Central Information Commission
Namoram Meena vs Military Engineer Services on 4 July, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MESER/A/2024/608192
Namoram Meena .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
MILITARY ENGINEER SERVICE
(HQ), ENGINEER IN CHIEF BRANCH,
KASHMIR HOUSE, RAJAJI MARG,
NEW DELHI-110011 .... ितवादीगण /Respondent
Date of Hearing : 01.07.2025
Date of Decision : 04.07.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 14.10.2023
CPIO replied on : 10.01.2024
First appeal filed on : 21.01.2024
First Appellate Authority's order : 22.02.2024
2nd Appeal/Complaint dated : 25.02.2024
Information sought:
1. The Appellant filed an RTI application dated 14.10.2023 (online) seeking the following information:
"(a) Action taken report on my factual application bearing No NRM/PC/02/Pers dt 17 Jun 2023 sent via Regd Post No RE899358345IN Page 1 of 6 to the Liaison Officer Special Reservation Cell Military Engineer Services, E-In-Cs Br Kashmir House Rajaji Marg, New Delhi-110011
(b) The Enquiry/Investigation report on my representation bearing No NRM/APAR/2021-22/02/Pers dt 21.06.2022 sent to the Liaison Officer Special Reservation Cell Military Engineer Services, E-In-Cs Br Kashmir House Rajaji Marg, New Delhi-110011
(c) The comments asked on my representation bearing No NRM/Work-18 dt 20.04.2023 regd withdrawal of show cause notices as informed vide special reservation cell letter No B/23440/SC/ST/Liaison Officer/SRC dt 17.05.2023
(d) The comments asked on my representation bearing No NRM/Work-
17 dt 20.04.2023 regd alleged cyber enquiry as informed vide special reservation cell letter No B/23440/SC/ST/Liaison Officer/SRC dt 17.05.2023"
2. The CPIO furnished a reply to the Appellant on 10.01.2024 stating as under:
"your RTI Application has been disposed and dispatched vide this office letter NO. B/78001/Jt DG(Pers)/RTI/CSCC dated 09 Jan 2024. The copies of the sought information have been enclosed with the referred letter."
3. Being dissatisfied, the appellant filed a First Appeal dated 21.01.2024. The FAA vide its order dated 22.02.2024, held as under:
"It is seen that the RTI was assigned to the concerned CPIO on 01 Dec 2023 only, CPIO requested the applicant to deposit money required for info on 02 Jan 2024. The money was deposited on 05 Jan 2024. CPIO furnished available info on 08 Jan 2024 (06-07 Jan 2024 being holiday on account of Saturday and Sunday). Contention of the applicant that CPIO had denied to provide requested info is not in order."
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-Page 2 of 6
Appellant: Absent Respondent: Shri Vivek Omar, Director/CPIO and Shri Vinod Kumar Parmar, Jt. Director, appeared in person.
5. The Respondent while defending their case inter alia submitted that they had filed detailed written submissions dated 18.06.2025 disclosing complete facts of the case and requested the Commission to place the same on record, copy of the same was sent to the Appellant. The relevant paras of the written submission are reproduced as under:
1. "Refer CIC Notice of hearing No. CIC/MESER/A/2024/608192 dt 09.06.2025.
2. Appellant has sought following information through RTI dt 14.10.2023 as under:-
(a) Action taken report on my factual application bearing No. NRM/PC/02/Pers dt 17 Jun 2023 sent via Regd Post No RE899358345IN to the Liaison Officer Special Reservation Cell Military Engineer Services, E-in-
Cs Branch Kashmir House Rajaji Marg, New Delhi-110011.
(b) The Enquiry / Investigation report on my representation bearing No NRM/APAR/2021-22/02/Pers dt 21.06.2022 sent to the Liaison Officer Special Reservation Cell Military Engineer Services, E-in-Cs Branch Kashmir House Rajaji Marg, New Delhi-110011.
(c) The comments asked on my representation bearing No NRM/Work-18 dt 20.04.2023 regd withdrawal of show cause notices as informed vide Special Reservation Cell letter No. B/23440/SC/ST/Liaison Officer/SRC dt 17.05.2023.
(d) The comments asked on my representation bearing No NRM/Work-17 dt 20.04.2023 regd alleged cyber enquiry as informed vide Special Reservation Cell letter No. B/23440/SC/ST/Liaison Officer/SRC dt 17.05.2023.
3. CPIO has replied the ibid RTI on 09 Jan 2024 (Annex-l). The case file has been perused again and following points are submitted:-
(a) It is a fact that factual application bearing No. NRM/PC/02/Pers dt 17 Jun 2023 has not been received by Liaison Officer Special Reservation Cell Military Engineer Services, E-in-Cs Branch Kashmir House Rajaji Marg, New Delhi-110011. The same has been correctly stated in the reply.Page 3 of 6
(b) The representation bearing No. NRM/APAR/2021-22/02/Pers dt 21.06.2022 (Annex-II) was received on 30.06.2022. Representation pertains to apprehension of appellant for recording of adverse/advisory comments or awarding grading below 06 in his APAR to ruin the career. The representation was forwarded to HQ CE Western Command by Liaison Officer Special Reservation Cell Military Engineer Services, E-in-Cs Branch vide letter No. B/23440/SC/ST/EIC (V) dt 12.07.2022 for comments (Annex-
III).
However, no comments has been received on the said representation from HQ CE Western Command. Moreover, a communication dated 15 Jul 2022 (Annex-IV) from Reviewing Officer of appellant i.e. GE Basoli (J&K) has been received on the same context with following remarks:-
"The indl will be rated strictly as per his performance in the reporting period as per laid guidelines on subject".
As such no enquiry / investigation has been carried out on the subject matter. Erroneously the information provided through RTI reply dt 09 Jan 2024 is not concerned with the information sought by appellant. The same is regretted please.
(c) The representation bearing No NRMWork-18 dt 20.04.2023 (Annex- V) was received by Liaison Officer Special Reservation Cell Military Engineer Services, E-in-Cs Branch, on 02.05.2023. The representation is pertains to withdrawal of show cause notices issued by Reporting Officer/ Reviewing Officer. In representation, appellant has not sought any comments from Liaison Officer Special Reservation Cell Military Engineer Services E-in-Cs Branch. The representation of appellant was forwarded to GE (Basoli) and CWE (Pathankot) by Liaison Officer Special Reservation Cell Military Engineer Services, E-in-Cs Branch vide letter No. B/23440/SC/ST/Liaison Officer/SRC dt 17.05.2023 for comments (Annex -VI), but no comments has been received till date.
It is further stated that issue of show cause notices on various matters is an administrative action to maintain discipline and Liaison Officer Special Reservation Cell has no role in administrative matter of any unit unless there is clear case of any harassment to the individual being ST which has not been reflected in the representation submitted by the individual. Erroneously the information provided through RTI reply dt 09 Jan 2024 is not concerned with the information sought by appellant. The same is regretted please.
Page 4 of 6(d) The representation bearing No NRMWork-17 dt 20.04.2023 (Annex-VII) received by Liaison Officer Special Reservation Cell Military Engineer Services, E-in-Cs Branch on 02 May 2023. The representation pertains to put relevant facts before the respective authorities in respect of alleged cyber enquiry of appellant.
The laptop of appellant was seized by No. 2 FID/9 CIB on 22-23 Sep 2021 in cyber security check of GE Basoli. Liaison Officer Special Reservation Cell Military Engineer Services has no role in cyber security or in release of instruments impounded by army authorities as mentioned by GE Basoli in letter dt 16 Apr 2022 (Annex-VIII).
However, the above representation was forwarded to GE (Basoli) and CWE (Pathankot) by Liaison Officer Special Reservation Cell Military Engineer Services, E-in-Cs Branch vide letter No. B/23440/SC/ST/Liaison Officer/SRC dt 17.05.2023 for comments (Annex- IX), which are still awaited. The copy of the same has been provided to appellant in reply dt 09 Jan 2024.
In view of the above, it is submitted that Liaison Officer Special Reservation Cell Military Engineer Services, E-in-Cs Branch has very little role in addressing the representation of individual which are administrative and security related matters. The Second Appeal preferred by appellant may be disposed off accordingly."
Decision:
6. The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, noted that the Appellant sought information regarding action taken reports and related documents concerning his four different representations sent to the Special Reservation Cell, E-in-C Branch, MES HQ. The CPIO and the FAA replied to the RTI application, and the first appeal vide their letters dated 10.01.2024 and 21.02.2024. Further, the Respondent has filed a detailed written submission dated 18.06.2025 explaining complete facts of the case, copy of the same along with all enclosures were marked the Appellant. The Appellant neither filed any written objection nor presented himself before the Commission to controvert the averments made by the Respondent and further agitate the matter.Page 5 of 6
7. The Respondent informed that some of the representations mentioned by the Appellant were either not received or were referred to other units, from whom no comments have been received till date. The issues raised by the Appellant pertain largely to administrative decisions and internal processing of representations, for which the Special Reservation Cell (to whom the RTI was addressed) has limited or no role. The information available with the CPIO has been duly furnished, and wherever unavailable or irrelevant, reasons have been clearly stated. The RTI Act mandates disclosure of available and existing information held by Public Authorities; it does not obligate creation of information or compel decision-making on pending administrative matters.
The CPIO has provided the documents available and has appropriately clarified the status of each representation referred to in the RTI application. The Commission finds no infirmity in the handling of the RTI request.
The appeal is dismissed accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
THE FAA, JT. DG, MILITARY ENGINEER SERVICE (HQ), ENGINEER IN CHIEF BRANCH, KASHMIR HOUSE, RAJAJI MARG, NEW DELHI-110011 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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