Central Information Commission
Shri C.V. Chhikara vs Indian Navy on 23 October, 2009
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/SM/A/2009/000223/LS
File No.CIC/SM/A/2009/000316/LS
Appellant : Shri C.V. Chhikara
Public Authority : Indian Navy
Date of Hearing : 16.10.2009 & 23.10.2009
Date of Decision : 23.10.2009
FACTS :
As the above cited two cases relate to the same matter, it has been decided to dispose them of through a common order.
2. The matter, in short, is that the appellant had married Smt. Monika Khatri in 1996. A daughter was born out of the wedlock who is 09 years old now. Differences aroses between the husband and wife and it appears that Smt. Chikkara lodged a complaint against the appellant before the Naval Authorities. It also appears that an inquiry was caused into the said complaint which has reportedly been completed. It is in this context that vide his RTI application dated 25.8.2008, the appellant had requested for the following information :-
"(i) Evidence provided by my wife Mrs Monika Chhikara in support of her allegations against me including those contained in her application to NWWA or otherwise.
(ii) Copy of the report of the investigation carried out by the PDAPSA in the case.
(iii) Information pertaining to the complaint or the case, gathered by the Chief of Naval Staff or under his directions or on his behalf by other officials of the Navy.
(iv) Copy of the information collected by the Chief of Naval Staff or on his behalf, pertaining to the income of Mrs. Monika Chhikara including any certificates of income so collected.
(v) Case summaries and/or file notings by various officers processing the case on behalf of the Chief of Naval Staff, leading to and including the final order on file by the Chief of Naval Staff.
(vi) Copy of any legal advice, relating to the case of Mrs. Monika Chhikara, sought or received by the Chief of Naval Staff or on his behalf from any legal authority or individual within or outside the Navy.
(v) Copies of any correspondence related to the case of Mrs Monika Chhikara between the Chief of Naval Staff, or on his behalf and President or any other functionary of NWWA.
(vi) Copies of any correspondence related to the case of Mrs Monika Chhikara between the Chief of Naval Staff or on his behalf and Ministry of Defence."
2. This was responded to by Shri S.K. Gupta Cdr-at-Arms (PIO) vide letter dated 27.8.2008. The operative para is extracted below :-
"2. It is intimated that information sought by you is personal and confidential in nature, and hence exempt from disclosure under section 8 (1) (e) & (j) of the RTI Act, 2005."
3. Aggrieved with the decision of the CPIO, the appellant has filed the first appeal which was decided by the Appellate Authority vide order dated 29.9.2008 wherein he upheld the decision of CPIO u/s 8 (1) (j) of the RTI Act.
4. The present appeal is directed against the orders of the CPIO/AA.
5. Heard on 16.10.2009. Appellant present. However, nobody has appeared for the Indian Navy. The appellant presents a copy of his submissions which is taken on record. He is also heard. His first and foremost submission that is he never deserted his wife; infact, it is the other way around. In support thereof, he produces a copy of the complaint dated 14.3.2008 lodged by his wife which is extracted below :-
"MONIKA'S COMPLAINT TO PRESIDENT NWWA Respected Madam, I, Monika Khatri, married a naval officer in December 1996. This marriage turned out to a slow and steady poison for me as I had to through all kinds of torture, physical, emotional, mental and financial. My self esteem kept going down and I finally left my husband when I could not take it anymore. It was also not a conducive environment to bring up my daughter. So I came back to my parents 3 years back in 2005. I have shared my problems in details with Deshpande Mam. My compliant given to women cell (a copy attached with this letter) also talks about some of the incidents and problems I have faced. My case has not been registered till now though more than 7 months have passed. The reason being my father-in-law is a retired brigadier and he is using his power, contacts and money to influence the officers involved. My husband has also filed a case for the custody of my daughter. He has not given a single penny till now to me for either of us. I'm working as a teacher right now. I do need some financial support as my daughter deserves a good present and secure future. I want to be free from this marriage as it's very frustrating and depressing for me to be associated with my husband in any way. I don't know how to convince my husband to accept the reality and to be practical, not egoist and greedy. Reality is that I am not coming back to him for anything. I am hoping to get some help in the regard. Thanks a lot to consider my plea.
Monika Khatri Details of my husband Cdr Vijay Chhikara (03311 A), posted in Delhi. Date : 14.3.2008"
It is, his say that he is very much keen to bring his estranged wife back home but there is no response from his wife's side. He has drawn the Commission's attention to the penultimate line of the complaint wherein Smt. Monika has mentioned that she 'is not coming back to him for anything.'
6. His further submission is that the Comde S.C. Joshi had conducted an inquiry into the matter wherein he was given an opportunity of hearing and his understanding is that he has been completely exonerated in the inquiry. According to the appellant, it is really strange that despite exoneration in the inquiry, he has to face the stigma of deserting his wife & leaving her destitute consequent upon which under the Indian Navy Act, 1957, and the Naval Regulation No. (Str)18/02, the Maintenance of Wife and Children (DL/1321/43), one third of his reckonable salary amounting to Rs. 8000/- (5000/- for daughter and 3000/- for wife) is being deducted since March, 2006. His main grievance is that when nothing has been established against him by the Inquiry Officer, the deduction of aforesaid amount has not only caused him financial deteriment but also social stigma which may also deter his career. He, therefore, strongly urges the Commission for disclosure of information requested for by him in the RTI application.
7. As the representative of the Indian Navy is not present before the Commission, it would not be appropriate to decide the matter. Hence the matter is adjourned to 23.10.2009 at 1500 hrs.
8. As scheduled, the matter was called for hearing today dated 23.10.2009. The appellant is present along with his father Brig R.S. Chikkara. The Indian Navy is represented by Cdr S.K. Gupta & Lt Cdr Ranjan Mukherjee. The parties are heard. It is the submission of the appellant that he is essentially interested in the following two documents :-
(i) copy of the inquiry report submitted by Cmde S.C. Joshi; &
(ii) copy of the note-sheet in which the matter regarding grant of maintenance to his wife was processed by the concerned authorities.
9. Cdr Gupta requests for adjournment for reconsideration of matter.
INTERIM DECISION
10. In view of the above, the matter is adjourned. The CPIO is hereby directed to follow the procedure prescribed in section 11 (1) of the RTI Act and also afford an opportunity of hearing to the appellant before arriving at a fresh decision on or before 25.11.2009.
11. The matter will now come up for hearing on 27.11.2009 at 1150 hrs. Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Assistant Registrar Address of parties :-
1. Cdr S.K. Gupts Cdr-At-Arms & CPIO, Integrated Headquarters, M/o Defence (Navy), New Delhi-110011
2. Cdr C.V. Chhikara IHQ/MOD (N)/DAPSA, 7th Floor, Chanakaya Bhawan, Chanakya Puri, New Delhi-110021