Central Information Commission
Pmp Singh vs Indian Army on 15 January, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No :CIC/IARMY/A/2022/148404
CIC/ARMHQ/A/2022/149493
Col PMP Singh .....अपीलकर्ाग/Appellant
VERSUS
बनाम
1. CPIO,
RTI Cell, Addl DG AE, G-6, D-1
Wing, Sena Bhawan, Gate No 4,
IHQ of MoD (Army),
New Delhi - 110011.
2. CPIO,
Lt. Col, RTI
Cell Headquarters 41 Arty
Div Pune - 411001 ....प्रनर्वािीगण /Respondent(s)
Date of Hearing : 09-01-2024
Date of Decision : 11-01-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above mentioned Appeals are clubbed together as the Appellant is
common and subject-matter is similar in nature and hence are being
disposed of through a common order.
1
Relevant facts emerging from appeal(s):
RTI application(s) filed on : 24-05-2022,31-5-2022 & 31-03-2022
CPIO replied on : 11-07-2022,30-06-2022 & 02-05-2022
First appeal(s) filed on : 25-07-2022, 08-07-2022 & 07-07-2022
First Appellate Authority's order : N.A.
2nd Appeal(s)/Complaint dated : 04-10-2022, 12-10-2022 & 06-10-2022
CIC/IARMY/A/2022/148404
Information sought:
The Appellant filed an RTI application dated 24.05.2022 seeking the following information:
1.The following information is sought under the RTI Act, 2005.
(a) How many applications for extension of tenure in respect of AMC officers were received through DGMS (Army) from 01 Jan 2018 to 31 May 2022? (b) Out of applications received in column (a) how many officers were granted extension of tenure from 01 Jan 2018 to 31 May 2022? Capt Major Lt Col Col Select/Col(TS)
(c) How many applications for deferment of posting in respect of AMC officers were received through DGMS (Army) from 01 Jan 2018 to (d) Out of applications received in column (b) how many officers were granted deferment of posting from 01 Jan 2018 to 31 May 2022?
Capt Major Lt Col Col Select/Col(TS)
(e) How many applications for compassionate ground posting in respect of AMC officers were received through DGMS (Army) from 01 Jan 2018 to 31 May 2022? (f) Out of applications received in column (e) how many officers were granted compassionate ground posting from 01 Jan 2018 to 31 May 2022?
Capt Major Lt Col Col Select/Col(TS) 2
(g) In how many cases out of all applications received in column (a) above for extension of tenure through DGMS (Army), did the remarks of Adjutant General overrule the remarks of DGMS (Army) in favour of the officer from 01 Jan 2018 to 31 May 2022? (h) (n) in how many cases out of all applications received in column (c) above for deferment of posting through DGMS (Army), did the remarks of Adjutant General overrule the remarks of DGMS (Army) in favour of the officer from 01 Jan 2018 to 31 May 2022? Capt Major Lt Col Col Select/Col(TS)
(j) In how many cases out of all applications received in column (e) above for compassionate ground posting through DGMS (Army), did the remarks of Adjutant General overrule the remarks of DGMS (Army) in favour of the officer from 01 Jan 2018 to 31 May 2022? (k) In how many cases out of all applications received in column (a) above for extension of tenure through DGMS (Army), did the remarks of Adjutant General overrule the remarks of DGMS (Army) not in favour of the officer from 01 Jan 2018 to 31 May 2022? Capt Major Lt Col Col Select/Col(TS) (I) In how many cases out of all applications received in column (c) above for deferment of posting through DGMS (Army), did the remarks of Adjutant General overrule the remarks of DGMS (Army) not in favour of the officer from 01 Jan 2018 to 31 May 20227 (m) In how many cases out of all applications received in column (e) above for compassionate ground posting through DGMS (Army), did the remarks of Adjutant General overrule the remarks of DGMS (Army) not in favour of the officer from 01 Jan 2018 to 31 May 2022? Capt Major Lt Col Col Select/Col(TS)
2. Please provide copy of SOP/Policy/AI/AO/GOI letter which specifies the meaning of mov forthwith in the context of implementation of posting.
3. I had fwd my application for deferment of posting vide HQ 41 Arty Div letter no 306601/12A/M-1 dated 31 Mar 2022. I have been denied deferment of 3 posting vide DGMS 1(b) letter no B/06275K/DGMS-1(B) dated 12 May 2022. Please fwd copy of noting with remarks of competent auth regarding denial of deferment of posting.
4.Please provide copy of SOP/Policy which specifies the competent auth to grant extension of tenure/deferment of posting/ compassionate ground posting in respect of AMC Offrs.
5. Name. appointment, complete address and mobile number of first appellate authority may kindly be furnished."
The CPIO furnished a reply to the Appellant on 11.07.2022stating as under:
"Information as available with concerned agency of this Headquarters and permissible under RTI Act 2005 is given as under:-
(a) Information on Para 1 to 4. An extract of Para 2 of Note of concerned agency of this HQ alongwith its enclosures, vide which information pertaining to your query has been provided, is enclosed herewith (six pages only).
(b) Information on Para 5. In this connection, please refer Para 4 of ibid letter, vide which information pertaining to your query has been provided."
Being dissatisfied, the appellant filed a First Appeal dated 25.07.2022. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the ground of unsatisfactory response against point nos. 2(a) to 2(n) of RTI Application.
CIC/ARMHQ/A/2022/149493 Information sought:
The Appellant filed an RTI application dated 31.05.2022 seeking the following information:
"(a) Details of distribution of all COVID-19 related equipment viz, face mask, face shield, gloves, PPE kits, sanitisers etc procured in the financial years 2020-
21 and 2021-22 out of all grants, viz, ACG grant, i.e Regimental Fund, Welfare 4 Fund, battery Fund etc to various Branches/Offices may kindly be provided. Copy of all issue vouchers and receipts in this regard may kindly be provided.
(b) Please confirm that posting of how many officers from this HQ was implemented on due date without relief, when posting of reliever was not issued by IHQ of MoD (Army). Names of officers are not required, only figures are required. This information is required for the period from 01 Jan 2012 to 31 May 2022.
(c) Please provide all details of employment of lady attendant in the MI Room, i,e since when is the lady attendant employed and amount of salary/honorarium paid to her every year. Copy of noting sheet or relevant correspondence vide which the lady attendant was employed in the MI Room of this HQ may kindly be provided.
(d) Please confirm whether sweets were procured and distributed to staff of Div HQ on the occasion of raising day of HQ 41 Arty Div in the calendar year 2022. Reply is requested in the form of Yes/No. If yes, details of number of packets, weight of each packet and cost thereof may kindly be provided. Copies of all bills and receipts in this regard may kindly be provided. Details of branches to which the sweet packets were distributed may kindly be provided.
(e) Please confirm as to how many officers have been SOS on posting from this HQ on the date given by IHQ of MoD (Army); and thereafter have again been TOS on this HQ before joining new unit based on deferment/cancellation of posting received from IHQ of MoD (Army) in the during the joining time/journey period. Names of officers are not required, only figures are required. This information is required for the period from 01 Jan 2012 to 31 May 2022"
The CPIO furnished a point-wise reply to the Appellant on 30.06.2022 stating as under:
"Para wise reply with respect to the queries mentioned at Par 1 (a) to (e) in RTI application under reference are given in succeeding paragraphs.
Query 1 (a). Details in r/o distribution of COVID-19 related equipments procured out of ACG Grant in the FY 2020-21 and 2021-22 are available and will be provided upon payment of Rs 40/- (Rupees Forty Only) (total twenty pages @ Rupees two per page) by postal order payable at concerned Public Information Officer.
Query 1 (b). No such info exists.5
Query 1 (c). A lady attendant is employed in MI Room since 2006. She is paid out of Regt Fund (Private Fund) and therefore does not fall under the preview of RTI Act 05.
Query 1 (d). Sweets were procured out of Regt Fund (Private fund) and does not fall under the preview of RTI Act 2005.
Query 1 (e). No such info exists."
Being dissatisfied, the appellant filed a First Appeal dated 08.07.2022. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the ground of unsatisfactory response against point nos. 1(b)- 1(e) of RTI Application.
CIC/IARMY/A/2022/148712 Information sought:
The Appellant filed an RTI application dated 31.03.2022 seeking the following information:
"a) Please confirm whether any written instructions were received from higher HQ stating that applications for extension of tenure/deferment of posting/choice posting in respect of officers will not be forwarded. Reply is requested in the form of Yes/No. If Yes, please provide copy of such letter/tour notes/minutes of conference/video conference received from higher HQ.
(b) From 01 Jan 2019 to till date, how many applications in respect of officers were received for extension of tenure/deferment of posting/choice posting, and out of these how many were forwarded to higher HQ? Names of officers are not required, only figures are required.
(c) How many DO letters were written by GOC/Dy GOC to IHQ of MOD (Army) requesting for extension of tenure/deferment of posting/choice posting in respect of various officers from 01 Jan 2019 to till date. Copies of such DO letters may kindly be provided after blocking out the name of GOC/Dy GOC and the personal particulars of the officer concerned in whose respect the DO letters were written.6
(d) How many light vehicles are authorized on the WE of this HQ; and how many are held? Is there any SOP/Policy regarding detailment of light vehicles for officers for performing various duties? Reply is requested in the form of Yes/No. If Yes, copy of such SOP/Policy may kindly be provided.
(e) Is MI Room authorized on the WE of this HQ? Reply is requested in the form of Yes/No. If yes, copy of relevant portion of WE wherein this authorisation is mentioned may kindly be provided If No, copy of noting sheet or relevant correspondence vide which the MI Room of this HQ was made functional may kindly be provided.
(f) Please provide details of ACG grant allotted and expended for the financial years 2019- 20, 2020-21, 2021-22. Details of all items procured out of ACG grant in these financial years may kindly be provided including copies of all bills and receipts in this regard. Details of all COVID-19 related equipment viz, face mask, face shield, gloves, PPE kits, sanitisers etc procured in the financial years 2020-21 and 2021-22 out of ACG grant may also kindly be included along with copies of all bills and receipts.
(g) Details of all COVID-19 related equipment viz, face mask, face shield, gloves, PPE kits, sanitisers etc procured in the financial years 2020-21 and 2021-22 out of grants other ACG grant, ie Regimental Fund, Welfare Fund, Battery Fund etc may kindly be provided along with copies of all bills and receipts.
(i) _____________ copy of noting/ board of officers vide which recommendation of medical authorities was factored in before procurement of above items.(starting part of this query is missing from the documents uploaded by the Appellant.)
(j) How many buddies/helpers are provided to various appointment holders posted in this HQ as on 31 Mar 2022. Names of various appointment holders and names of buddies/helpers are not required, only details of number of buddies/helpers provided to each appointment holder are requested. Above details of buddies/helpers provided may kindly include all personnel attached to this HQ on various grounds. Buddies//helpers being utilized by various appointment holders from units which they commanded earlier may also kindly be included in above details. Copy of diary of Subedar Major/Battery Havaldar Major/Detail Master may also kindly be provided in this regard.
(k) From 01 Jan 2020 to 31 Mar 2022 was there any occasion when buddy/helper was not provided to any appointment holder in this HQ? Reply is requested in the form of Yes/No. If Yes, please provide details of the same.7
Name of the appointment holder is not required, only appointment is required. During this period was any written representation received from any appointment holder, that buddy/helper has not been provided for a particular period. Reply is requested in the form of Yes/No. If Yes, copies of such correspondence may kindly be provided, after blocking out the name of the concerned appointment holder.
(l) Please confirm that posting out of how many officers from this HQ was implemented on the date mentioned in the posting order in cases where the officer had requested for deferment; and reply was not received from IHQ of MOD (Army), by the time of due date of implementation of posting. Names of officers are not required, only figures are required. This information is required for the period from 01 Jan 2019 to 31 Mar 2022."
The CPIO furnished a point-wise reply to the Appellant on 02.05.2022stating as under:
"Para wise reply with respect to the queries mentioned at Par 1 (a) to (l) in RTI application under reference are given in succeeding paragraphs. Query 1 (a). No such letter/ instructions received. Query 1 (b). Total 13 application received since 01 Jan 2019 and all has been submitted.
Query 1 (c). No info exists.
Query 1 (d). Light Vehicle Authorised-23, Held 21. No such SOP/Policy exists. Query 1 (e). No MI Room is auth as per WE and No such noting sheet/correspondence exists.
Query 1 (f). Details as per Appendix att. Query 1 (g). No such info exists.
Query 1 (h). No such info exists.
Query 1 (j) As per WE, 24 buddies are auth and same no of pers are emp with various appointments of this HQ. Buddies of following appointments are only attached on the auth of concerned records as these are posted on staff appointment is after commanded tenure :- 8
S No. Appt No of Buddies (a) GOC 01 (b) Dy GOC 01 ( c) Col GS 01 (d) Col GS (SD) 01 (e) Col Q 01 Query 1 (k). Yes. Refer Def & Emp Bty, HQ 41 Arty Div letter No 309301/X/A dt. 26 Apr 2021.
Query 1 (1). No such info exists."
Being dissatisfied, the appellant filed a First Appeal dated 07.07.2022. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the ground of unsatisfactory response against point nos. 1(f), (g), (h), (j) & (l) of RTI Application.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent no. 1: Brig. Tamojeet Biswas, CPIO- IHQ of MoD (Army) along with Lt. Col. Arun Kumar Sharma, GSO- I Med. 9MS-2), DGMS (Army) and Lt. Col. B.S. Poonia GSO- I present in person.
Respondent no. 2: Lt. Col. Gurpreet Singh, CPIO present through video- conference.
Appellant remained absent during hearing despite prior intimation.
Written submissions of the Respondents are taken on record.
In Appeal no. CIC/IARMY/A/2022/148404- Respondent No. 1 submitted that the genesis of instant matters relates to the issue of transfer or posting of the Appellant. When he does not get his posting as per his choice, then he files multiple RTI Applications. As soon as he got 9 posting as per his choice, he withdrew various Appeals of similar nature. As regards to RTI Application, reply along with relevant inputs had been furnished to the Appellant which was upheld by the FAA vide order dated 05.09.2022.
In Appeal no. CIC/ARMHQ/A/2022/149493 & CIC/ARMHQ/A/2022/148712- Respondent No. 2 submitted that point-wise replies had been already provided to the Appellant while the First Appeals were never received in their office.
Decision:
The Commission after adverting to the facts and circumstances of the cases and perusal of the records observes that the appropriate replies have been provided to the Appellant against the RTI Applications in terms of RTI Act, merits of which cannot be called into question. Thus, intervention of this Commission is not warranted in these matters.
The appeal(s) are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011-26181927 Date: 11-01-2024 Sh.Col PMP Singh Command Hospital, Central Command, Pin - 900450, C/o 56 APO, Uttar Pradesh, Lucknow - 226002.10