Central Information Commission
Rajesh Tandon vs Indian Army on 24 March, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/IARMY/A/2024/126713
Rajesh Tandon ....अपीलकता/Appellant
VERSUS
बनाम
.... ितवादीगण /Respondent
The CPIO
Station Headquarter Joshimath,
Pin-900298,
C/o 56 APO
Date of Hearing : 23.03.2026
Date of Decision : 24.03.2026
INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL
Relevant facts emerging from second appeal:
RTI application filed on : 04.03.2024
CPIO replied on : 20.04.2024
First appeal filed on : 01.06.2024
First Appellate Authority's : 03.07.2024
order
Second Appeal dated : 02.09.2024
Page 1 of 8
Information sought:
1. The Appellant filed an RTI application dated 04.03.2024 seeking the following information:
"kindly provide me the certified copies of the following documents asked for under the provisions of Sec 2(j) (ii) of RTI act 2005, whereby each page of the certified copies of the documents provided under the RTI act 2005, needs to be duly stamped and certified under RTI Act 2005. The certified copy of the document which have enclosures need to be provided in full along with the enclosures. The certified copies of the documents required under RTI are as under :-
a) Certified copy of the agreement signed between Col Rajesh Tandon (Retd) and the Station Commander, Joshimath for the period of contractual engagement for twelve months (from 10 Apr 2023 to 09 Apr 2024) as the contractual employees of ECHS Polyclinic, Karanprayag used to send the agreement with their signatures to stn HQ Joshimath, whereas a copy of the said agreement with the signature and stamp of station commander should be ideally given to the ECHS employees which was never given.
b) Following letters along with its enclosures on the subject matter of Feedback on Visit of Stn Cdrs/GOCs to Various ECHS Polyclinics :-
(i) HQ Central Comd Letter No 210130/26 /ECHS dt 22 Aug 23.
(ii) HQ Uttar Bharat Area Letter No 196103/Gen/ECHS dt 30 Aug 2023.
(iii) HQ U K Sub Area letter No 121402/conf/T1 dt 14 Sep 2023.
(iv) Stn HQ Joshimath letter No 502/ECHS/ESM corres/Stn dt 18 Sep 2023.
c) ECHS Polyclinic karanprayag letter No 02/KPG/ECHS dt 12 Dec 2023 on the subject matter of Reporting of the case of Non approval of referrals of Patients of Parent Polyclinic Joshimath (Causing Extreme Harassment to the Patients) in complete violation of Para 9 of Central Organisation ECHS , AG's Br letter No B/49711- NSCIAG/ECHS/Referral dt 23 Sep 2021 (in view of Sudden Withdrawal of Digital Signature Token by CO 2009 FD Ambulance) with Legal Implications under Consumer Protection Act 2019.Page 2 of 8
d) Following letters along with its enclosures on the subject matter of Need to review medicine collection for Polyclinic away from Dehradun in view of Rule position if and Ground situation :-
i) ECHS Polyclinic Karanprayag Letter No 04/ /kpg/Gen/ECHS dt 13 Jun 2023
ii) ECHS Polyclinic Karanprayag Even Letter No dt 23 Sep 2023
iii) ECHS Polyclinic Karanprayag Even Letter No dt 16 Nov 2023
iv) ECHS Polyclinic Karanprayag Even Letter No dt 04 Dec 2023
e) HQ U K Sub Area letter No 121406/Med /T3 dt 11 Nov 2023 on the subject matter of Provn of stay and food during medicine collection
f) Certified copy of the letter of LAO, Dehradun letter on the subject matter of Review /Cash Inspection Report for the period 10/22 to 03/23 raising the audit objection in the audit of ECHS Polyclinic Karanprayag on the following matters :-
i) On the matter of use of Petty Cash and not using GeM and
ii) Also on the matter outstanding deduction by bank of public money which was being deducted for account keeping charges and not keeping minimum operating balance.
g) Certified copy of ECHS Polyclinic Karanprayag Letter No 21/KPG/ECHS dt 18 Aug 2023 on the subject matter of on the subject matter of Review /Cash Inspection Report for the period 10/22 to 03/23 i.e Requirement of taking up the case with Central Org, ECHS, Integrated HQ of MoD (Army), GOI, MoD & Min of Finance, Department of expenditure, procurement policy division for seeking clarification in the implementation of GeM in the matter of making Petty purchases from Petty Cash Authorised to ECHS Polyclinics on account of observations given by LAO, Dehradun during the audit of ECHS Polyclinic karanprayag. This is a thick file containing exhaustive reply sent to Stn HQ Joshimath under intimation to LAO, Dehradun.
h) Certified copy of the letter of LAO, Dehradun letter vide which the observation raised on the matter of use of petty cash was settled finally by LAO Dehradun on account of preparing an exhaustive reply vide ibid ECHS Polyclinic Letter, karanprayag, as mentioned in para 3(g) above.Page 3 of 8
j) Certified Copy of ECHS Polyclinic Karanprayag Letter No 20/ kpg/ R & R/ ECHS dt 04 Nov 2023 on the subject matter of Reqmt of Essential Items from Different Code Heads for Polyclinic karanprayag.
k) Certified copies of following letters related to issue of smart phone Four ECHS Polyclinic, Karanprayag :-
i) ECHS Polyclinic Karanprayag Letter No 10/KPG/ECHS dt 13 Oct 23 and Even letter No Min Sheet dt 13 Oct 2023.
ii) Stn HQ Joshimath Even Letter No dt 09 Nov 23
iii) Stn HQ Joshimath Even Letter No dt 17 Nov 23
l) ECHS Polyclinic karanprayag, Letter No 02/KPG/ECHS dt 21 Nov 2023 on the matter of reporting of Professional Misconduct against Dr Sudhanshu Pant, the Dental Officer of ECHS Polyclinic Karanprayag.
m) ECHS Polyclinic Karanprayag Letter No 37/KPG/ECHS dt 02 Aug 2023 on the subject matter of Waving of Bank Charges From Current Account No : 3055 2000247 in respect of OIC Polyclinic karanprayag.
n) ECHS Polyclinic Karanprayag Letter No 24/KPG/ECHS dt 04 Jul 2023 on the subject matter of urgent requirement of appointment of a new Pharmacist at ECHS Polyclinic karanprayag in the wake of sudden resignation of JC- 695273H sub Bhuvneshwar Prasad Thapliyal (Retd), Pharmacist, ECHS Polyclinic, karanprayag, without any Notice.
o) ECHS Polyclinic Karanprayag Letter No 24/KPG/ECHS dt 01 Dec 2023 on the subject matter of Timely appear in Biometric.
2. The CPIO, HQ UK Sub Area, transfer the RTI application to Stn HQ Joshimath, on 09.03.2024 Further, the CPIO, Stn HQ Joshimath, furnished a reply to the Appellant on 20.04.2024 stating as under:
"1) PI ref your letter No 120701/DDN/A/EDN dt 09 Mar 2024.
2) The reply/comments to your RTI application ref at para 1 above is given below: -
a) Para 3 (a) Certified copy of agreement between Col Rajesh Tacon (Retd) & Brig Aman Anand, Stn Cdr is enclosed.
b) Para 3 (b), (d), (e), (k), (I), (o) Exempted from disclosure under section 8 (1) (e) & (j) of RTI Act 2005.
c) Para 3 (c) Exempted from disclosure under section 8 (1) (e) of RTI Act 2005.Page 4 of 8
d) Para 3 (f) Exempted from disclosure under section 8 (1) (d) &
(e) of RTI Act 2005.
e) Para 3 (g), (h), (i), (m), (n) Exempted from disclosure under sectio 1 8 (d), (e) & (j) of RTI Act 2005.
3) Para 6 (a), (b), (c) Does not pertain to this Office".
3. Being dissatisfied, the appellant filed a First Appeal on dated 01.06.2024. The FAA vide its order on 03.07.2024 stated as under:
"SUBJECT: RTI ACT 2005: FIRST APPEAL UNDER SEC 19 (1) OF RTI ACT
1) Pl ref your letter No 46665/RT/Cert Copies/RTV/ I Appeal dt 01 Jun 2024 received on 12 Jun 2024.
2) The photocopy of following letters asked vide your letter mentioned at para 1 above are forwarded herewith:
a) ECHS PC Karanprayag letter No 02/KPG/ECHS dt 12 Dec 2023.
b) ECHS PC Karanprayag letter No 04/KPG/Gen/ECHS dt 13 Jun 2023.
c) ECHS PC Karanprayag letter No 04/KPG/Gen/ECHS dt 23 Sep 2023.
d) ECHS PC Karanprayag letter No 04/KPG/Gen/ECHS dt 16 Nov 2023.
e) ECHS PC Karanprayag letter No 21/KPG/ECHS dt 18 Aug 2023
f) ECHS PC Karanprayag letter No 20/KPG/R &R/ECHS dt 04 Nov 2023
g) ECHS PC Karanprayag letter No 02/KPG/ECHS d: 21 Nov 2023.
h) ECHS PC Karanprayag letter No 37/KPG/ECHS dt 02 Aug 2023.
j) ECHS PC Karanprayag letter No 24/KPG/ECHS dt 04 Jul 2023.
k) ECHS PC Karanprayag letter No 24/KPG/ECHS dt 01 Dec 2023.
3) The following letters asked vide your letter mentioned at Para 1 cannot be shared as they are third party info, held in fiduciary relationship and no public interest appears to be involved in disclosing the same:
a) HQ Central Comd letter No 210130/26/ECHS dt 22 Aug 2023
b) HQ Uttar Bharat Area letter No 196103/Gen/ECHS dt 30 Aug 2023
c) HQ UK Sub Area letter No 121402/conl/T1 dt 14 Sep 2023.
d) Station HQ Joshimath letter No 502/ECHS/ESM Corres/Sin dt 18 Sep 2023.
e) ECHS PC Karanprayag letter No 04/KPG/Gen/ECHS dt 04 Dec 2023
f) HQ UK Sub Area letter No 121406/Med /T3 dt 11 Nov 2023 Page 5 of 8
g) "LAO, Dehradun letter No LA/CT/ECHS/Karanprayag/10/22 to 03/23 dt 25 Jul 2023.
h) LAO, Dehradun letter No LA/CT/ECHS/KPG/10/22-03/23 dt 11 Oct 2023".
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Rajesh Tondon Respondent: Not present
5. Proof of having served a copy of Second Appeal on Respondent, while filing the same in CIC, is not available on record.
6. The Appellant inter alia submitted that no proper reply has been furnished by the Respondent except providing a copy of the agreement, and the relevant enclosures have not been supplied. The Appellant further contended that exemption under Section 8(1)(d) of the RTI Act, 2005 has been wrongly invoked. It was also submitted that the information sought is directly connected with his livelihood, as he was allegedly wrongfully terminated, and denial of such information has caused prejudice to him.
7. The respondent is not present despite service of notice of hearing.
8. Written submissions dated Nil filed by the respondent is taken on record which states that the appellant, was appointed as Officer-in-Charge (OIC), ECHS Polyclinic Karanprayag on contractual basis w.e.f. 10.04.2023 to 09.04.2024 and had accepted the terms and conditions of the Contract Agreement executed on 15.05.2023. However, during the course of his tenure, he administered the Polyclinic in an unprofessional manner and therefore, his services were terminated in accordance with Para 8 of the appointment letter and Para 3 of the Contract Agreement after due deliberation, with his misconduct towards senior officers being the final precipitating factor. It is also stated that ten (10) letters sought by the appellant have already been dispatched on 03.07.2024 after approval of the CPIO, whereas seven (07) letters have been withheld under Section 8(1)(j) of the RTI Act and Section 44(3) of the DPDP Act, 2023, being third- party/fiduciary in nature, however, some additional documents are Page 6 of 8 proposed to be furnished to the appellant and the Commission by 05.04.2026.
Decision:
9. The Commission after adverting to the facts and circumstances of the case, hearing the parties present and perusal of the records and written submissions, notes the matter requires further examination in view of the detailed written submissions made by the respondent that additional documents are proposed to be furnished to the appellant and the Commission by 05.04.2026.
The Commission takes serious note of the absence of the respondent CPIO during the hearing despite due service of notice. With a view to give opportunity to the respondent to explain his/her portion, the matter will be re-listed for hearing. The appellant requested to re-list the matter after 08.05.2026.
In view of the above, the Registry of this Bench is directed to re-list the matter for hearing on 15.05.2026, with the directions to the respondent CPIO to remain present, failing which penal action under section 20 of the RTI Act can be taken against him/her.
The appeal stands adjourned accordingly.
Sd/-
SANJEEV KUMAR JINDAL(संजीव कुमार िजंदल) Information Commissioner (सूचना आयु ) date: 24.03.2026 Authenticated true copy (अिभ मािणत स ािपत ित) (SK Chitkara) Dy Registrar 011- 26107051 Page 7 of 8 Addresses of the Parties:
1. The CPIO Station Headquarter Joshimath, Pin-900298, C/o 56 APO
2. Rajesh Tandon Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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