Central Information Commission
S N Tiwari vs Indian Army on 13 November, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/IARMY/A/2017/180039/SD
S N Tiwari ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
508 Army Base Wksp,
Fort Allahabad - 211005 ... ितवादीगण /Respondents
RTI application filed on : 29/06/2017
CPIO replied on : 25/07/2017
First appeal filed on : 21/08/2017
First Appellate Authority order : 18/09/2017
Second Appeal dated : 24/11/2017
Date of Hearing : 12/11/2018
Date of Decision : 12/11/2018
Information sought:
The Appellant sought information with respect to a charge memo issued to him on 14.02.2017 under Rule 14 of CCS Rules, 1965 in terms of copy of case file starting from preparation of charge sheet with approval of the disciplinary authority on the minute sheets of the Complaint dated 17.11.2016 from Smt. Ritu, W/o Late Ajay Kumar.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.1
Respondent: Not present. (Contacted the registry attached with the bench after the scheduled time of hearing requesting for delay to be condoned on account of traffic jam) Commission received written submissions of the CPIO wherein it has been stated that vide their reply dated 25.07.2017, appropriate reply has been provided to the Appellant wherein he was offered inspection of the requisite documents (noting sheet). It is further submitted that the FAA had later denied the noting sheet under Section 8(1)(h) of RTI Act deeming the noting sheet in question as an integral part of the disciplinary case contemplated against the Appellant based on the complaint referred herein in which serious allegations were levelled by the widow of the deceased employee. CPIO has also refuted the averment of the Appellant in the Second Appeal that there was no investigation pending at the time based on their claim that the charge memo was issued to the Appellant on 14.02.2017 and inquiry was ordered on 16.03.2017 while copy of noting sheet was sought vide his RTI Application dated 29.06.2017.
Decision Appellant has not availed the opportunity of hearing to plead his case or contest the CPIO's submission. Commission finds no scope of intervention in the matter in light of the CPIO's submission and upholds the same.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा )
Information Commissioner ( सूचना आयु )
Authenticated true copy
(अ भ मा णत स या पत त)
Haro Prasad Sen
Dy. Registrar
011-26106140 / [email protected]
हरो साद सेन, उप-पंजीयक
दनांक / Date
2
File No : CIC/IARMY/A/2017/180039/SD
3