Central Information Commission
Shri Birender Kumar vs Army Medical Corps Centre School, ... on 18 July, 2008
CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2007/00677 dated 10-5-2007
Right to Information Act 2005 - Section 19
Appellant: Shri Birender Kumar
Respondent: Army Medical Corps Centre School, Lucknow
FACTS
By an application of 18-9-06 Shri Birender Kumar of Sheetalpur, Chhapra sought the following information from CPIO, Army Medical Corps Centre School, Lucknow:
a) Certified copy of Order dated 20.10.1980 terminating the service of the appellant.
b) If this order of termination had been served on the appellant, a certified photo copy of the receipt.
c) What steps were taken before terminating the services of the appellant? Provide information and certified photo copies of such documents.
d) Information regarding whether opportunity of hearing was provided to the appellant or not along with copy of document.
Applicant is sending Draft No. 217059 for Rs. 30/- . If this amount falls short, the applicant may be intimated, so that the balance is depositing.
On not receiving a response Shri Birender Kumar moved his first appeal before the DG, Medical Services, Army, DGMS Army Hq, Delhi. Subsequent to this he received a letter from Lt. Col. S.K. Raj, Principal Information Officer for OIC (Records) dated 1-2-07 with the following information;
a) Consequent to your becoming an Army deserter, you have been dismissed from service with effect from 20 Oct 1984 under Army Act 1950 Sec. 20 (3) and Army Order 439/63. Hence no discharge order was issued being discharged as an Army deserter.
b) Apprehension Roll was issued by Army Hospital, Delhi Cantt on 09 Sept. 1981 (Copy attached as Annexure). Since you are a peace deserter with effect from 08 Sep 1981, you are dismissed from service by the order of Commandant, AMC Centre & 1 School Lucknow under Army Act Sec.20(3) on 20 Oct 1984 i.e. after expiry of three years from the date of desertion. Discharge certificate has already been issued to you vide this office letter No. 500115/NE/DD/SR-13938035 dated 29 May 1997.
c) Before issuance of your discharge order, you were afforded three years long time to report to AMC Centre & School, Lucknow on any choiceable military station, but you failed to report anywhere, hence you have been dismissed from service with effect from 20 Oct 1984 in compliance with special Army Order 9/S/89 being an Army deserter."
Appellant's prayer before us in his second appeal is as follows:
It is prayed that while accepting the appeal, appellant may be provided with the information and copies of documents. The information and copies of documents sought are as under:
a) Certified copy of Order dated 20.10.1980 terminating the service of the appellant.
b) If this order of termination had been served on the appellant, a certified photo copy of the receipt.
c) Information regarding whether opportunity of hearing was provided to the appellant or not along with copy of document.
The above information and documents may kindly be provided to the appellant.
The appeal was heard through video-conferencing on 18-7-08. The following are present:-
Appellants (At NIC Studio Lucknow)1.
Shri Birender Kumar Pandey.
Shri Mahinder Upadhyay, Assisting Appellant.
Respondents, CPIO Hq. Medical Corps Centre at Lucknow and Appellate Authority, Hq. Army Medical Corps Centre are absent although arrangements had been made to hear them at the NIC Centre, Lucknow through our letter of 10-7-2008. We have therefore, heard the case ex-parte.
The issues before us are two:
1) Failure to respond to the initial application of 18-9-06 of appellant Shri Birender Kumar;
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Arrangements had been made for hearing him at District Siwan 2
2) In light of the response of 1-2-07 from Lt. Col. S.K. Raj what further information is required.
DECISION NOTICE On issue No.1 there is no explanation from the respondents. Cdr. Medical Corps Centre School, Lucknow will, therefore, show cause in writing by 31st July, 2008 as to why he should not be held liable for penalty @ Rs. 250/- a day from the date when information sought became due i.e. 18-10-06 to 1-2-07 when the information sought was supplied to appellant Shri Birender Kumar amounting to Rs. 18,750/-.
On issue No. 2 appellant has submitted that he has not received a reply to question No.3 in his original application. We find that this issue has not been raised in his second appeal before us by appellant. However, since the question does exist in the original application, PIO, Lt. Col. S.K. Raj will now supply appellant with a response to this question within 15 working days of the date of issue of this decision notice.
The appeal is thus partly allowed, and is disposed of accordingly. Announced in the hearing.
Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 18-7-2008 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.
(Pankaj K.P. Shreyaskar) Joint Registrar 18-7-2008 3