Central Information Commission
Mr.M. G. Devasahayam vs Ministry Of Defence on 1 January, 2013
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2012/002765
Appellant : M. G. Devasahayam
Respondent : Ministry of Defence
Date of hearing : 1.1.2013
Date of decision : 1.1.2013
FACTS
Heard today dated 1.1.2013. Appellant not present but is represented by Adv. Vishwajeet Singh. MoD is represented by Shri K. L. Nandwani, Dy. Secretary (MS) and Shri Ravi Sunder, Under Secretary (MS). The parties are heard.
2. It is noticed that vide RTI application dated 27.4.2012, the appellant had sought the following information:-
"in Writ Petition (Civil) No. 116 of 2012 in the Supreme Court in the matter of selection and appointment of Lt. Gen. Bikram Singh as the next Chief of the Army Staff, Attorney General of India placed the original file of the Cabinet Appointment Committee concerning the appointment before the Court which went through the same and returned it to the Attorney General before passing the Order. Copy of the Supreme Court order is annexed for ready reference.
I am a petitioner in this Writ Petition and would request you to provide me the competent authority's duly attested clean copy of the entire file with all relevant records / documents / reports including noting portion evidencing the process of selection and appointment along with the clearance obtained from Intelligence and other agencies."
3. The CPIO had responded to it vide letter dated 1.6.2012 wherein he had denied the requested information to the appellant. Para 02 of his letter is extracted below:-
"2. The information / documents sought by you pertains to the selection of the next COAS and contains the proceedings of the Selection. The selection proceedings cannot be shared in terms of the Supreme Court's judgment dated 12th May 2008 in Civil Appeal No. 7631/2002 (Dev Dutt vs. UOI & others) and consequent decision of CIC dated 21st Oct 2009."
4. Aggrieved with the decision of CPIO, the appellant had filed the first appeal on 21.7.2012. This was decided by the First Appellate Authority vide order dated 3.10.2012, wherein he upheld the decision of the CPIO. Para 04 of his order is extracted below:-
"4. Apart from the substantial portions of ACRs of the officers considered, the file contained details of military formations, their capabilities etc. Hence, the information therein is also exempt under section 8 (1) (a) of the RTI Act."
5. Shri Nandwani produces the relevant file of MoD before the Commission which is perused.
6. However, the appellant had filed the present appeal before the Commission before the First Appellate Authority had pronounced its decision. During the hearing, Adv. Singh submits that he has not received a copy of the First Appellate Authority's order. A copy thereof is provided to him. After perusing the same, he submits that he would like to seek instructions from the appellant and requests for seeks short adjournment.
7. In view of the above, the matter is adjourned to 18th January, 2013 at 1200 hrs. The appellant will file his written representation on the said date of hearing. The appellant will send a copy of this written representation to Shri K. L. Nandwani, Dy. Secretary, 04 days before the hearing.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K L Das) Dy. Registrar Address of parties
1. The CPIO M/o Defence, South Block, New Delhi - 110011
2. Shri M. G. Devasahayam 103, Ceebros Bayview, 4th Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai - 600041