Central Information Commission
Om Narain Krishan vs Directorate General Of Quality ... on 21 February, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/DGOQA/A/2022/142565
Om Narain Krishan ... अपीलकता /Appellant
VERSUS
बनाम
CPIO:
D.G. Quality Assurance
Delhi ... ितवादीगण/Respondent
Relevant dates emerging from the appeal:
RTI : 02.06.2022 FA : 10.07.2022 SA : 06.09.2022
CPIO : 30.06.2022 FAO : 15.07.2022 Hearing : 14.02.2024
Date of Decision: 20.02.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 02.06.2022 seeking information on the following points:
1) "DGQA issued letter number A/92163/CR/DGQA/ADM-78 dated 08 Mar 2016 for merger of JSO with SSO-II and then after a proposal for amendment in DQAS Rule 2014 was moved to DoP&T by DGQA (reference copy attached). It is requested to provide the entire noting sheets along with all file enclosures for followings:
A) Files of cadre review (Merger of JSO with SSO, refer attachment) Page 1 of 5 B) The files of proposal for Amendment in DQAS Rule 2014 After merger of JSO with SSO-II (refer attachment).
2) It is also requested to provide the entire noting sheets along with all file enclosures for case of De-Merger of SSO-II to JSO."
2. The CPIO replied vide letter dated 30.06.2022 incorporating the responses from the concerned Section under two notes- Note No. 4/92163/RTUDGQA/Adm-78 dated 13 Jun 2022 & Note No. C/85670/RT|/DGQA/Adm-68 dated 29 Jun 2022. The following reply was contained therein:
For para 1(A): "The information sought by the RTI applicant is voluminous and therefore providing copy of the same will unnecessarily divert the resources of this office (section 7(9) of the RTI Act 2005). However, the applicant may be allowed to inspect the requisite document held with this office with prior appointment."
For para 1(B) & 2: "Information sought by the applicant have been perused and it has been found that all these information are related to the matter of cadre review of GP B & GP C posts of DGQA Organization, which is confidential in nature. The applicant Shri OM Narain Krishnan is not connected/related to this matter and hence, it is considered third Party information in terms of Section 11 of RTI Act 2005. It has been held by the Commission in a number of its decisions that the third party cannot have a claim to seek copy of these information, which is confidential in nature. ln this context, CIC order in the case of Shri MP Dixit vs Income Tax Department, Patna on File No. CIC/LS/A/1010i000097 dated 31.03.2010 is relevant. A copy of the same is attached herewith for reference."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.07.2022. The FAA vide order dated 15.07.2022 observed and directed as under:
"7. lt is observed that the CPIO HQ DGQA has replied vide their letter dated 30 Jun 2022 to the queries raised by the appellant in his RTI application dated 02 Jun 2022.Page 2 of 5
ln his first appeal, the appellant has now asked for noting sheets of these files as well as he has requested for appointment for inspection of the files.
DECISION
8. ln view of the above, the appeal is accepted and I direct the CPIO HQ to revisit the RTI application and the first appeal and provide a revised reply to the appellant regarding with respect to the points raised by him in the first appeal regarding provisioning of the copy of noting sheets and inspection of the records held under the control of the public authority. This should be done within three weeks of receipt of this Order."
4. Aggrieved with the non-compliance of FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 06.09.2022.
5. The Appellant was present in person during the hearing and on behalf of the Respondent, Ramawtar Meena, Dy. Director (Budget & RTI) & CPIO along with Chitrasen Yadav & P. Harichand, Deemed CPIO(s) attended the hearing in person.
6. The Appellant narrated the factual background of the information sought for in the RTI Application and submitted that he has been provided with the inspection of only one of the three files he had requested for, that too after he had filed the instant Second Appeal.
7. The Respondent emphasized on the following submissions filed prior to the hearing on 07.02.2024:
"7. In reply of 1 appeal wrt query raised vide para 1(a) of RTI application, the appellant was requested to inspect the files available with DGQA/Adm-7B by CPIO, HQ DGQA. The appellant did not come to inspect. Again, he was requested to inspect the documents on 01 Mar 2023. He inspected the requisite documents on 01 Mar 2023 and selected 51 pages which were given to him vide letter No C/87570/6051/DGQA/PI Cell dated 11 Apr 2023 (Annexure II).
8. In reply of 1st Appeal wrt query raised vide para 1(b) & 2 of RTI application, CPIO has provided the information vide letter No C/87570/6051/ DGQA/PI Cell dated 06 Page 3 of 5 Dec 2022 (Annexure III) that "the files related to amendment in DQAS rules/de-merger are presently under considerations of MoD/Ministry of Finance for final decision. Once decision is taken, the same will be posted at DGQA website" Subsequently, file was received back duly approved. However, Hon'ble CAT (PB) New Delhi in OA No. 3813/2023 issued order dated 24 Feb 2023 (Annexure IV) to maintain "Status Quo".
Hence, Govt. Sanction letter has not been issued so far, hence no information as defined under section 2(f) of RTI Act 2005 is available with us."
8. The Appellant objected that the CAT order has come only in Feb, 2023 and the same has no bearing on the information sought for by him in June, 2022.
9. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that the FAA erred in issuing a direction without examining the correctness of the CPIO's reply of 30.06.2022 stating the inability to provide the enormity of the documents sought for by the Appellant as per Section 7(9) of the RTI Act. Further, the denial of the information sought for at points 1(B) and 2 as being a third party information also appears to have not been noted by the FAA. Nonetheless, as it transpires, as on date, the Appellant has been provided with inspection of records and documents related to para 1(A) of the RTI Application. Now, notwithstanding the action taken by the CPIO in complying with the FAA's order vide their reply of 06.12.2022 and 11.04.2023, it is pertinent to note that the original reply of the CPIO dated 30.06.2022 did not suffer from any infirmity. Further, for the lack of specifics contained in the information sought for in the RTI Application, and owing to the fact that the complete files of merger of JSO with SSO, amendments thereof, if any, and "entire noting sheets" may entail voluminous data and also involve third party information, the Commission is not inclined to order for any relief in the matter.
10. Having observed as above, no scope of action is pertinent in the matter.
11. The Appeal is disposed of accordingly.
Page 4 of 5Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 20.02.2024
Authenticated true copy
Col S S Chhikara (Retd) कन ल एस एस िछकारा ( रटायड )
Dy. Registrar (उप पंजीयक)
011-26180514
Addresses of the parties:
1. The CPIO
M/o. Defence,
Director General of Quality Assurance,
Dy. Director (Budget & RTI) & Nodal CPIO,
(P.I. Cell), H.Q., 2nd Floor, B-Block,
Defence Office Complex, Africa Avenue,
Sarojini Nagar, Delhi-110023
2. Om Narain Krishan
Page 5 of 5