Central Information Commission
Shri Yudhvir Singh vs Army Educational Corps Records on 9 March, 2010
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2009/001062
Appellant : Shri Yudhvir Singh
Public Authority : Army Educational Corps Records
(through Capt Jagat Singh)
Date of Hearing : 9.3.2010
Date of Decision : 9.3.2010
FACTS :
The matter, in short, is that the appellant is an Ex Subedar of the Army. He retired from service in 1994. Vide his RTI application dated 21.10.2008, he had requested for copies of his ACRs for years 1983 to 1992. The CPIO vide letter dated 10.2.2009 had refused to disclose this information on the following grounds :-
(a) the documents are confidential in nature;
(b) disclosure thereof has been restricted by the competent authority; &
(c) disclosure is not in the overall public interest.
2. The present appeal is directed against the above order.
3. Heard on 9.3.2010. Appellant present. The public authority is represented by Capt Jagat Singh who fully supports the decision taken by the CPIO. He would submit that the Indian Army is a huge organisation and the number of retired officers/ORs is very large. If the Army were to provide copies of the ACRs to the retired officers and men, it would cast a huge burden on the organisation resulting in disproportionate diversion of its resources. Besides, providing copies of ACRs would be contrary to the discipline and working environment of the Armed Forces.
4. We find some merit in the submissions of Capt Jagat Singh. Apart from administrative problems, disclosure of ACRs of retired officers and men may also have some bearing, though indirect, on the discipline and morale of the Armed Forces. It is, however, note worthy that a similar matter had come up before the Commission in File No CIC/WB/A/2007/00368 (Col H.C. Goswami (Retd) Vs Military Intelligence Army) wherein vide decision dated 31.7.2008, the Commission had ordered as follows :-
"It is understandable that in the case of serving personnel, the disclosure of such information as is sought in the present case by Col Goswami, could seriously compromise discipline, which is basic to military service, and thereby become a potential threat to national security. In the case of a retired officer, however, the only effect of such disclosure could be to either confirm or rectify a promotion made in the case of an error or oversight and, therefore, at best lead to readjustment of pension benefits to applicant. This could also become the basis for psychological satisfaction."
5. I am of the opinion that the difficulties expressed by Capt Jagat Singh in providing copies of the ACRs to such a huge pool of retired officers can not be disregarded. Besides, supply of copies of ACRs for the entire service period may entail serious logistical problems for the public authority. Furthermore, supply of the copies of the ACRs soon after the retirement of service personnel may adversely affect the discipline, morale and spirit de corps of the Armed Forces. Hence, considering the totality of circumstance, the following order is passed :-
(i) If the ACRs of a retired Officer/OR are available, overall grading given by the IO, RO and SRO, may be communicated to the requester. The entire copies of the ACRs need not be supplied;
(ii) This information may be provided for the last 05 years of service; &
(iii) This information may be provided after a gap of 03 years from the date of retirement of the requester.
6. The matter is decided accordingly.
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. Capt Jagat Singh Sena Shiksha Corps Abhilekh Karyalaya, Army Educational Crops Records-908777 C/o 56 APO
2. Shri Yudhvir Singh H. No 3848, Sector-32D, Chandigarh-160030