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Central Information Commission

Anuradha Gupta vs Indian Army on 12 February, 2025

                             के ीय सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                         नई िद      ी, New Delhi - 110067

File No: CIC/IARMY/A/2023/142890

Anuradha Gupta                                    .....अपीलकता/Appellant

                                         VERSUS
                                          बनाम

PIO,
Army Postal Service Records,
PIN- 900746 C/o 56 APO                            .... ितवादीगण /Respondent

Date of Hearing                      :    06.02.2025
Date of Decision                     :    11.02.2025

INFORMATION COMMISSIONER :                Vinod Kumar Tiwari

Relevant facts emerging from appeal:

RTI application filed on             :    07.07.2023
CPIO replied on                      :    12.07.2023
First appeal filed on                :    10.08.2023
First Appellate Authority's order    :    25.08.2023
2nd Appeal/Complaint dated           :    25.10.2023

Information sought

:

The Appellant filed an RTI application (offline) dated 07.07.2023 seeking the following information:

"स वनय नवेदन ह क म ा थती अनरु ाधा गु ता ५/० र व काश साहू WO, 8377674M 56 APO क! वक"ठता पल& हूँ, िजससे दो ब,चे आवया ह जो क मेरे साथ ह। सेना ा धकार& 0वारा 0420/5/472 DV-3 Date 7/June/2020 0वारा ा थनी को 22% और ब,च2 को 5.5%, 5.5% कुल Page 1 of 5 33%, भरण पोषण क! धनरा6श 6मलती है । इस स9ब:ध म; ा थनी न9न6ल<खत सूचना ा त करना चाहती है।

      अतः ?ीमान ् जी से     ाथना है क      ा थनी को न9न6ल<खत Aब:दओ
                                                                 ु ं पर
      सूचना    दान करने क! कृपा कर; -
      (1) यह क उपरोGत र व         काश साहू 8377674N अब तक क! सेवा काल

के दौरान कब-कब, कहाँ-कहाँ सेवा कये ह और वतमान म; कहाँ और कस पद पर कायरत है ?

२) यह क सेवा काल के दौरान सूचना "दए जाने के "दनांक तक इनका वेतन कतना 6मला है?

3) यह क Gया इ:ह2ने कभी आमL सेवा छोड़ने हे तु आवेदन "दया है , तो उस पर अब तक Gया कायवाह& हुई?

      4) यह उपरोGत के स9ब:ध म; सभी अ6भलेख2 क!                  मा<णत      त भी
      उपलPध कराये।"

The CPIO furnished a reply to the Appellant on 12.07.2023 stating as under:

"Para 1 & 4:Information sought by the applicant falls under Section 8 (a), (g) &

(j) which is exempted from disclosure of information and also a third party information under section 11 of RTI Act 2005.

Para 3 : WO RP Shahu applied for repatriation from APS during 2021. Due to non-receipt of confirmation from Civil postal auth his repatriation order wasn't issued during 2022. Later indl submitted application to withdraw his name from repatriation roaster on 04 May 2023. Subsequently his name was taken off from repatriation roaster as per policy.

2. Further, it is intimated that information sought vide Para 2 of your application is more closely related to DA (P) Nagpur. Hence, a copy of your ibid RTI appin is being transferred to DA (P) Nagpur under Section 6 (3) of Right to Information Act 2005. You are therefore, requested to make further correspondence with them directly with respect to rest queries of ibid RTI application. "

Being dissatisfied, the appellant filed a First Appeal dated 10.08.2023. The FAA vide its order dated 25.08.2023, held as under.

"AND NOW THEREFORE, after having perused all the records, the appeal is disposed off as follows:-

(1) Since info sought by the applicant vide Para 1 & 4 of her ibid appln seems to be third party information, disclosure might impact on security measures and queries were hypothetical in nature, providing information has been denied under Sec 8 (a), (g) & (j) of RTI Act 2005.

(ii) Further info sought vide Para 2 was more closely related to the functioning of DA (P) Nagpur, a copy of ibid RTI application was transferred to DA (P) Nagpur under Sec 6(3) of RTI Act-2005 and requested to provide information to the applicant. DA(P) Nagpur has also given reply to RTI vide their letter No APS-III/51-22/8377674H/RTI- 51/Anuradha Gupta/667-669 dt 03 Aug 23.

(iii) Further information sought vide Para 3 by the applicant has already been provided vide APS Records letter No 1212/CA-2 dt 12 Jul 2023."

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Present along with her representative Advocate Vishnu Dutt Rai, attended the hearing through VC.

Respondent: Shri Tejpal Singh Negi, CPIO, attended the hearing through VC.

The representative of the Appellant stated that the Respondent has not provided the relevant information as sought in the instant RTI Application.

The Respondent submitted that the information sought by the Appellant in the instant RTI Application pertains to personal information of third party which is exempted from disclosure under Section 8 (1) (j) of the RTI Act. He added that disclosure of such information may entail threat to the life or physical safety of the person as per Section 8(1) (g) of the RTI Act and it also affects the security aspect of third person being working in a defense establishment as per Section 8(1) (a) of the RTI Act. He submitted that the Appellant was getting maintenance till 2023 as per the rules and further advised the Appellant to file a civil suit in court of law for maintenance. He further reiterated the contents of written submission dated 31.01.2025.

The Appellant interjected and apprised the bench that she has not received any written submission from the Respondent and further provided her email <[email protected]>, to the Respondent.

A written submission has been received from the Appellant vide letter dated 02.02.2025 and the same has been taken on record.

A written submission has been received from Shri Tejpal Singh Negi, CPIO, vide letter dated 31.01.2025, wherein the Commission has been informed as under:

"1. The applicant is the wife of No 8377674N WO Ravi Prakash Shahu who is enrolled in Army Postal Service on 05 Jul 2016 from Dept of Posts as deputationists and presently serving at HQ 80 Inf Bde/1686 FPO (Naushera). Due to some marital discord with her husband, the applicant had been granted maintenance allowance wef 22 May 2019 from the pay and allowances of her husband vide Headquarters Western Command letter No 0420/5/472/DV-3 dt 07 Jun 2020 (copy enclosed) payable each month at the following rates upto Jun 2023:-

(a) Anuradha Gupta (Self)- @22%

(b) Master Aarav Gupta (Son)- @5.5%

(c) Miss Aarya Gupta (daughter)[email protected]%

2. The information sought by the applicant regarding her husband is furnished as under with reply given & justification by this office:- 1 & 4. Reply given: Information sought by the applicant falls under Section 8 (a),

(g) & (j) which is exempted from disclosure of information and also a third party information under section 11 of RTI Act 2005.

Justification: It has clearly been directed by IHQ of MoD (Army)/ RTI Cell vide Para 2(a) (ix) that with reference to DoPT Memo No 1/7/2009/IR dt 01 Jun 2009 and CIC decision No CIC/MS/A/2006/006/0040 dt 25 May 2005 that "Public auth is not expected to communicate to the citizen on the questions seeking comments, answers and interpretations". Moreover, posting related information in Indian Army is restricted in nature and involves security measures which cannot be revealed publically. Notwithstanding this, the queries made by the applicant was includes answers to the questions & drawing inferences which was violated RTI Act-2005. Considering these facts, information to the applicant has been denied under relevant paras of RTI ACT-2005.

2. Query made under this para has been transferred to Director Accounts (Postal), Nagpur as pay and allowances related matters are dealt by them. Reply of Director Accounts (Postal), Nagpur is enclosed as per Annexure 1.

3. Reply given: Reply given as "WO RP Shahu applied from repatriation from APS during 2021. Due to non-receipt of confirmation from Civil Postal auth his repatriation order wasn't issued during 2022. Later indi submitted application to withdraw his name from repatriation roaster on 04 May 2023. Subsequently his name was taken off from repatriation roaster as per policy.""

Decision:

The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that a suitable reply in terms of RTI Act has been given to the Appellant vide letter dated 12.07.2023 and 25.08.2023. Further the written submission sent by the Respondent vide letter dated 31.01.2025, is more elaborate and is treated as updated reply, but a copy of the same has not been sent to the Appellant. Accordingly, the Respondent is directed to send a copy of the same along with relevant annexures to the Appellant through email i.e. <anudhu94[at]gmail[dot]com>, as well as through speed-post, within two weeks of receipt of this order. No further action is required in the instant matter.

The appeal is 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 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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