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Col Vipin Trivedi vs Directorate General Of Quality ... on 23 September, 2025

                                     के ीय सूचना आयोग
                              Central Information Commission
                                   बाबा गं गनाथ माग,मुिनरका
                               Baba Gangnath Marg, Munirka
                                नई िद    ी, New Delhi - 110067
ि तीय अपील सं       ा / Second Appeal No. CIC/DGOQA/A/2024/628686

Col Vipin Trivedi                                                ... अपीलकता/Appellant

                                        VERSUS
                                         बनाम

CPIO: Directorate General of
Quality Assurance, New                                     ... ितवादीगण/Respondents
Delhi

Relevant dates emerging from the appeal:

RTI : 08.01.2024               FA       : 03.03.2024             SA     : 04.07.2024
CPIO : 08.02.2024 &
                               FAO : 08.04.2024                  Hearing : 09.09.2025
24.04.2024

Date of Decision: 22.09.2025

                                         CORAM:
                                   Hon'ble Commissioner
                                 _ANANDI RAMALINGAM
                                        ORDER

1. The Appellant filed an RTI application dated 08.01.2024 seeking information on the following points:

 Directorate General of Quality Assurance (DGQA) has Permanently Seconded Service Officers (PSSOs) whose promotions are recommended by Quality Assurance Selection Board (QASB). The medical standards in SHAPE factors for promotion to the acting/substantive rank of L1 Col and above in DGQA organization are given in MoD (DDP) OM No. 67952/Q/DGI(Adm-

4)/5179/D(Prod) dated 31 May 1980. One of the conditions for promotion of low medical category officers covered under para (e) & (g) of Appendix-A to ibid OM is given in its para (e) (ii) and g(ii), wherein a medical board has to certify that the officer can perform the normal duties of the rank in DGQA to which the officer is being promoted and that any defect / disability is not likely to be aggravated by the service conditions. The following information under RTI Act 2005 is requested:-

1. Certified copy of all the convening orders of the year 2021 & 2022, vide which Board of Officers (BOO) was constituted as per MoD (DDP) OM No. 67952/Q/DGI(Adm-4)/5179/D(Prod) dated 31 May 1980 for certifying that the officer can perform the normal duties of the rank in DGQA to which the officer is being promoted and that any defect/disability is not likely to be aggravated by the service conditions, along with copies of the terms of reference of BOO, Board proceedings with all its enclosures, entire recommendations of BOO and name & appointment of authority who has approved the Board proceedings.

2. Certified copy of all the convening orders of the year 2021 & 2022, vide which Board of Officers (BOO) was constituted to assess the medical condition of the PSSOs for promotion, along with copies of the terms of reference of BOO, Board proceedings with all its enclosures, entire recommendations of BOO and name & appointment of authority who has approved the Board proceedings.

3. Certified copy of all the convening orders of the year 2021 & 2022, vide which Board of Officers (BOO) was constituted to assess the medical condition of the PSSOs for promotion in QASB (02) 2022, along with copies of the terms of reference of BOO, Board proceedings with all its enclosures, entire recommendations of BOO and name & appointment of authority who has approved the Board proceedings.

2. The CPIO replied vide letter dated 08.02.2024 and the same is reproduced as under :-

"The matter is subjudice and info sought contains personal medical information of other officers. Hence, the same cannot be provided under section 8(1)(e) of RTI act 2005."

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 03.03.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 08.04.2024 stated as under: -

"..... In view of above, decision the CPIO HQ DGQA is partially upheld because they have not quoted relevant exemption clause as given in Section 8 of RTI Act, while denying the information to the appellant. The CPIO is requested to revisit their reply as given vide note dated 01 Feb 2024 and their comment dated 12 Mar 2024 in response to the 1st Appeal and see whether they may also invoke appropriate exemption clause of Section 8 of the Act. Accordingly, the revised reply may be forwarded to the appellant. Alternatively, they must forward the information requested by the appellant. The CPIO is also requested to provide a copy of their note dated 12 Mar 2024 to the appellant. This must be done within two weeks from the date of receipt of this Order."

4. In compliance of the FAA order, the CPIO replied vide letter dated 24.04.2024 and the same is reproduced as under; -

"In compliance of 1st Appellate Authority order in r/o ibid appeal issued vide file No. C/87570/A/6582/DGQA/PI Cell dated 08 Apr 2024, copy of following are enclosed herewith:

(a) Revised reply - DGQA/Adm-4 Note No. A/98661/RTI/6582/DGQA/Adm-4 dated 16 Apr 2024.

(b) DGQA/Adm-4 Note No. A/98661/RTI/6582/DGQA/Adm-4 dated 12 Mar 2024."

5. Aggrieved with the response received from the CPIO, the Appellant approached the Commission with the instant Second Appeal dated 04.07.2024.

6. The appellant remained absent and on behalf of the respondent Vivek Shah, Deputy Director, attended the hearing in-person.

7. The respondent while defending their case inter alia endorsed their initial reply and stated that the appellant requested for withdrawal of his second appeal vide communication dated 08.09.2025.

8. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that adequate response has been given by the respondent, as per provisions of the RTI Act. Besides, the appellant has sent a request for withdrawal of his second appeal, vide communication dated 08.09.2025. That being so, the Commission finds no further scope of intervention in the matter. Accordingly, the appeal is dismissed as withdrawn.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 22.09.2025 Authenticated true copy O. P. Pokhriyal (ओ. पी. पोख रयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Page 4 of 5 Addresses of the parties:

1 The CPIO Dy. Director (Budget & RTI Registry), HQ DGQA, Directorate General of Quality Assurance / PI Cell, 2nd Floor, B Block, Defence Offices Complex, Africa Avenue, Sarojini Nagar PO, New Delhi - 110023 2 Col Vipin Trivedi Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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