Jan 2022 onwards, whereas other officers of his equal rank and status and below are getting regular service, by violating Govt of India, Ministry of Defence PE: V/210/1946/15 and Central Govt orders Al 30/69 and also provide following information :-
Name of Name of Name Name of Name of Name of
Officers helper with cook orderly MTS PA
time of
employment
daily
Colonel
Habeebu
Rehuman
PM
Maj Om
Prakash
Other
retired
officers
(F) Please forward a copy of convening order in which Maj Anmol Singh was detailed as a member in C of I with regard to illegal rations taken by Ex NK Santosh Bhausar, who staying inside after retirement from Arty Records.
(G) Please forward a copy of authority for tempering of evidence by converting wet canteen being illegally run by utilizing army personnel posted in Arty Records to ESM cell in Arty Records, as the case has not been finalized by the competent authority.
(H) Please forward copy of action taken report on my complaint No 4902/Complaint dt 26 Jan 2022."
10. The CPIO furnished a point-wise reply to the Appellant on 28.02.2022 stating as under:
Page 11 of 40"(a) Para 3 (iii) (a). No specific information is asked by you and no authority is held. No one is excused from PT parade except on essential duty and officers living in Devlali Station.
(b) Para 3 (iii) (b) & (c) It is proposed that the CCTV footage may be seen by you in person being present in organisation/unit.
(c) Para 3 (iii) (d). No specific information is asked, However, a matter of missing mobile phone in office complex is being investigated by a duly constituted Court of Inquiry. Regarding appointment of Adjutant, a photocopy of IHQ of MoD (Army) letter No A/25227/ Org 8 (1 of R) (B) dated 05 Feb 93 is enclosed herewith and also you may refer Para 11 and 14 of ARI 2019. Further, as per PE No V/210/1946/2015, one offr per 27 Clks is authorised in Records Office. Accordingly Local Adm Gp is posted with two Offrs since year 1982.
(d) Para 3 (iii) (d). authority ile the commeridations issuing Command Headquarters. Information may be asked from the competent
(e) Para 3 (iii) (e) No specific information is asked/no information is held.
However, a statement of No 15248442M Gnr Naresh of Arty Records dated 02 Feb. 2022 is enclosed herewith.
(f) Para 3 (iii) (f) to (h) No specific information is asked/held with Artillery Records. Information may be pertaining to Artillery Centre, Nasik Road Camp"
11. Being dissatisfied, the appellant filed a First Appeal dated 05.02.2022. The FAA vide its order dated 06.04.2022, held as under:
"AND WHEREAS, Public Information Officer, Artillery Records, Nasik Road Camp has replied to you vide Artillery Records letter No1693/RTI/316/RTI Cell dated 17 Feb 2022, 1693/RTI/315/RTI Cell dated 17 Feb 2022 and 1693/RTI/386/RTI Cell dated 28 Feb 2022.
AND WHEREAS, having felt aggrieved by the response of the Public Information Officer, Arly Records, Nasik Road Camp, you have preferred an appeal dated 05 Feb 2022 to the First Appellate Authority under the provisions of Section 19 (1) of Right to Information Act 2005.
AND NOW THEREFORE, after having perused all the records and hearing views of the Nodal Officer, I found that Public Information Officer has replied to you vide Artillery Records letter No No1693/RTI/316/RTI Cell Page 12 of 40 dated 17 Feb 2022, 1693/RTI/315/RTI Cell dated 17 Feb 2022 and 1693/RTI/386/RTI Cell dated 28 Feb 2022 (Photocopies attached)."
12. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
(4) CIC/DODEF/A/2024/121500 Relevant facts emerging from appeal:
RTI application filed on : 21.01.2024 CPIO replied on : 04.03.2024 First appeal filed on : 09.04.2024
First Appellate Authority's order : 02.05.2024 2nd Appeal/Complaint dated : 28.06.2024 Information sought:
13. The Appellant filed an RTI application dated 21.01.2024 (offline) seeking the following information:
"(i) Subject matter of information*: COMPLAINT No 4902/Complaint dt 27 Dec 2021 with regard to unnecessary harassment, using criminal force against man in uniform, insubordination and obstruction, ill-treating subordinate in open forum, misuse of power, criminal intimidation, my DO letter No 4902/Complaint/A dt 10 Feb 2022 and Station HQ, Devlali convening order No 13/ACL/LDB/AR/1A(PC) dt 01 Apr 2022.
(ii) The period to which the information relates:
(A) 13 Jul 12019 to 17 Jan 2023 (Arty Records, Nasik Road Camp case)
(iii) Description of the information required: (A) Please provide day wise details of Extra messing amounting to Rs. 2300.00, as mentioned in my Mess Bill for the month of Sep 2020(Copy att as Apxx 'A') duly supported with extra messing slip.
(B) Please provide details of Mess Hav from 01 Aug 2019 to 31 Jul 2022 duly mentioned their Army No. (C) Kindly forward copies of circulars for Official Parties conducted at Arty Officers' Mess from 01 Dec 2021 to 31 Jul 2022.
(D) Lt Col (Dr) LD Bhuyan was authorized members of Arty Records Officers' Mess, as per Para 1256(a) of Regulations for the Army 1987 (Rev Edition), for which he had paid entire Mess Bill till his permanent Page 13 of 40 posting on 12 Aug 2022, but the officer was not invited to all the official parties from 27 Dec 2021 to 30 Apr 2022, while employed with Depot Bn, Arty Centre with separate PE. Even if, no circular was shown to the Officer during the said period. Was it plan to declare absent from Mess function being contrary to the provisions of Para 1257 of Regulations for the Army 1987(Rev Edition) or any authority is prevailed in the Arty Records to support to the same. Kindly forward a copy of letter or authority underwhich Lt Col(Dr) LD Bhuyan was not invited to Officers' Mess as enumerated above.
(E) Please provide details of C of I/Board of Officers performed by SL-
5002P Maj (Now Lt Colonel) Anmol Singh, while posted with Arty Records from 01 Aug 2019 to 31 Aug 2020/till his permt posting to CMP Records. Kindly provide me each copy of convening order in which Maj (Now Lt Col) Anmol Singh has been detailed as Member/Presiding Officer of C of from 01 Aug 2019 till his permt posting to CMP Records.
(F) Please forward a copy of authority underwhich Col H Rehuman (Retd) has been re-employed by the same Station Cdr Brig A Ragesh (Both belong to Kerala against whom various complaints with serious allegation like corruption, manhandling, criminal intimidation, III- treatment with subordinate alongwith other Kerala Officers have been lodged by me). Even if, FIR with regard to theft of my mobile to temper evidence has been lodged, in which all are suspected in the said case. Kindly forward a copy of recommendation of civil employment/ECHS by OIC Records prior to his superannuation.
(G) Please forward a copy of authority under which it has been cater for Private Parties by utilizing Govt and private resources to gain profit like 3 parties were organised at Arty Records Officers' Mess by Col H Rehuman(Retd) and all the private School management staffs were invited to employ Col H Rehuman (Retd) wife as a teacher in Private School in Nasik. Secondly, Col H Rehuman(Retd) hosted a grand Party with Col PR Vijayan(Retd) on 31 Mar 2022, a Kerala based Officer by utilizing Govt and private property. Even if a Kerala based Officer named Capt Vijesh Thampi was officially detailed for 2 days to escort Col PR Vijayan (Retd) and his wife from Museum to THI and other places (ER Whatsapp Gp msg is evidence on the subject). It is highlighted that "While Col PR Vijayan(Retd) was Col Records wef 01 Sep 2005 to 20 Sep 2007, that time Maj (Now Col) H Rehuman (Retd) was Adjt wef 01 Aug 2006 to 31 Dec 2007, both have done something out of which one of the best SL officer Lt Col SN Yadav(Retd) was sent to INHS Aswini duly Page 14 of 40 recommended AFMSF-10, later att to Arty Centre, similar to my case and other Late Capt Mahinder died due to accident against whom certain allegations were leveled. Stil! several questions are pending. Again Lt Col SN Yadav(Retd) was posted to Arty Records during 2020-21 and he was graded outstanding and given most responsible job of CRO NE PG. How is it possible?
(H) Please provide a copy of authority in which it has mentioned to provide helper/buddy/batman to retd officer, as Sep Puny Mani was performing duties of helper upto 6 months after retirement of Col KC Rao(Retd). And also provide details of helper /Cook employeed with Col H Rehuman(Retd). I know they will try to put pressure on him to say something different, that's why I have kept concrete evidence to corroborate my statement. Col KC Rao(Retd) while posted with Records The Punjab Regt doing as Canteen Officer of Punjab Regti Centre. Local Police/CBI & Int captured two trucks of CSD items while unloading in Civil Area in a Godown to sell to unauthorized civilian by his staff Sep Brahma Prakash and Sep LR Saini, who were later dismissed from service. Is it possible? The same Col KC Rao(Retd) was running WET Canteen here in Arty Records.
(J) Please forward copy of authority under which Brig A Ragesh is empowered to attach me to Depot Bn, Arty Centre with following duties(Copy of daily attendance Register enclosed as Appx 'A'), contrary to the provisions of Para 328 of Documentation Procedures of JCOS/OR 1992:-
CHARTERED OF DUTIES OF LT COL LD BHUYAN AT DEPOT BN WEF 11 JAN 2022 TO 31 MAR 2022 DULY SIGNED BY COL. S RAMESH OC, HOLDING BTY Morning Parade (Yoga): 0600h to 0730h Office Parade (Management of X2 List pers): 0830h to 1400h Preparation of slide for DG Arty briefing & Comd Preparation of Yoga Table for each Individual based on their med cat Evening Parade Yoga: 1700h to 1930h Duties after 01 Apr 2022:-
Morning Parade (Yoga): 0600h to 0730h Evening Parade (Yoga): 1915h to 1945h
-On 11 Jan 2022 Brig A Ragesh ordered Col Johny Paul, Offg CO Arty Centre Depot Bn to prepare office for Lt Col LD Bhuyan with above Page 15 of 40 Charted of duties which have been signed by COL S RAMESH OC, HOLDING BTY I religiously followed verbal orders of Brig A Ragesh and other officers of Depot Bn, my daily attendance is put up for perusal (Copy of daily attendance Register enclosed as Appx 'A'). The matter of the fact is Brig A Ragesh and Col H Rehuman both have planned to declare me absent from duty by keeping me away from Arty Records, but could not succeed, when produced material evidence before them. Even if, they locked my office by violating Article 310(1) of Indian Constitution and released inter-transfer posting, but no one handed over me new charge till 01 Apr 2022. I had written several letters in this regard, but they denied dealing staff to not to receive any letter from me. In this connection the Dak receive JCO Sub NS Parihar statement may be taken into account. He clearly denied infront of Lt Col AK Sengupta and Maj Rakesh Kumar to sign on receipt of my letter. Similarly Dak sent through MTS-7965 Dipak was received by Lt Col Habeeb S a Kerala based Officer, but denied to sign on DAK Receipt slip(Copy of Dak slip enclosed as Appx 'B' & 'C'). Although I signed all the receipts in r/o letters issued by Arty Records against me, but when I sent reply, cunningly no one from Arty Records signed receipt despite of received of my letters from my orderly(Copy of Dak slip enclosed as Appx 'D'). IT IS HIGHLIGHTED THAT CONSEQUENT TO MY WORLD RECORDS, RESPECTED DG ARTY WHILE CONFERRING ME DG ARTY ALL ROUND MEDAL HAS TOLD ME IN OPEN CONFERENCE ON 07 JAN 2022 TO TRAIN AND UPHOLD STANDARD OF PHYSICAL FITNESS OF ARTY CENTRE. By taking the benefits of the said statement, Brig A Ragesh with verbal order sent me to Depot Bn on 11 Jan 2022 and later very cunningly told me that he had only told to conduct Yoga. In this connection please refer my letter No 4902/Complaints/A dt 12 Jan 2022. If that is true, then why my office was opened at Depot Bn? Why did Brig A Regesh told Col Menon, CO Depot Bn during my presentation at Centre Conf hali on 19 Jan 2022 (Wed day) to provide Computer, internet and other facilities at Depot Bn, Why charted of duties prepared for me by Col S Ramesh, OC Holding Bty(Copy of daily attendance Register enclosed as Appx 'A'), contrary to the provisions of Para 328 of Documentation Procedures of JCOs/OR 1992.
It was also decided by Brig A Ragesh to conduct yoga of very poor health condition X-2 List pers after 0900 am onward with proper register, in which Col Sanjeet Kohli, Dy Comdt, Col Rajesh Gupta, Trg Offr, Col Memon and Col S Ramesh all were present. Notwithstanding above, Brig A Ragesh while driving in open Gypsy alongwith Brig AVS Anil Kumar, Page 16 of 40 Comdţ MH to carry out inspection of Quarantine hall, Arty Depot Bn, halted at Depot Bn at about 1100h on 24 Jan 2022 and asked me whether I was comfortable with new office Depot Bn or otherwise? All the details have been communicated to Brig A Ragesh time to time by means of letters, e-mail and personally by me. The matter of the fact is when I asked for the authority underwhich Brig A Ragesh is empowered to detail me in Depot Bn, then he played dexterous game and told Col H Rehuman (Retd) to give me a charge in Arty Records on rejoining from Ive on 01 Apr 2022.
(K) Please forward a copy of action taken report on my letter No 4902/Complaint/A dt 24 Jun 2022 addressed to Arty Records (Copy of Dak slip enclosed as Appx 'E'), in which i have given details of illegal activities to earn money by Col Records, but they regularized after my complaint(once only). Kindly provide PROPERTY details of Computer File in which MRO and Board of Officers have been typed to ascertain correct fact le date and time of initiation of letter. Also provide me CCTV footage of Kargil Gate and Ashok Chakra gate to trace out civil vehicle carrying all the illegal/objectionable materials to sell outside (Period Aug 2019 to Aug 2022). KINDLY GIVE ME A COPY OF MRO IN WHICH MONEY FOR SELLING OF SHREDDING PAPERS has been mentioned time to time.
(L) Please provide a copy of tender documents and final allotment of controversial WET Canteen, Arty Records with all relevant documents.
Again a Kerala based ESM is running the said canteen. What a coincidence? Prior to my complaint no single penny was coming to authorized Arty Records account. Now Rs 34,200/- pm rebate from same WET Canteen, Rs. 16,000/-pm from Tailor and Mobile and watch shop infront of NE PG Gp is apparently stop now, who was giving Rs. 10000/- pm during my time. Now yearly 6,02,400/-(Six lakhs two thousand four hundred only) is corning to official account after my complaint. The person who is giving rebate of 34,200/-pm what would be his whole Income per month, kindly imagine. During COVID-19, whole Centre & Records both staffs were depending upon this canteen, in which all the Govt ration, Govt manpower were deployed. Prior to my complain, where is the account in which these money has been credited. Kindly provide me details of said account prior to 01 Apr 2019 to 31 Mar 2022. Lt Col Tarsem Singh, Maj Om Prakash, JC-277488L Sub Clk Sanam Rana, JC-285792K Nb Sub Balbir Singh, JC-288675K Nb Sub Clk Ashok Tiwari these JCOS were maintaining above secret accounts. There are several coconut trees producing coconut, which are being sold by Arty Records. Kindly provide accounts details of the Same. Brig A Ragesh has been Page 17 of 40 regularly consuming the same coconut and must be knowing about its transactions. Almost 1100 to 1200 every months + our Jawan almost 400 to 500 Approx 1500 were daily taking plate of food from Arty WET Canteen cost Rs. 30/-X1500 = 45000/- per day x 300 days excl live 1,35,00,000/-(One Crores thirty five lakhs only) per year. It is a big question to think over viz why Senior Officers are defending this case despite of knowing the fact. Even if Brig A Ragesh has consumed the same Samosa, Idli, doosa, sandwitch everything from same WET Canteen. I am having lots of evidences with me. Incase of C of I, AR 180 will be invoked and truth will be come out easily.
(M) VIOLATION OF FUNDAMENTAL RIGHTS: Right to Education of minor child.Kindly give me authority under which Brig A Ragesh, Col H Rehuman (Retd), Maj Om Prakash and Maj S Anil Kumar by violating article 310(1) of Indian constitutions, lock my office during lunch break on 31 Dec 2021 onwards in which my valuables including 10th CBSE certificate of my minor Sin Kishan Kumar Bhuyan was kept. I requested them to open my office at least for CBSE certificate of my minor child, so that my son +2 form fill up can be done at Bhubaneswar, but these officers did not allow me to do so. Even if they did not allow me Ive, resulting into my minor son came to Nasik during extreme Covid-19 Pandemic with grate traumatic conditions. A best student life was spoiled by these officers, only he managed to pass with 63.8%, which is nothing in present scenario. Several times my minor child roam around Nasik from Bhubaneswar for his documents, which were kept in my office during COVID-19 pandemic Jan 2022 to Jun 2022. Kindly provide me a copy of Board of Officers (IAFD-931) for seal of my office duly mentioned List of my personal documents, valuables and other items which were kept in my office Locker and also request to confirm date and time, when Arty records will hand me over these items and valuables.
(N) VIOLATION OF FUNDAMENTAL RIGHTS: Right to equality Please provide a copy of authority under which Brig A Ragesh and Col H Rehuman (Retd) both have empowered to employ me by violating right to equality. Also forward a copy of performance audit report of all officers posted from 01 Aug 2019 to 31 Aug 2022. Although 33 Officers were posted at Arty Records, still maximum duties were allotted to me to clear pending DAK of other officers, extra duties, classes/lecture for Offr, NCC and others/Nodal Officer for Comd Court case and so on. Even if, maximum letters of other task were given to me for drafting, with plea that I am an experienced Officer AND Legal expert, whereas Maj Om Prakash like officer have done nothing for sake of organization except Page 18 of 40 Adjutant, which is not authorized in the PE. His only duty is to collect money for Col Records as enumerated above and every day observes 'Happy hour' with huge drinks in Officers' mess with Col Records. I have proved it before Brig A Ragesh, when I asked a simple question to both Col H Rehuman (Retd) and Major Om Prakash on 11 Jan 2022, as to what action should be taken when reported a Rect with false education cert ? These two officers failed to depict the course of action with proper authority, even if did not say a single word in its response. It is violation of Right to equality. My previous Head Clk Sub/Clk KK Thakur(R&D), Sub Maj Clk Satvir Singh (Hony RA-7 & 7A), Sub HN Paul(AGIF), Sub Clk NS Parihar(ECHS), Sub Clk Vilas Kharge ER-6, Nb Sub Mandal ER-6 all have told that I was engaged from morning 0600h to Late night upto 1000pm. But Inquiry Officer manipulated the story to defuse my complaint. The matter of the fact is huge corruption was going on in Arty Records since long. When I opposed, every beneficiary got annoyed and tried to fix me but could not do anything, because of my honesty and integrity and legal expertise of 34 years.
I am the only officer of Indian Army, who was active member of 6 Records, out of which 3 Records have been conferred with 'Best Records Office Trophy' including Arty Records, in which I was Offg CRO NEPG Gp during competition bd, several books of World Records holder, who has written 3 valuable books for Indian Army like "DOCTINE OF DISCIPLINE"
& "Rishtey" by sacrificing valuable family life and sacrificed my hard earned money including ancestral property for sake of General public by setting up 1 Lord Baba amaranth temple in Odisha and donated entire incentive to poor and destitute. Still I am spending some portion of my salary for general public, poor and destitute. I cann't tolerate corruption.
(o) Kindly forward a copy of authority underwhich Brig A Ragesh and Col H Rehuman did not allow me to participate in any mess functions from 01 Jan 2022 to 30 Apr 2022, whereas I have paid all the mess bills. Even if, they did not inform me about official party like Dining In and out. No circular has been sent to me.
(P) Kindly forward authority to cancel Ive of all officers ie para of Lve rule/DSR including mine by Col H Rehuman vide ION No 1008/LA-1 dt 07 Jan 2021, it clearly shows Col H Rehuman was misusing his official position.
(Q) Please provide me a copy of authority underwhich power has been vested with Col H Rehuman(Retd) to issue counseling absent from duty, Page 19 of 40 whereas I was present from morning 0600h PT parade to Late night despite of medical exemption of Ex-PPG and prolonged standing duties.
Col H Rehuman(Retd) has written a letter to medical authority for clarification, but no clarification has been given by med authority, as it is clear to all. RA-327 Reproof does not have any terminology like "Counseling. Even if, in minor censor process, as per RA-327, first show cause notice is mandatory.
(R) Please provide me a copy of authority underwhich power has been vested with Col H Rehuman (Retd) and Maj Om Prakash to send a individual to my home town(Balasore) to collect information/weak points and to promote certain miscreants to write against me to Army authorities, as enumerated in para 3 of Shree Loknath Civil Society, Balasore Regd No BLS-9688-29 under Societies Act XXI of 1860, letter No 10(ii)/SLCS dt 16 Apr 2022 addressed to Hon'ble Chief Minister of Odisha with copy to all the Army agencies including Local Police Station and again provoked MTS Uday Bhan and Mr Anand Tiwari, a fraud star of Insurance Coy, who was forcing me to do insurance, whereas I purchased a online Palicy through my S3 Acct. Despite of giving full details of my Car Insurance and account details, still these officers provoked him to write against me, but he did not do 50.
(S) Please provide me a copy of authority underwhich power has been vested with Col KC Rao(Retd), Lt Col Tarsem Singh and Maj Om Prakash to destroy my private property ie Green cloths in and around boundary of Govt md accn 20/2 NRC (T) Please provide me a copy of authority underwhich power has been vested with Col H Rehuman (Retd) and Maj Om Prakash to stop sending my buddy/helper/orderly as authorized to me as per Al 30/86 to my Govt md acon, while I was staying alone. Brig A Ragesh and Lt Col Rajender both are witnesses in the said issue, as my buddy has given statement before them. It is highlighted that Col H Rehuman(Retd) has withdrawn helper from Col Basnet earlier, which clearly shows he was misusing his power in every unit (U) Please provide me a copy of authority under which Brig A Ragesh and Col H Rehuman both are entitled to appoint whole tenure of Maj Om Prakash as Adm Officer and Adjutant, which is not authorized as per PE by violating IHQ of MOD(Army) letter No A/359311/MP-8ll of R)(b) dt 19 Apr 2017(Copy enclosed as Appx F). Brig A Ragesh, (OIC Records), Col H Rehuman(Col Records), Lt Col Habeeb S(Adjutant but not authorized in Page 20 of 40 PE), Maj 5 Anil Kumar(Adm Officer), Lt Col Dhanesh EP, Capt Vijesh Thampi, Maj Manesh N and others, all are from Kerala based Officers and their associates, who were creating mockery of "Grahibaji". While they were enjoying with parties with less work, corruption, we like single Odia Officers were suffering due to ill-effect of huge task without rest. Still these Officers managed to convince higher authorities, by manipulating a corruption case as simple with plea that I a self centric officer.
IT IS HIGHLIGHTED THAT DESPITE HUGE TASK BEING Sec Offr, HONY SEC(RA-7), LSGC & MSM, Medal (RA-7A) ASIA'S BIGGEST RECORDS during Republic day/independence day, I REGISTERED SEVERAL WORLD RECORDS on 15 Jan 2021 and 15 Aug 2021, while other officers were struck due to COVID-19, by managing my own staff. I have managed everything at my own starting from laision with Hon'ble Judges of District Court to media including DGMI clearance, layout of seating arrangement to vehicle fittings. All the letters have been typed by me only. No clk has been emp. I have managed my own time during morning and evening/late night for practice. A single work of mine has not been done by anyone during process of my World Records. I have spent all the expenditure approx Rs. 14 Lakhs for both the events. However, Arty Records has spent very meagre amount on account of hoarding and modification of Gypsy for name & fame of Arty Records. I have always taken addl responsibility of other officers throughout my career.
I have put my life into risk for name of Arty Records and Indian Army as a whole. Still they managed to convince hierarchy of Army that it is an Indl act, despite of Col Records own DO letter to all the Ministry that it is not indl act but organized by Arty Records. If the record set by the officer is a pers milestone not as a rep of org, then why Arty Records has taken initiative, why Govt veh was used, why Govt sanction was obtained as a rep of Arty Records. Kindly give me an authority issued by parliament under which it has clarified that the act of World records done by Lt Col(Dr) LD Bhuyan is pers milestone and act of Sub Neeraj Chopra, Olympic Gold medalist is rep of org. If I am not rep of org, legally I can not do any activities in my private capacity in Arty Centre. The matter of the fact is when I objected illegal things especially corruption in Arty Centre and Records, they cancelled my two times recommended "VISHISHT SEVA MEDAL" and did not recognize my World Records (V) Kindly provide me details of surplus rations distributed to all family members of Arty Records during Jun 2022 onwards.
Page 21 of 40(W) Kindly fwd a copy of C of I in r/o JC-290344F Nb Sub Inderjeet Singh and its action taken report, against whom allegations of corruption leveled by various Jawans.
(X) As per para 1402 of RA 1987(Rev Edition), Naming and re-naming of Millitary Barracks, Lines, streets and installations will only be named or re-named after famous Military Commanders on approval of GOC-in-C Command. Kindly forward copy of sanction of GOC-in-C Command in respect of following installations, which were re-named during Aug 2021 and Jan 2022:-
THAKUR BLOCK-ARTY RECORDS MAIN BUILDNG KESWA HALL - IN THE NAME OF COL KC RAO(RETD) inaugurated by Brig A Ragesh BHUYAN SPORTS COMPLEX-IN THE NAME OF LT COL(Dr)LD BHUYAN (Front side bd: School side) WORLD RECORDS HOLDER BHUYAN SPORTS COMPLEX - IN THE NAME OF LT COL(Dr)LD BHUYAN (Infront of NEPG Arty Rec) WORLD RECORDS HOLDER LT COL(Dr)LD BHUYAN PHOT DISPLAYED IN GALLARY OF ARTY RECORDS OFFR MESS Again re-named after complaint of corruption against Col H Rehuman, Col KC Rao, Maj Om Prakash and others.
BHUYAN SPORTS COMPLEX-TO ARTY REC SPORTS COMPLEX (Front side bd: School side) BHUYAN SPORTS COMPLEX-TO ARTY REC SPORTS COMPLEX (Infront of NEPG Arty Rec) REMOVED LT COL(Dr)LD BHUYAN PHOT DISPLAYED IN GALLARY OF ARTY RECORDS OFFR MESS Please intimate details of act which denotes Col KC Rao (Retd) is a famous military Cdr and cost of naming and re-naming of board may please be given, as it is gross loss to excequer & public money. It is ample clear that Col H Rehuman was a revenge some officer.
(Y) Please give me a copy of authority under which Col KC Rao(Retd) and his family including guests were entitled regular free cooked food 3 times from Mess for entire 3 years plus tenure as well as free rations from ration store. Kindly give copy of part II order in case pub for claiming of tpt allces in r/o Col KC Rao(Retd) and Col H Rehuman(Retd).Page 22 of 40
(Z) Please give me a copy of authority under which power has been vested with Maj Om Prakash or Arty Records as a whole to write letter to Upnagar Police station to stop police Inquiry of theft of my mobile, whereas Para 357 of Regulations for the Army 1987(Rev Edn) says OC Unit will afford the civil authorities every assistance in the execution of criminal proceedings. Is there any authority with Arty Records to trace out loc and carryout investigation in civil area. Where is my mobile ?
Even if someone is not entitle gold chain in uniform, if that is lost then police FIR as per CrPC 154 needed and Police Inquiry is must. It is ample clear that the team of Officers are involved directly or indirectly to temper evidence by concealing/destroying my mobile. (B) Please forward statutory authority based on which Maj Om Prakash has written letter No 1036/LA-1 dt 06 Jan 2022 to SHO Upnagar Police Station to not to take any action against serving personnel of this unit contrary to the provisions of CrPC 154 & 41, in reference to property case No 20/2022 dt 04 Jan 2022, by using Army abbreviations like ION. The stamp clearly shows that he has written at his own capacity and not for OIC Records, while legal rights of Adjutant, Arty Records is not given in Govt of India, Ministry of Defence PE: V/210/1946/15.
(AA) Kindly give a copy of day to day employability details of all the Cooks/Carpenters/Adm staff posted/att with Arty Records wef 01 Aug 2019 to 31 Aug 2022 and also give man power audit report of the said cat.
(AB) Based on what authority Arty Records detailed me prolonged standing duties ie Wreath Laying at War Memorial on 03 Jan 2022: LT Gen TK Chawla AVSM, DG Arty visit, although I am medically exempted for prolonged standing. It is ample clear that Brig A Ragesh and Col H Rehuman (Retd) both were torturing me by violating basic human rights and by misusing power, still I was obeying all the orders without any question.
(AC) In response to my RTI Appln with regard to appointment of Col H Rehuman (Retd) as Commanding Officer, Arty Records has enclosed a copy of Para 324 of Documentation Procedure 1992, whereas I had asked for statutory provisions. Still para 324 of Documentation procedure 1992 says Col Records will be the Officer Commanding not Commanding Officer, as OIC Records is ex-officio as per Para 36 of RA 1987(Rev Edn). Documentation Procedure 1992 is not a statutory order, hence in every posting order issued by MS Br mentioned as Col Records. If that is the case, Para 325 says Lt Col will be treated as Chief Records Page 23 of 40 Officer, then based on which authority Arty records has pub my designation as SRO. PI fwd copy of auth to corroborate your statement.
(AD) Despite of auth documents ie leave cert, I was called to join duty enroute from LTC by Col KC Rao(Retd) Arty Records in the name of COVID-19 on 20 Mar 2020 and locked entire gate, even if did not allow me to cancel the tickets of whole family under TR 177A purchased by cash, whereas lockdown was from 25 Mar 2020. Thus I lost almost two lakhs air/rail tickets. All tickets were last time put up to Brig A Ragesh by Lt Col G Ramachandran during his Offg CO but of no results. Again after lockdown I went on Ive wef 03 Jul 20 to 29 Jul 20 and LTC was claimed, which is nothing to do with 20 Mar 2020. But in response to my RTI appln, Arty Records cunningly gave me LTC passed memo for 03 Jul 2020 onwards. Kindly give me a copy of claim passed for cancelled Ive/LTC 20 Mar 2020.
(AE) In response to my RTI Appln, Arty Records has attached my 'Statutory complaint' dt 13 Jul 2019 duly recommended by Col Records on 14 Feb 2020 with regard to wrong deduction of elect and water charges by Ramgarh BSO, but the same has not been fwd to Competent authority for redressal. Please fwd the authority under which my statutory rights under AA 27 read in conjunction with Para 364 of Regulation for the Army 1987 & AO 13/2006/PS have snatched.
(AF) In response to my RTI Appln, Arty Records has replied that Col H Rehuman is excused for PT Parade. Kindly give me a copy of authority in which it has mentioned that Col H Rehuman, SHAPE-I is exempted for PT parade and authorized to attend Office in late hours, whereas he has issued Counseling to other officer who are exempted for PT by med auth due to me.
(AG) Kindly give me a copy of PT Parade state of officers from 01 Aug 2019 to 31 Jul 2022 to proof before Hon'ble Court that Col H Rehuman & Col KC Rao both were creating mockery by not attending PT being SHAPE-I and issuing Counseling to exempted officers by misusing power.
(AH) Please give details of Office contingency grant(OCG/ACG), Regimental Fund, Officers' Mess Fund, JCOs Mess Fund Account of Arty Records wef 01 Jan 2019 to 31 Jul 2022 in following format, to proof that both the Col Records were misusing Govt/Regtl fund in connivance with Brig A Ragesh. There are big scanners available in NEPG Arty Records to get it done digitally and fwd through a CD :-
Page 24 of 40Fund Fund Purchased Purpose Whether allotted in expended through dealers through GeM Rs./fund In Rs. name & address or otherwise collected in and contact No Rs. (As applicable)
(AI) Please forward a copy of details of expenditure on account of preparation of World Records Photos of Lt Colonel Laxmi Dhar Bhuyan which were posted in Hall of Arty Records, Arty Officers Mess and authority for removing these photos, whereas other officers photos are still in Arty Officers Mess Gasllery, even if who have not served in Arty Records. By whose order these photos were posted and by whose order the same were removed with Govt authority and cost of public/private money forfeited for ego of these officers. Please forward a copy of details of expenditure on account of painting and preparation of 'BHUYAN SPORTS COMPLEX' in front of NE Group and Road side Board beside Nursery School and repainting with Black and white with other details, by removing his name. Please forward authority under which World Records holder Lt Colonel Laxmi Dhar Bhuyan name has been removed to tarnish his image and image of Indian Army as well. Who gave the authority to play dexterous game with a renowned World Records holder.
(AJ) Please give me a copy of authority in which, power has been vested with Colonel Habeebu Rehuman PM, Maj Om Prakash and Maj Anil Kumar to conceal private property of Lt Colonel Laxmi Dhar Bhuyan by putting his office under lock, by violating Article 310(1) of Indian Constitution and IPC 500 in his absence. There are several ways and means to shift office of senior officer in his presence, by issuing letters or by taking disciplinary action as per Statutory provisions of Govt of India.
(AK) Please forward CCTV footage, clear showing IN/OUT morning & evening Office timings attendance by Colonel Habeebu Rehuman PM since his posting to Arty Records, duly write in a CD to justify reasons for regular violation of office timings by Colonel Habeebu Rehuman PM in previous Command by Col KC Rao and Lt Col MC Tyagi, even if in highly urgent organized conference in which Lt Col MC Tyagi got annoyed infront of his juniors. Moreover, sometimes doesn't come to office in the evening, we used to wait hours together. Now in his own Command cunningly posted Lt Col LD Bhuyan & Maj Rajesh like Officers during their Ive to ER to clear his pending data validation and data synchronization Page 25 of 40 between sheet rolls-ARPAN, due to his negligence, mis-management and quarrelling nature. Notwithstanding above, cancelled all Ive of all officers, which was not done during certain conventional war, so that he can project his high sense of responsibility before OIC Records, DG Arty &Sr Col Comdt, which is contrary to the fact. Maximum time brings adult children to his office, for which we feel embarrassed to discuss official issues. Also provide copy of Log Book/Worthiness Certificate/Maintenance Card duly mentioned last date of functional efficiency of CCTV to rule out any conspiracy for theft of Lt Col LD Bhuyan's mobile. Request to fwd in a CD to produce before Hon'ble Court to corroborate my justification. Arty Records cunningly replied to my RTI Appin that CCTV footage is available but when I have visited almost 20 times to Col H Rehuman & Lt Col Habeeb S to show CCTV footage, nobody showed me the footage.
(AL) If answer is "CCTV FOOTAGE IS NOT AVAILABLE & NOT FUNCTIONAL", kindly mention name of authority, who is responsible for maintenance of CCTV as per SOP. If CCTV is not working, then why huge tax payer money has been mis-utilised & who is responsible for the same, so that apportion of responsibility can be done and case will be taken up with higher authorities for needful action for mis-utilisation of Govt property.
(AM) Please provide a copy of invoice duly mentioned cost of CCTV installed in Arty Records. Date of last maintenance and cost of maintenance and present responsible authority name and designation as per SOP. Although several CCTV camera, especially one costly camera infront of OIC Records & Colonel Records office are installed, still mobile of Lt Colonel LD Bhuyan got theft by someone from high security zone infront of one Combat orderly and one Civilian MTS, duly closed both end of corridor for others, being OIC Records was present in his office. Still we are talking about present Command and Security of Arty Records. Moreover, responsibility has not been fixed so far for such lapses. Earlier OIC Records/ Offg Col Records Lt Col MC Tyagi and myself have found such lapses during night, while office was opened, for which I have pointed out to change and close illegal appointment of Adjt Maj Om Prakash contrary to the provisions of Ser No 10 of Govt of India, Ministry of PE: V/210/1946/15 in which it has mentioned that "One CRO/Col Records and one Administrative Officer will be authorized to all Record Office". Two Officers (Adjt/Adm Officer) free from night duty and other Board of Officers, still unable to manage security of office premises. Notwithstanding above, there was a discussion that "It is the prerogative Page 26 of 40 of CO to appoint such officer as Adjt", whereas nowhere it has mentioned as prerogative of CO. It should be right man for right job, based on principle and not by choice of CO. But it is the obligatory duty of every person in military employ to bring at once to the notice of his immediate superior, or the next superior where the immediate superior officer is involved, any case of dishonesty, fraud or infringement of orders that may come to his knowledge as mentioned in para 317 of RA-1987, to check and balance the power of CO, so that no one can mis-utilise his power and position of CO, as incase of Colonel Habeebu Rehuman PM. If you will check CCTV installed in main entrance of Arty Records, then found everyday Adjt/AdmOffr/SM/stick Orderly stand infront of Main Gate of Arty Records, only to salute and open door of Col Records vehicle whenever & wherever he goes out and comes in. Almost 5 lakhs gross salary of these Govt officials are being wasted for sake of happiness and show making of Colonel Records, which is indeed utilized in ER Group for good documentation of JCOS/OR fighting for sake of Nation. (AN) Please give me a copy of authority under which, the following officers have done outstanding job, beyond call up duty in addition to present task, for which they been conferred with Army Cdr Commendation by violating Para 6(m) of letter No 810101/R/MS-2 dt 31 Jan 2019, which says 18 months tenure in the present unit/fmn HQ/est is mandatory and would be strictly followed except act of gallantry, sports & adventures activities. This policy was introduced after famous case title "TRUTH OF KETCHUP COL KILLINGS EXPOSED", in which a fraudulently cooked up encounter of five terrorists in 'Bada Nagadun (Assam) in 2003 that led to the sacking of Col HS Kohli-infamously known as 'Ketchup Colonel' as published in national media especially 'INDIA TODAY' &thus tarnished image of entire Indian Army. To check the fraud this policy was introduced. Since Arty Records has initiated their case, Arty Records is competent to respond :-
Name TOS Date of Name of Total Remarks
Award Award Duration
Lt 31/08/2019 20/05/20 GOC-in-C Approx Went on
Col(Now 20 9 Ive
Col) months during
Gurpal only Best
Singh Records
by
Trophy
handing
over me
charge
of CRO
Page 27 of 40
NE
Pension
Group
Maj HC 07/04/2019 20/05/20 Commendation Approx
Pradhan 20 4 year
Maj Om 03/9/2019 11/08/20 GOC-In-C Approx
Prakash 20 Commendation 11
months
Lt Col MC 21/12/2020 28/06/20 GOC-in-C Approx
Tyagi 21 6
months
Lt Col N 05/07/2020 28/06/20 Commendation Approx
Dubey 21 11
months
It is highlighted the Lt Col(Now Col) Gurpal Singh, was conferred with above commendation to promote him as Col, Lt Col MC Tyagi was due for prom, Lt Col N Dubey is still in prom zone. Since Maj Om Prakash was well accustomed with weakness of Col KC Rao(Retd) & Col H Rehuman, he was awarded commendation. Hence, these officers rather telling truth in favour of justice, completely endorsed wrong statement to save system, as system has given Commendation by violating their own law. Hence, Arty Records is competent to reply this RTI point, incase having any problem transfer this application to HQ Training Comd for reply under Rule 6(3)(ii) of RTI Act -2005.
(AO) Please give me a copy of authority under which, power has been vested with Colonel Habeebu Rehuman PM and Maj Om Prakash to withdraw buddy/helper/orderly from Lt Colonel Laxmi Dhar Bhuyan from 02 Jan 2022 onwards, whereas other officers of his equal rank and status and below are getting regular service, by violating Govt of India, Ministry of Defence PE: V/210/1946/15 and Central Govt orders Al 30/69 and also provide following information :-
Name of Name of Name Name of Name Name of
Officers helper with cook orderly of MTS PA
time of
employment
daily
Colonel
Habeebu
Rehuman PM
Maj Om
Prakash
Page 28 of 40
Other retired
Officers.
including Col KC
Rao(Retd) &
Colonel
Habeebu
Rehuman
PM(Retd)
(AP) Please provide a copy of Minute sheet under which Rs. 1,00,000/- (Rupees one lakh only) has been sanctioned as per request of Lt Colonel Laxmi Dhar Bhuyan to meet expenditure of personal event ie Longest time hitting on hips by heels on headstand position through Regtl Fund Acct, as mentioned in Arty Records letter No 1052/56/LA-1 dt 08 Mar 2022 recd in person on 28 Mar 2022. Please fwd PROPERTY details of Computer in which it has been typed and name of Clk/employee of Arty records to trace out the fake/fraud. Please fwd the authority under which provisions has been made to refund the said amount whereas the said amount has been given as MONEYTARY INCENTIVE to promote sports and adventure activities in the Army. Also give me a copy of transaction ID and other details in which Govt of Odisha has given me and credited Rs. 10,00,000/- (Rupees ten lakhs only)in my account and based on which authority Arty Records has mentioned that it seems more than expenditure incurred, as narrated in Arty Records letter No 1052/56/LA-1 dt 08 Mar 2022 recd in person on 28 Mar 2022.
IT IS HIGHLIGHTED THAT, IF COL H REHUMAN(Retd) AND MAJ OM PRAKASH BOTH HAVE DONE NOTHING wrong THAN WHY THEY BEGGED UNCONDITIONAL APOLOGY IN FRONT OF LT COL MC TYAGI AND LT COL RAJENDER TO WITHDRAW MY COMPLAINT? IT IS ALSO REQUESTED TO KINDLY GIVE SPECIFIC REPLY RATHER DIVERTING THE MATTER, AS GIVEN EARLIER IN RESPONSE TO MY RTI APPLN. Certain points to reply of said RTI Appln will be tagged with a rejoinder to WP© 13078/2022 filed on 19 May 2022 before Hon'ble High Court of Odisha (Lt Col Laxmi Dhar Bhuyan Vrs others) (AQ) Please give me a copy of my Hospital Adm/Discharge slip issued by MH Devlali from 07 Sep 2020 at 1600h to 17 Sep 2020 at 1400h.
(AR) Please give me a copy of letter addressed to MH Devlali duly signed by Col H Rehuman, whether should I fall in PT Parade, despite of medical Page 29 of 40 restriction as Ex PPG, BPET and Prolonge standing duties and a copy of its reply by MH Devlali.
(AS) Please fwd a copy of Noting sheet as mentioned in para 2(b) of Arty Records letter No CF/1004/305/LA-1 dt 18 Jan 2024 ie Violation of constitutional rights by OIC Records (RO) Arty Rec: Non-statutory complaint pending with RO since 14 Feb 2020(Almost 4 Years) and its PROPERTY details of File typed in Computer to ascertain correct fact.
(AT) Please fwd a copy of authority in which Maj Om Prakash is empowered to issue Mobile Gate Pass : Off/JCO/OR/CIV of Arty Records to use Smart phone in Office premises as it is contrary to the provisions of Army Cyber security Policy -2017 and para 14 of IHQ of MoD(Army) letter No A/38024/MI-11 dt 08 Jun 2020.
(AU) Please give me a copy of authority under which Arty Records is authorized "Adjutant" as the same is loss to the exchequer and contrary to the provisions of Integrated HQ of MOD(Army) letter No A/25227/Org 8(1 of R)(B) dt 05 Feb 1993 read with PE: V/210/1946/15 in which it has mentioned that "One CRO/Col Records and one Administrative Officer will be authorized to all Record Office".."
14. The CPIO furnished a point-wise reply to the Appellant on 04.03.2024 stating as under:
"Para 3 (iii) (A). Details of extra messing has already been handed over to you alongwith mess bill of Sep 2020 and the same was accepted by you as correct and hence mess bill paid accordingly.
Para 3 (iii) (B), (C) & (E). The information can not be provided to you being third party information as per Section 8 (1) (j) of Right to Information Act 2005. Hence, it is not feasible to provide you the same.
Para 3 (iii) (D). On examination of your RTI application, it is found that your request is for redressal of grievance/questionnaire. As per section 2
(f) of RTI Act 2005, Public Information Officer is not entitled to create information, interpret information, solve problems/grievances, justification and furnish clarifications raised by the applicant. Only such information can be provided which exists with the Public Authority.
Para 3 (iii) (F). In this connection, please refer Para 5 of Arty Records letter No 1693/322/RTI Cell dated 22 Feb 2023. However, no recommendation for Civil employment of Col Habeebu Rehuman PM Page 30 of 40 (Retd) was processed by Arty Records. Hence, it is not feasible to provide you the same.
Para 3 (iii) (G), (H), (J), (L), (N), (O), (P), (Q), (R), (S), (T), (U), (Z), (AB), (AC), (AE), (AF), (AG), (AH), (AJ). (AL), (AM), (AO) & (AP). In this connection, please refer Para 5 of Arty Records letter No 1693/322 /RTI Cell dated 22 Feb 2023 (photocoopy attached).
Para 3 (iii) (K) & (Μ). In this connection, please refer Para 5 of Arty Records letter No 1693/322 /RTI Cell dated 22 Feb 2023. However, the documents/ information sought by you not held with Arty Records. Hence, it is not feasible to provide you the same.
Para 3 (iii) (V). In this connection, please refer Para 9 of Arty Records letter No 1693/322/RTI Cell dated 22 Feb 2023.
Para 3 (iii) (X). In this connection, please refer Para 5 of Arty Records letter No 1693/322 /RTI Cell dated 22 Feb 2023. However, no installation in the name of any individual is presently held in Arty Records. Hence, it is not feasible to provide you the same.
Para 3 (iii) (Y). In this connection, please refer Para 5 of Arty Records letter No 1693/322 /RTI Cell dated 22 Feb 2023. However, the information can not be provided to you being third party information as per Section 8 (1) (j) of Right to Information Act 2005. Hence, it is not feasible to provide you the same.
Para 3 (iii) (W) & (AA). In this connection, please refer Para 10 of Arty Records letter No 1693/322/RTI Cell dated 22 Feb 2023.
Para 3 (iii) (AD). In this connection, please refer Para 11 of Arty Records letter No 1693/322/RTI Cell dated 22 Feb 2023 and you are personally collected your file from Local Adm office while posting out to AAD Records. Hence, it is not feasible to provide you the same.
Para 3 (iii) (Al).In this connection, please refer Para 5 of Arty Records letter No 1693/322 /RTI Cell dated 22 Feb 2023. However, no pers photo of any individual displayed in any installation of Arty Records nor details of expenditure held with Arty Records. Hence, it is not feasible to provide you the same.
Page 31 of 40Para 3 (iii) (AK). In this connection, please refer Para 10 of Arty Records letter No 1693/322/RTI Cell dated 22 Feb 2023. However, you can visit Arty Records to see the CCTV footage, if intended.
Para 3 (iii) (AN). In this connection, please refer Para 12 of Arty Records letter No 1693/322/RTI Cell dated 22 Feb 2023.
Para 3 (iii) (AQ). It is intimated that no hospital/ discharge slip pertaining to you held with Arty Records. Hence, it is not feasible to provide you the same.
Para 3 (iii) (AR), (AT) & (AU) It is intimated that the documents/ information sought by you not held with Arty Records. Hence, it is not feasible to provide you the same.
Para 3 (iii) (AS). Copy of noting sheet is not held with Arty Records. However, file noting is exempted under section 8 under Right to Information Act 2005. Hence, it is not feasible to provide you the same."
15. Being dissatisfied, the appellant filed a First Appeal dated 09.04.2024. The FAA vide its order dated 02.05.2024, held as under:
"AND WHEREAS, having felt aggrieved by the response of the Public Information Officer, Arty Records, Nasik Road Camp, you have preferred an appeal dated 09 Apr 2024 to the First Appellate Authority under the provisions of Section 19 (1) of Right to Information Act 2005. However, parawise reply of your appeal dated 09 Apr 2024 is as under:-
(a) Para 7 (iii) (A). You may refer Para 3 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024.
(b) Para 7 (iii) (B), (C) & (E). You may refer Para 4 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024. (b)
(c) Para 7 (iii) (D). 1693/327/RTI Cell dated 04 Mar 2024. You may refer Para 5 of Arty Records letter No
(d) Para 7 (iii) (F). You may refer Para 6 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024.Page 32 of 40
(e) Para 7 (iii) (G), (H), (J), (L), (N), (O), (P), (Q), (R), (S), (T), (U), (Z), (AB), (AC), (AE), (AF), (AG), (AH), (AJ), (AL), (AM), (AO) & (AP). You may refer Para 7 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024.
(f) Para 7 (iii) (K) & (Μ). You may refer Para 8 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024.
(g) Para 7 (iii) (V) You may refer Para 9 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024.
(h) Para 7 (iii) (X). You may refer Para 10 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024.
(j) Para 7 (iii) (Y)You may refer Para 11 of Arty Records letter No. 1693/327/RTI Cell dated 04 Mar 2024.
(k) You may refer Para 12 of Arty Records letter No Para 7 (iii) (W) & (AA). 1693/327/RTI Cell dated 04 Mar 2024.
(l) Para 7 (iii) (AD). You may refer Para 13 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024.
(m) Para 7 (iii) (Al). You may refer Para 14 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024.
(n) Para 7 (iii) (AK). You may refer Para 15 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024.
(o) Para 7 (iii) (AN). You may refer Para 16 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024.
(p) Para 7 (iii) (AQ). You may refer Para 17 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024.
(q) Para 7 (iii) (AR), (AT) & (AU). You may refer Para 18 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024.
(r) Para 7 (iii) (AS). You may refer Para 19 of Arty Records letter No 1693/327/RTI Cell dated 04 Mar 2024.
(s)Para 7 (iii) (AV). Copy of despatched details of Arty Records letter No 1693/1456/RTI Cell dated 18 Sep 2023 is enclosed herewith.Page 33 of 40
AND NOW THEREFORE, after having perused all the records and hearing views of the Nodal Officer, I found that Public Information Officer has replied to you vide Artillery Records letter No 1693/327/RTI Cell dated 04 Mar 2024 (Photocopy attached)."
16. 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 video-conference (wearing official uniform). Respondent: Shri Kamerkar M D, PIO along with Shri Sudhin P present through video-conference.
17. Proof of having served a copy of second appeal/complaint on respondent while filing the same in CIC on 16.02.2024 is not available on record. On a query from the Commission, the Respondent confirms non- service.
18. The Commission informed at the outset that four Second Appeals of the Appellant are listed today for hearing and asked the Respondent to confirm that he will defend all four cases; the Respondent affirmed. Upon starting of discussion on each case one by one, the Appellant raised his grievance and contended that any commands/orders to officers of his rank being Lieutenant Colonel can be given/issued by the officer of not below the rank of Commandant only. He further contended that orders issued by their Adjutants are not valid ones. He stated that he wants to expose a corruption being done in their department for which he already filed a case before the Hon'ble High Court and needed the requested documents to corroborate evidence in his case. On being asked by the Bench, the Appellant failed to give the exact case File/petition number as pleaded by him and also could not provide even the year of its filing let alone the exact date. It is further noted with concern that the subject of each of these RTI application starts with a reference to a complaint No. 4902 dated 27.12.2021, however, the Appellant neither filed a copy of the same with any of the concerned Second Appeals nor uploaded the same on the link given in the CIC hearing notice. Upon persistent advice by the Commission to confining his arguments on the points of RTI application and Page 34 of 40 not digress into a subject or dimension of grievance which is beyond the mandate of the RTI Act and the Commission. The Appellant failed to identify the documents a copy of which has not been provided by the Respondent and further, he could not express his substantial/reasonable grounds for filing Second Appeals before the Commission. Despite repeated request from the Bench, he kept on ventilating his grievance and also kept on repeatedly interrupting the proceedings and kept interfering with the Respondent's submissions. He was advised again to restrict his arguments to the point to RTI applications as to which documents have not been provided to him. He resorted to shouting during the hearing making it difficult for the bench to conduct the hearing smoothly. Appellant consistently contested the interpretation of the documents as available with him along with the replies from the CPIO. The Respondent held on his side of interpretation of the documents. The Bench devoted considerable time and efforts in order to hear him out on merits. The Bench expected much more disciplined conduct from an Appellant in uniform.
19. The Respondent submitted that point-wise reply along with relevant available information has already been provided to the Appellant against each RTI application vide letters dated 17.02.2022 and 04.03.2024 respectively. To clarify the doubts of the Appellant, he explained that orders can be issued either by the Commandant and/or by the Adjutant on his behalf as well. Both are competent enough to issue orders. He further added that the Appellant himself is no less that a lieutenant colonel with sufficient length of service and is not new to this interpretation.
Decision:
20. The Commission, after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes from a perusal of the facts on record that the information sought for in these RTI Applications are mostly unspecific/cumbersome in nature and does not even conform to the word limit of 500 as prescribed in Rule 3 of RTI Rules, 2012 and to the definition of information as per Section 2(f) of the RTI Act. The Appellant has largely expressed his grievance and wanted interpretation of a particular document in the way he perceived it to be correct. It is difficult to comprehend as to what specific documents he is seeking.
Page 35 of 4021. Even if, the Commission was to empathetically consider the concerns raised by the Appellant during the hearing, he is reminded of the fact that his right to information is far from being absolute and unconditional. That, it is rather unfortunate that even the best of intentions has to not only stand the test of procedural requirements and fetters laid down in the RTI Act but also stand the test of practicality, a notion well recognised by the superior Courts in a catena of judgments such as the Hon'ble Supreme Court's observation in the matter of Central Board of Secondary Education (CBSE) & anr. v. Aditya Bandhopadhyay and others[(2011) 8 SCC 497] stating that:
"37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause (b) of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption. But in regard to other information,(that is information other than those enumerated in section 4(1)(b) and (c) of the Act), equal importance and emphasis are given to other public interests (like confidentiality of sensitive information, fidelity and fiduciary relationships, efficient operation of governments, etc.). Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non- productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a Page 36 of 40 public authorities prioritising 'information furnishing', at the cost of their normal and regular duties."
22. Despite this, the reply given by the CPIO against each points of each of the RTI application in consonance with the provisions of the RTI Act.
23. The core issue raised by the Appellant in the instant matters revolves around the interpretation of the documents supplied by the CPIO. Both the parties are interpretating the documents in their own way. The Commission cannot direct the CPIO to interpret the documents because his role is limited to providing documents as is held in his custody. In this regard, the Appellant's attention is drawn towards a judgment of the Hon'ble Supreme Court on the scope and ambit of Section 2(f) of RTI Act in the matter of CBSE vs. Aditya Bandopadhyay & Ors.[CIVIL APPEAL NO.6454 of 2011] wherein it was held as under:
"35. At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing.........A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide `advice' or `opinion' to an applicant, nor required to obtain and furnish any `opinion' or `advice' to an applicant. The reference to `opinion' or `advice' in the definition of `information' in section 2(f) of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act." (Emphasis Supplied)
24. Similarly, in the matter of Khanapuram Gandaiah vs Administrative Officer &Ors. [SLP (CIVIL) NO.34868 OF 2009], the Hon'ble Supreme Court held as under:
"7....Public Information Officer is not supposed to have any material which is not before him; or any information he could have obtained Page 37 of 40 under law. Under Section 6 of the RTI Act, an applicant is entitled to get only such information which can be accessed by the "public authority"
under any other law for the time being in force. The answers sought by the petitioner in the application could not have been with the public authority nor could he have had access to this information and Respondent No. 4 was not obliged to give any reasons as to why he had taken such a decision in the matter which was before him...." (Emphasis Supplied)
25. And, in the matter of Dr. Celsa Pinto, Ex-Officio Joint Secretary,(School Education) vs. The Goa State Information Commission [2008 (110) Bom L R 1238], the Hon'ble Bombay High Court held as under:
"..... In the first place, the Commission ought to have noticed that the Act confers on the citizen the right to information. Information has been defined by Section 2(f) as follows.
Section 2(f) -Information means any material in any form, including records, documents, memos e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
The definition cannot include within its fold answers to the question why which would be the same thing as asking the reason for a justification for a particular thing. The Public Information Authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justifications are matter within the domain of adjudicating authorities and cannot properly be classified as information." (Emphasis Supplied)
26. The Appellant has framed RTI questions in a manner to trick the Respondent Public Authority into admitting, without due inquiry, allegations of having wrongfully favoured a few other employees vis-à-vis the Appellant.
Page 38 of 40Obviously, the tactics followed by the Appellant is nothing but merely to pressurize the Respondent. Then, the Appellant feels aggrieved because the information sought by him has not been given to him. His contestations need to be dwelled upon to bring clarity regarding responsibility of applicant seeking information under RTI Act.
27. It is noted that the Appellant is a serving government employee under the Respondent Public Authority. Therefore, while taking recourse to the RTI Act for his service-related matters, the Appellant is expected to approach the Public Authorities with clean hands. Under the provisions of the RTI Act, while the CPIO/PIO is obliged to facilitate free flow of information to the citizen, it is equally incumbent upon the information seeker to put his/her application in the simplest form possible so that CPIO/PIO can understand the request unambiguously. The Commission is also mindful of the fact that the unenviable noble duty assigned under the RTI Act to Central Public Information Officers (CPIO) and First Appellate Authorities (FAA) by the respective Public Authorities is 'in addition to their normal duties and without any additional remuneration paid for the same' for which they must devote extra efforts, time, and energy.
28. The Appellant being a serving employee of the respondent Public Authority has as much right to information as is available to any other citizen of India. However, such a serving employee has an added obligation to frame the request in simplest and most easily understood form possible because he/she knows the circumstances under which his/her colleagues are working while also discharging the additional duty as CPIO and FAA. Therefore, the conduct of the Appellant in the present matter, to say the least, is questionable and is not appreciated.
29. Accordingly, the Appellant is cautioned and admonished wherein he should keep in mind that the RTI Act should be used judiciously, sensibly and responsibly so that purpose of the RTI Act would not be defeated.
30. Having observed as above, the Commission finds no infirmity in the replies furnished by the CPIO as the same were found to be as per the provisions of the RTI Act. Moreover, despite repeated provocation of the Appellant, the Commission does not agree with his prayer to direct the Respondent to issue clarifications/interpretation of documents as perceived by Page 39 of 40 him (Appellant). It is noteworthy that the CPIO is only a communicator of Information based on the records held in the office and hence, he is not expected to create information or interpret the same as per the desire of the Appellant.
With these observations, the instant Appeals are disposed of 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, HQ Artillery Records, Nasik Road Camp, Distt -
Nasik (Mah), PIN - 422102 Page 40 of 40 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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