Central Information Commission
Sanatan Sawariya vs Indian Army on 14 January, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: CIC/IARMY/A/2018/172531
In the matter of:
Sanatan Sawaiyan
... Appellant
VS
1. Central Public Information Officer
RTI Cell, Addl. DG MT (AE),
G-6, D-1 Wing, Sena Bhawan,
Gate No. 4 IHQ of MoD (Army), New Delhi - 110 011
2. PIO/ Lt. Col
Bihar Regiment Abhilekh Karyalaya,
Records The Bihar Regiment, PIN - 908765, C/o 56 APO
...Respondents
RTI application filed on : 28/05/2018 CPIO replied on : 17/07/2018 First appeal filed on : 06/08/2018 First Appellate Authority order : 31/08/2018 Second Appeal filed on : 10/12/2018 Date of Hearing : 12/01/2021 Date of Decision : 12/01/2021 The following were present:
Appellant: Not present Respondent: Major Vijay Pratap Singh and CPIO, present over VC; Lt. Col Jagdish Prasad and CPIO, Army HQ, present over VC Information Sought:
The appellant has sought the following information/documents:
1. Whether Special Voluntary Retirement Scheme, 2004, is presently in force or not.
2. How much qualifying service is required for seeking retirement under the said scheme.
3. Whether the appellant is eligible for pension under "Voluntary Retirement Scheme".
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant and the NIC team had not responded when the VC was connected at the scheduled time. He contacted the registry when the case was already over. The Commission therefore, decided to adjudicate the matter on merits.
The CPIO submitted that a suitable reply was given vide letter dated 17.07.2018.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 17.07.2018 had informed the appellant that Vishesh Swaikchik Sewanivrity Yojana-2004 is not applicable in the Army. The grant of pension to Armed Forces is regulated under para 132 of Pension Regulation 1961 (Part-I). Since, he had rendered less than 15 years of qualifying service, service pension was not admissible to him. The FAA had disposed of the first appeal vide order dated 31.08.2018 and upheld the reply of the CPIO.
The Commission finds the reply of the CPIO just and proper. Moreover, the information sought by the appellant is not covered u/s 2(f) of the RTI Act being interrogatory in nature, however a clear reply has been given to the appellant with regard to his own case.
Decision:
In view of the submissions of the CPIO, the Commission finds no scope for any intervention in the matter and accordingly upholds the submissions of the CPIO. No further action lies.
A strict warning is issued to Shri Sushil Kumar, DIO, NIC Studio, DC Office, Chaibasa West Singhbhum for not responding at the scheduled time when the VC was connected by the registry of this bench. He is cautioned to be careful in future to ensure smooth proceedings of the Commission.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date Copy to:
Shri Sushil Kumar DIO DC Office, 1st Floor Room no.09 Opp Tata College Chaibasa West-Singhbhum Jharkhand Pin Code no. 833201