Central Information Commission
Shyad Hafijur Rahman vs Indian Army on 10 April, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/IARMY/A/2023/142778
SHYAD HAFIJUR RAHMAN ....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Engineer Store Depot,
Kankinara, PIN - 913407, C/o
99 APO ....प्रनर्वािीगण /Respondent
Date of Hearing : 08-04-2024
Date of Decision : 09-04-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 29-01-2023
CPIO replied on : 13-03-2023
First appeal filed on : 06-06-2023
First Appellate Authority's order : 22-06-2023
2nd Appeal/Complaint dated :
Information sought:
The Appellant filed an RTI application dated 29-01-2023 seeking the following information:
"Letter no discp/pl-303/dsc dated 18 nov 2017 303 dsc platoon attach to eng store depot kankinara pin 913407 c/o 99apo (photo copy attached) Page 1 of 5
1. When was i detailed range ico at the firing range? Provide a copy of the pt 1 order and my signature along with the date of intimation to me
2. Please provide written copy of who and what document was missing in my custody and who complained?
3. Please provide a written copy of what the senior ico blamed on me?
4. At the time of inspection on 18 noe 2017 provide the copy of pt 1 order of overall Detail in charge with my signature and date
5. Tell me the reason why the show case notice was not issued to me for the allegation leveled against me.
6. Without giving a show case notice provide a copy of the warning order issue in which para of dsr army act
7. Provide a copy of what is sop for warning order issue?
8. In the presence of the commandant (col) in the unit how can a captain issue warning order on a jco to which army order rule and para number kindly provide the reference Of it and give a copy of the information giving to the commandant about the issue of the warning order
9. Personal signature is made after issue of order without my signature under which army rule i was issued direst warning order?"
The PIO (upon receipt of RTI Application on transfer basis from the Indian Army, Headquarter) furnished a point-wise reply to the Appellant on 13-03- 2023 stating as under:
"(a) It is highlighted that it is an established practice in the Defence Forces for orders to be communicated verbally to an individual by immediate superior officer.
(b) Para 1 of Warning Order attached with RTI application No DMAND /R/E/23/ 00131 dated 29 Jan 2023 clearly highlights that range documents were mishandled/found applicant's custody. missing from (c ) The query is incorrect. Para 1 of Warning Order clearly states that for this act the applicant falsely blamed the Senior JCO.Page 2 of 5
(d) It is not available. However, it is highlighted that it is an established practice in the Defence Forces for orders to be communicated verbally to an individual by immediate superior officer.
(e) Show Cause Notice is issued to an individual only when the Warning Order is also intimated to the next immediate Superior Officer. However, in the instant case the Warning Order was not forwarded to the next immediate Superior Officer, therefore the Show Cause Notice has not been issued.
(f) Refer Para 316 of DSR 1987 Vol-II, Chapter-VIII vide which immediate superior, or the next superior where the immediate superior officer is involved any case of infringement of orders and officers can issue Warning Order to the Troops.
(g) The info sought by the applicant is a Confidential in nature hence copy of the SOP cannot be served.
(h) Refer Para 316 of DSR 1987 Vol-ll, Chapter-VIII vide which immediate superior officer, or the next superior officer is involved any case of infringement of orders and officers can issue Warning Order to the troops.
(j) No specific Army Rule & Regulations states that a Warning Order should be issued to an individual only after obtaining the signature of the individual."
Being dissatisfied, the appellant filed a First Appeal dated 06-06-2023. The FAA vide its order dated 22-06-2023, held as under:-
"It is intimated that your appeal dated 06 Jun 2023 has been transferred to First Appellate Authority (RTI), Engineer Store Depot, Kankinara, PIN- 913407, C/o 56 APO vide RTI Cell letter No A/810027/RTI/TFR_77485 (Appeal) dated 15 Jun 2023. In view of the above, you may approach concerned designated First Appellate Authority accordingly."
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.Page 3 of 5
Respondent: Not present.
Appellant while reiterating the contents of RTI Application stated that as per his doubt the reply of the Respondent is not upto the mark and complete requested information has not been supplied to him till date. Decision:
The Commission, after adverting to facts and circumstances of the case and perusal of records finds no flaw in the reply furnished by the Respondent as it conforms with the provisions of the RTI Act. However, considering the contentions of the Appellant during the hearing, the Commission directs the PIO, Engineer Store Depot, Kankinara, PIN - 913407, C/o 99 APO to afford an opportunity of inspection of records to the Appellant pertaining in the instant case on a mutually decided date and time. Intimation of date and time should be sent to the Appellant well in advance in writing. Copy of documents as may be desired by the Appellant which serve the purpose of information sought be provided to the Appellant, upon receipt of requisite fees as per RTI Rules. While complying with the directions, the PIO is further directed to take acknowledgement from the Appellant on the list of documents, files etc. furnished to him and before parting with the information. Further, personal details and identifying particulars of third party be blackened out as per Section 10 of the RTI Act.
The above said direction be complied with within six weeks from the date of receipt of this order. First Appellate Authority to ensure compliance of the directions.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Date 09-04-2024 Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181827 Date Page 4 of 5 Copy to:
The FAA, Engineer Store Depot, Kankinara, PIN - 913407, C/o 99 ΑΡΟ Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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