Central Information Commission
Suresh Babu Kalluri vs Ministry Of Defence on 10 February, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DODEF/A/2023/652329
CIC/IARMY/A/2023/656408
Suresh Babu Kalluri .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
APS Records, PIN - 900746,
C/o 56 APO .... ितवादीगण /Respondent
Date of Hearing : 04.02.2025
Date of Decision : 07.02.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
CIC/DODEF/A/2023/652329
Relevant facts emerging from appeal:
RTI application filed on : 05.08.2023
CPIO replied on : 06.09.2023
First appeal filed on : 26.09.2023
First Appellate Authority's order : 17.10.2023
2nd Appeal/Complaint dated : 21.10.2023
Information sought:
The Appellant filed an RTI application dated 05.08.2023 (offline) seeking the following information:
"1. It is submitted that I was enrolled in APS on 19 Apr 2005 and I have completed 18 years of unblemished service in the organisation with utmost sincerity. Presently I am posted at HQ 54 Arty Bde (934 FPO) wef Page 1 of 19 01 Jul 2021 on medical grounds in connection with my differently abled son.
2. It is requested to kindly provide me information on the following points pertaining to my posting case:-
(a) Kindly provide authority/policy and reason, my posting to HQ 54 Arty Bde (934 FPO) was issued on ECG (Med Grounds) with two years by APS Records vide their Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 without confirming the availability of Asha School whereas my case was forwarded along with all supporting documents duly recommended by Addl DG APS to APS Records for considering as per provision of Amdt No 1 of Para 37 of ROI 02/2012 (i.e 04/2012 dated 21 Jun 2012) wherein Para 37 (c) of ROI u/r states that initial period/tenure of posting for three yrs for specialized treatment to differently abled children vide Addl Dte Gen APS letter No 90045/APS-1E dated 15 Feb 2021.
(b) Kindly provide authority/policy and reason, an irrelevant reply was given on Addl Dte Gen APS letter No 90045/APS-1E dated 17 Mar 2021 regarding issue of necessary amendments in Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 by APS Records vide their letter No 1012/52/CA-1 which considered wrong factor of availability of med facilities at MH Secunderabad whereas factor of Asha School is reqd to be considered under the provision Amdt No 1 of Para 37 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) and AG's Branch/MP-3, IHQ of MoD (Army) letter No B/10201/Vol-VIII/MP dt 09 Apr 2012.
(c) Kindly provide action taken on my case regarding amendments in Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 which was fwd along with all supporting documents to APS Records under the provision Amdt No 1 of Para 37 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) and AG's Branch/MP-3, IHQ of MoD (Army) letter No B/10201/Vol-
VIII/MP dt 09 Apr 2012 by HQ 54 Arty Bde (934 FPO) vide their letter No 934/Posting-Corr/FPO dated 21 Feb 2023.
(d) Kindly provide authority/policy and reason, incorrect emerged facts have been intimated to HQ 54 Arty Bde (934 FPO) by APS Records vide their letter No 1012/1256/CA-1 dated 15 May 2023.
Page 2 of 19(e) Kindly provide action taken on HQ 54 Arty Bde (934 FPO) letter No 934/Posting-Corr/FPO dated 13 May 2023 regarding amendment in Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021.
(f) Kindly provide action taken on HQ 54 Arty Bde (934 FPO) letter No 934/Posting-Corr/FPO dated 23 May 2023 regarding actual facts on obsn which were raised by APS Records vide their letter No 1012/1256/CA-1 dated 15 May 2023.
(g) Kindly provide action taken on HQ 54 Arty Bde (934 FPO) letter No 934/Posting-Corr/FPO dated 13 Jun 2023 regarding brief of my case of amendment in Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 which was fwd after tele conv between AQMG, HQ 54 Arty Bde and CRO of your est on 09 Jun 2023 & 12 Jun 2023.
(h) Kindly provide authority/policy and reason, my posting to HQ 71 Sub Area (886 FPO) was issued as normal by APS Records vide their Posting Order No 68/2023 (1020/68/CA-1) dated 13 Jun 2023 whereas the following facts/points/polices are very closely related to non-implement of present posting:-
(i) My case regarding amendments in Posting Order dated 11 Mar 2021 for tenure and posting type under the provision of Para 37 (c) in Amendment No 1 at Para 2 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) and Para 2 (c) of AG's Branch/MP-3, IHQ of MoD (Army) letter No B/10201/Vol-VIII/MP dt 09 Apr 2012 is under process at Addl Dte Gen APS as forwarded HQ Southern Command (Postal Br) letter No 710230/3/APS-2 dated 30 Jun 2022.
(ii) I reqd to mention three choice of stations in my personal application as per availability of medical facilities for consideration of my next posting for specialised treatment of my differently abled child as per Para 37 (g) in Amendment No 1 at Para 2 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) and Para 2 (g) of AG's Branch/MP-3, IHQ of MoD (Army) letter No B/10201/Vol-VIII/MP dt 09 Apr 2012 as my previous posting was issued to HQ 54 Arty Bde (934 FPO) on ECG (Medical Grounds) based on disability cert, Part II Order regarding disability, medical certificate for previous posting which were forwarded to APS Records vide Addl Dte Gen APS letter No 90045/APS-1E dated 15 Feb 2021.
(iii) As per Para 37 (c) in Amendment No 1 at Para 2 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) and Para 2 (c) of AG's Branch/MP-3, IHQ of Page 3 of 19 MoD (Army) letter No B/10201/Vol-VIII/MP dt 09 Apr 2012, initial/tenure of my posting should have for three years extendable by one/two years based on the recommendation of appropriate specialist wherein tenure at HQ 71 Sub Area (886 FPO) for two years as per 9 (b) of ROI 02/2012 vide APS Records Posting Order No 68/2023 (1020/68/CA-1) dated 13 Jun 2023. Moreover, amendments to Posting Order No No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 as per medical documents & recommendations of of Addl Dte Gen APS still pending and the existing tenure of the NCO at should have been of minimum three years as per Amdt No 1 of Para 37 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) and AG's Branch/MP-3, IHQ of MoD (Army) letter No B/10201/Vol-VIII/MP dt 09 Apr 2012.
(iv) Advice was given vide Para 2 (e) of APS Records letter 1012/156/CA-1 dated 15 May 2023 that if the individual is still in need of posting on ASHA Ground Paraplegic/Differently abled children for specialised treatment as per recommendation of medical auth the individual may be apply for ECG posting on ASHA (medical grounds) under the provision of Amdt No 1 of Para 37 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) through proper channel. However, my case for amendment in Posting Order is already in progress.
(v) APS Records asked for necessary directions for consideration of my next posting on subject to receipt of required documents as per Para 37
(a) to (g) of Amdt No 1 of ROI ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) through proper channel from Addl Dte Gen APS vide APS Records letter 1012/156/CA-1 dated 15 May 2023.
(vi) Suggestion was given vide Para 2 (a) of APS Records letter 1012/156/CA-1 dated 15 May 2023 that as per Para 24 of ROI 02/2012, one year extension of tenure in ECG posting may be sanctioned on approval from Addl Dte Gen APS.
(vii) Presently my son is studying in Primary at Bison Asha School, Bowenpally, Secunderabad under AWWA which is under HQ 54 Arty Bde wef 08 Jul 2021 and undergoing specialised treatment (Physiotherapy, Speech & Occupational therapy) based on referral from MH Secunderabad as it being India's one of the largest institute for disabled child under Govt of India (School studying cert and all concerned medical documents already been submitted to APS Records vide HQ 54 Arty Bde (934 FPO) letter 934/Posting-Corr/FPO dated 21 Feb 2023 & 15 Jun 2023).
Page 4 of 19(viii) Again, my fresh posting to HQ 71 Sub Area (886 FPO) under HQ 16 Corps/HQ Northern Command was issued by APS Records whereas my last field posting at Ex-CIF Delta Postal Unit, under Cl Ops (J&K) (Rashtriya Rifles) under HQ 16 Corps/HQ Northern Command from 05 Jan 2015 to 15 May 2017.
(j) Kindly provide action taken on HQ 54 Arty Bde (934 FPO) letter No 934/Posting-Corr/FPO dated 15 Jun 2023 regarding amendment in Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021.
(k) Kindly provide action taken on HQ 54 Arty Bde letter No 504301/FPO/Gen dated 21 Jun 2023 regarding amendment in my Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 and cancel of fresh Posting Order No 68/2023 (1020/68/CA-1) dated 13 Jun 2023.
(l) Kindly provide action taken on HQ 54 Arty Bde letter No 504301/FPO/Gen dated 20 Jul 2023 regarding amendment in my Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 and cancel of fresh Posting Order No 68/2023 (1020/68/CA-1) dated 13 Jun 2023."
The CPIO furnished a reply to the Appellant on 06.09.2023 stating as under:
"Para wise reply to your RTI application is as under:-
Para 2 (a), (b), (c), (e), (f), (a), (h), (j), (k): - As per RTI Act 2005, an applicant may ask information which is available in material form. Seeking clarification and reasoning/ interpretations/ drawing inferences are not covered within the definition of information. As such, PIO is not supposed to create and interpret the information, solve the problems raised by the applicant, furnish replies to hypothetical question or to furnish clarifications to queries under the RTI Act. Your RTI application is grievance in nature and does not qualify under the definition of 'information' under Section 2 (f) of RTI Act 2005. However, comprehensive/consolidated reply on query recd vide HQ 54 Arty Bde letter has been issued vide this est letter No 1012/156/CA-1 dated 15 May 2023 and 1012/122/CA-1 dated 04 Aug 2023.
Further, it is intimated that information sought vide Para 2 (d) of your application is more closely related to IHQ of MoD (Army)/ APS Dte. Hence, your ibid RTI appin is being transferred to IHQ of MoD (Army)/ APS Dte under Section 6 (3) of Right to Information Act 2005. You are Page 5 of 19 therefore, requested to make further correspondence with them directly with respect to rest queries of ibid RTI application."
Being dissatisfied, the appellant filed a First Appeal dated 26.09.2023. The FAA vide its order dated 17.10.2023, held as under:
"AND WHEREAS, PIO APS Records had provided the information/details to the applicant on the above subject vide their letter No 1003/11/CA-1 dt 06 Sep 23 and letter No 1003/8/CA-1 dated 08 Sep 23.
AND WHEREAS, aggrieved by the info provided by the PIO, APS Records the applicant has preferred an appeal dt 26 Sep 23, recd this Wing on 03 Oct 23 under the provision of section 19 (1) of the said Act, stating that he was not satisfied with the information.
AND NOW THEREFORE, after having perused all the records In connection with your RTI application dated 05 Aug 23 and appeal dated 26 Sep 23, additional relevant reply is as under:-
(i) The copies of following correspondence made by you to APS RO on the above subject are fwd herewith as desired.
(a) : IHQ of MoD (Army)/ APS Dte letter No 90045/APS-1E dt 15 Mar 2019.
(b) : IHQ of MoD (Army)/ APS Dte letter No 90045/APS-1E dt 03 Jun 2019.
(c) : This est letter No 1061/CA-1/17/Clks dated 19 May 2020.
(d) : IHQ of MoD (Army)/ APS Dte letter No 90045/APS-1E dt 15 Feb 2021.
(e) : This est letter No 1012/11/CA-1 dated 03 May 2021. (4) : IHQ of MoD (Army)/ APS Dte letter No 90045/APS-1E dt 08 Mar 2021.
(6) : IHQ of MoD (Army)/ APS Dte letter No 90045/APS-1E dt 30 Mar 2021.
(h) : IHQ of MoD (Army)/ APS Dte letter No 90045/APS-1E dt 28 Apr 2021.
(j) : This est letter No 1012/52/CA-1 dated 21 Jun 2021.
(k) : HQ 54 Arty Bde letter No 934/Posting-Corr/FPO dated 27 Apr 2023.
(1) : This est letter No 1012/156/CA-1 dated 15 May 2023.
(m) : HQ 54 Inf Div letter No 16546/Comp/SBK/A6 (PC) dated 10 Aug 2023.
(n) : This est letter No 1012/3/CA-1 dated 17 Jul 2023.
Page 6 of 19(0) : This est letter No 1012/122/CA-1 dated 04 Aug 2023.
(iii) Further, inputs/ comments on the subject points/ matter, are submitted as under :-
a : You were posted with Addl Dte Gen APS (PLI Cell) wef 16 May 2017. On disbandment/closure of PLI Cell, IHQ of MoD (Army)/ APS Dte vide letter No 90045/APS-1E dt 15 Mar 2019 directed to side step certain pers to 1 CBPO where in your name was also included. Accordingly, you also been side stepped to 1 CBPO vide this est Posting order No 15/2019 dated 22 Mar 2019 with move completion by 20 Apr 2019. However, You was not move/carried out from Addl Dte Gen APS (PLI Cell) reasons not known to this est. Later on posting of the indl was diverted to IHQ of MoD (Army)/ APS Dte as per dirns recd vide IHQ of MoD (Army)/ APS Dte vide letter No 90045/APS-1E dt 03 Jun 2019 (Copy enclosed) for medical treatment of your child. Though both the units were in same stn (Delhi), accordingly your posting was diverted to Addl Dte Gen APS vide Posting order No 36/2019 dated 09 Jul 2019.
b : Thereafter, IHQ of MoD (Army) APS Dte vide their letter No 90045/APS-1E dt 28 Apr 2020 recommended to post the NCO to a Telugu language spoken stn for medical treatment of your son with exemption of med cert due to outbreak of pandemic COVID-
19. On going through available medical documents as recd from Addl Dte Gen of APS it was revealed that, medical treatment of your son was being done at Base Hospital, Delhi Cantt. In order to accommodate you at desired place he had to wait for a period of 10 months. As regard to allegation leveled by lady at Para 5 (m) of her application it is submitted that, to accommodate the indl at choice stn and to facilitate/ continue treatment of his son at Base Hospital, his tenure was extended by one year at Delhi vide this est letter No 1061/CA-1/17/Clks dated 19 May 2020. It is worth mentioning that no representation was recd either from lady or from you for extending the tenure at that point of time. It is added that due to outbreak of pandemic COVID-19 the move of personnel was badly hampered which lead to delay in arising vac at Secunderabad.
c : IHQ of MoD(Army) APS/Dte vide their letter NO 90045/APS-1E dated 15 Feb 2021 (Copy enclosed) fwd pers appl by you a/w original med cert & copy of disability cert and specifically recom to post you to Secunderabad stn. Later, IHQ of MoD (Army) APS Dte vide their letter No 90045/APS-1E dated 08 Mar 2021 again directed to consider the your posting to Secunderabad or Page 7 of 19 Visakhapatnam. Accordingly, your posting was issued to HQ 54 Arty Bde (934 FPO Secunderabad) vide this est Posting Order No 120/2021 dated 11 Mar 2021 on ECG (Med grounds). As per med cert dated 23 Jan 2021 issued by Army Hosp (R&R), med auth has recommended the indl for posting to a stn with availability of service hospital having paediatrician, occupational & speech therapy and AWWA School facility.
d : Later, IHQ of MoD (Army)/ APS Dte vide their letter No 90045/APS-1E dated 17 Mar 2021, 11 May 2021 & 31 May 2021 intimated to amend to Posting order from ECG (Med Ground) to ASHA ground. In response, APS Records vide letter No 1012/11/CA-1 dt 03 May 2021 (Copy enclosed) fwd detailed justification for issuing of posting order on ECG (Medical ground) and also intimated vide APS Records letter No 1012/52/CA-1 dated 21 Jun 2021 that specialized medical treatment is not available at MH Secunderabad as recommended by med auth in med cert produced by you and your posting had been issued as per dirns recd from IHQ of MoD (Army) APS Dte.
e : Thereafter, IHQ of MoD (Army)/ APS Dte vide letter No 90045/APS-1E dated 30 Mar 2021 (Copy enclosed) fwd request recd from you to mutually divert the postings of No 8431945W Hav/Clk Suresh babu Kalluri from Secunderabad to Visakhapatnam and No 8374221X WO B Shashi kanth from Visakhapatnam to Secunderabad. This est vide their letter No 1012/11/CA-1 dt 03 May 2021 intimated that the posting of No 8431945W Hav/Clk Suresh Babu Kalluri was issued on the recommendations of APS Dte. Though, medical facilities as recommended by medical auth were not available at MH Secunderabad/Visakhapatnam. However, if the indls are willing for Intra Comd posting, they may apply for the same from their new unit as per Para 22 of ROI 02/2012. Thereafter, no further request on the subject was recd from both the indils. f : Thereafter numerous correspondences were made by IHQ of MoD (Army)/ APS Dte to amend the posting order of your from ECG (Med ground) to ASHA ground. However, this office vide letter No 1012/52/CA-1 dated 21 Jun 2021 fwd detailed justification to IHQ of MoD (Army) for not changing the posting type. Finally move of the indl was carried out on 01 Jul 2021 and no further correspondence on the sub was recd.
(iv) justification/clarification:
a : It is worth mentioning here that as per the provision of Para 37 Page 8 of 19
(g) of amendment No 1 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) indl is required to mention three choice stn for ECG/ ASHA ground/ LLP through proper channel. However, in the instant case indi mentioned only one choice that too was considered.
b : On review of service record card it was revealed that you had already availed posting at Secunderabad on ECG grounds wef 29 Jun 2012 to 04 Jan 2015. As per Para 24 of ROI 02/2012 "the second ECG request can only be considered after a lapse of 10 years of materialization of first ECG request. c : Notwithstanding above, considering recom of IHQ of MoD (Army) APS Dte & repeated tele con between the then Offg Col APS (Staff) and the then CRO, posting of your was issued to HQ 54 Arty Bde (934 FPO) Secunderabad vide this est Posting Order No 120/2021 dated 11 Mar 2021 on ECG (Med grounds). It is added that as per Para 26 & Para 9 (d) of ROI 02/2012 ECG posting is restricted to two years only. However, one year extension of tenure in ECG posting may be sanctioned on approval from IHQ of MoD (Army), Addl Dte Gen APS.
d : Thereafter, HQ 54 Arty Bde (934 FPO) approached IHQ of MoD (Army), APS Dte to amend posting order type from ECG (Med ground) to ASHA ground. However no directions were recd from IHQ of MoD (Army). Subsequently, HQ 54 Arty Bde (934 FPO) vide their letter No 934/Posting-Corr/FPO dt 27 Apr 2023 (Copy enclosed) approached this est with a copy to IHQ of MoD (Army), APS Dte for amendment of the same. In response this est vide letter No 1012/156/CA-1 dt 15 May 2023 (Copy enclosed) communicated detailed justification to all concerned stating the facts for not amending the posting order type and sought further dirns from IHQ of MoD (Army), APS Dte.
e : Before issuing posting of the indl to HQ 71 Sub Area/ 886 FPO this est vide letter No 1012/156/CA-4 dt 15 May 2023 (Copy enclosed) intimated to HQ 54 Arty Bde that indl is due for posting during the month of Jul 2023 and same will be issued shortly as per his profile. However, his posting may be considered to a stn where the ASHA School facilities available subject to receipt of required docu as per Para 37 (a) to (g) of amendment No 1 of ROI 02/2012 (i.e 04/2012 dated 21 Jun 2012) through proper channel. f : The unit/you was given ample amount of time/opportunities by giving various options like extension upto one year on ECG ground & applying again for posting on ASHA ground but the indl/unit took no action.
g : Since the indl was due for posting and was continuously serving in Page 9 of 19 peace area since 2017 therefore, his posting was issued to HQ 71 Sub Area/ 886 FPO (Fd) considering ASHA School facilities based on service profile of the indl in the org interest h : As per Para 20 of ROI 02/2012, posting once issued, request for cancellation and diversion of posting and change of posting type at this belated stage will adversely effect on move of other pers in the chain of posting and manpower management. It is prudent to mention here that APS Corps is facing defi of 30% of manpower as on date. Moreover, posting of you was issued to fd stn having family accommodation & ASHA school facilities. j : It is crystal clear from the above paragraphs that the indis choice/request were considered every time, whereas you are seeking undue benefits against the policies.
(v) As regard to amdts in previous posting order of you is concerned, the same has been communicated several times to HQ 54 Arty Bde and also intimated that no further correspondence on the subject will be entertained related with the posting of the indl will be issued by due date & as per your profile and also intimated your posting may be considered to fd stn where ASHA School facilities available subject to receipt of docu as per Para 37 (a) to (g) of amendment No 1 of ROI 02/2012 (04/2012 dated 21 Jun 2012) through proper channel.
(vi) It is evident from above facts that PIO of Records office is functioning in accordance with the existing policies, rules & instructions/guidelines issued by IHQ of MoD (Army)/ APS Dte. In the instant case laid down procedures have been followed correctly."
CIC/IARMY/A/2023/656408 Relevant facts emerging from appeal:
RTI application filed on : 26.09.2023 CPIO replied on : 30.10.2023 First appeal filed on : 18.11.2023
First Appellate Authority's order : 07.12.2023 2nd Appeal/Complaint dated : 26.12.2023 Information sought:
The Appellant filed an RTI application dated 26.09.2023 (offline) seeking the following information:Page 10 of 19
"1. Kindly in continuation of my RTI application dated 05 Aug 2023 (copy enclosed) and refer to the following:-
(a) APS Records letter No 1003/8/CA-1 dated 08 Sep 2023 (inappropriate and unjustified reply on my RTI application dated 05 Aug 2023) received by me from APS Records on 15 Sep 2023 (copy enclosed).
(b) APS Records letter No 1003/11/CA-1 dated 06 Sep 2023 (inappropriate and unjustified reply on my RTI application dated 05 Aug 2023) received by me from APS Records on 18 Sep 2023 (copy enclosed).
2. It is submitted that I was enrolled in APS on 19 Apr 2005 and I had completed 18 years of unblemished service in the organisation with utmost sincerity. Presently I am posted at HQ 54 Arty Bde (934 FPO) wef 01 Jul 2021 on medical grounds in connection with my differently abled son.
3. It is also submitted that I had requested APS Records to kindly provide information on points mentioned at Para 2 (a) to (1) of my personal application dated 05 Aug 2023 (copy enclosed) pertaining to my posting case in connection with my differently abled son.
4. Unsuitable replies and unjustified actions were given and taken by APS Records vide their letters No 1012/52/CA-1 dated 21 Jun 2021, 1012/156/CA-1 dated15 May 2023 and 1012/122/CA-1 dated 04 Aug 2023. Actual facts and suitable replies on unsuitable replies and unjustified actions of APS Records have been intimated byHQ 54 Arty Bde (934 FPO) vide their letter No 934/Posting-Corr/FPO dated 26 May 2022 & 23 May 2023 along with supporting documents and HQ 54 Arty Bde letter No 504301/FPO/Gen dated 09 Aug 2023.
5. Also, in appropriate replies were given by APS Records on my RTI application dated 05 Aug 2023 vide their letter 1003/8/CA-1 dated 08 Sep 2023 (received by me from APS Records on 15 Sep 2023) (copy enclosed) and 1003/11/CA-1 dated 06 Sep 2023 (received by me from APS Records on 18 Sep 2023) (copy enclosed) and also suggested me by APS Records that in case I am not satisfied with their reply, I may prefer an appeal to Appellate Authority i.e Army Postal Service Wing, c/o Brigade of The Guards Regimental Centre, PIN 900746, c/o 56 APO within 30 days.
6. I am not satisfied with inappropriate replies which were given by APS Records on my RTI application dated 05 Aug 2023 vide their letter 1003/8/CA-1 dated 08 Sep 2023 (received by me from APS Records on 15 Page 11 of 19 Sep 2023) (copy enclosed) and 1003/11/CA-1 dated 06 Sep 2023 (received by me from APS Records on 18 Sep 2023) (copy enclosed). Hence I requested to kindly provide me information on the following points pertaining to my posting case in connection with my differently abled son:-
(a) Kindly provide authority/policy and reason, my posting to HQ 54 Arty Bde (934 FPO) was issued on ECG (Med Grounds) with two years by APS Records vide their Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 without confirming the availability of Asha School whereas my case was forwarded along with all supporting documents duly recommended by Addl DG APS to APS Records for considering as per provision of Amdt No 1 of Para 37 of ROI 02/2012 (i.e 04/2012 dated 21 Jun 2012) wherein Para 37 (c) of ROI u/r states that initial period/tenure of posting for three yrs for specialized treatment to differently abled children vide Addl Dte Gen APS letter No 90045/APS-1E dated 15 Feb 2021.
(b) Kindly provide authority/policy and reason, an irrelevant reply was given on Addl Dte Gen APS letter No 90045/APS-1E dated 17 Mar 2021 regarding issue of necessary amendments to my previous Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 by APS Records vide their letter No 1012/52/CA-1 which considered wrong factor of availability of med facilities at MH Secunderabad whereas factor of Asha School is reqd to be considered under the provision Amdt No 1 of Para 37 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) and AG's Branch/MP-3, IHQ of MoD (Army) letter No B/10201/Vol-VIII/MP dt 09 Apr 2012.
(c) Kindly provide action taken on my case regarding amendments to my previous Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 which was fwd along with all supporting documents to APS Records under the provision Amdt No 1 of Para 37 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) and AG's Branch/MP-3, IHQ of MoD (Army) letter No B/10201/Vol-VIII/MP dt 09 Apr 2012 by HQ 54 Arty Bde (934 FPO) vide their letter No 934/Posting-Corr/FPO dated 21 Feb 2023.
(d) Kindly provide authority/policy and reason, incorrect emerged facts have been intimated to HQ 54 Arty Bde (934 FPO) by APS Records vide their letter No 1012/1256/CA-1 dated 15 May 2023.
(e) Kindly provide action taken on HQ 54 Arty Bde (934 FPO) letter No 934/Posting-Corr/FPO dated 13 May 2023 regarding amendments to my Page 12 of 19 previous Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021.
(f) Kindly provide action taken on HQ 54 Arty Bde (934 FPO) letter No 934/Posting-Corr/FPO dated 23 May 2023 regarding actual facts on obsn which were raised by APS Records vide their letter No 1012/1256/CA-1 dated 15 May 2023.
(g) Kindly provide action taken on HQ 54 Arty Bde (934 FPO) letter No 934/Posting-Corr/FPO dated 13 Jun 2023 regarding brief of my case for amendments to my previous Posting Order No 120/2021 (1020/120/CA-
1) dated 11 Mar 2021 which was fwd after tele conv between AQMG, HQ 54 Arty Bde and CRO of APS Records on 09 Jun 2023 & 12 Jun 2023.
(h) Kindly provide authority/policy and reason, my posting to HQ 71 Sub Area (886 FPO) was issued as normal by APS Records vide their Posting Order No 68/2023 (1020/68/CA-1) dated 13 Jun 2023 whereas the following facts/points/polices are very closely related to non-implement of present posting:-
(i) My case regarding amendments to my previous Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 for tenure and posting type under the provision of Para 37 (c) in Amendment No 1 at Para 2 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) and Para 2 (c) of AG's Branch/MP-3, IHQ of MoD (Army) letter No B/10201/Vol-VIII/MP dt 09 Apr 2012 is under process at Addl Dte Gen APS as forwarded HQ Southern Command (Postal Br) letter No 710230/3/APS-2 dated 30 Jun 2022.
(ii) I reqd to mention three choice of stations in my personal application as per availability of medical facilities for consideration of my next posting for specialised treatment of my differently abled child as per Para 37 (g) in Amendment No 1 at Para 2 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) and Para 2 (g) of AG's Branch/MP-3, IHQ of MoD (Army) letter No B/10201/Vol-VIII/MP dt 09 Apr 2012 as my previous posting was issued to HQ 54 Arty Bde (934 FPO) on ECG (Medical Grounds) based on disability cert, Part II Order regarding disability, medical certificate for my previous posting which were forwarded to APS Records vide Addl Dte Gen APS letter No 90045/APS-1E dated 15 Feb 2021.
(iii) As per Para 37 (c) in Amendment No 1 at Para 2 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) and Para 2 (c) of AG's Branch/MP-3, IHQ of MoD (Army) letter No B/10201/Vol-VIII/MP dt 09 Apr 2012, initial/tenure Page 13 of 19 of my posting should have for three years extendable by one/two years based on the recommendation of appropriate specialist wherein tenure at HQ 71 Sub Area (886 FPO) for two years as per 9 (b) of ROI 02/2012 vide APS Records Posting Order No 68/2023 (1020/68/CA-1) dated 13 Jun 2023. Moreover, amendments to my previous Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 as per medical documents & recommendations of Addl Dte Gen APS are still pending and the existing tenure of the NCO at should have been of minimum three years as per Amdt No 1 of Para 37 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) and AG's Branch/MP-3, IHQ of MoD (Army) letter No B/10201/Vol-VIII/MP dt 09 Apr 2012.
(iv) Advice was given vide Para 2 (e) of APS Records letter 1012/156/CA-1 dated 15 May 2023 that if the individual is still in need of posting on ASHA Ground Paraplegic/Differently abled children for specialised treatment as per recommendation of medical auth the individual may be apply for ECG posting on ASHA (medical grounds) under the provision of Amdt No 1 of Para 37 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) through proper channel. However, my case for amendment to my previous Posting Order is already in progress.
(v) APS Records asked for necessary directions for consideration of my next posting on subject to receipt of required documents as per Para 37
(a) to (g) of Amdt No 1 of ROI 02/2012 (i.e 04/2012 dt 21 Jun 2012) through proper channel from Addl Dte Gen APS vide APS Records letter 1012/156/CA-1 dated 15 May 2023.
(vi) Suggestion was given vide Para 2 (a) of APS Records letter 1012/156/CA-1 dated 15 May 2023 that as per Para 24 of ROI 02/2012, one year extension of tenure in ECG posting may be sanctioned on approval from Addl Dte Gen APS.
(vii) Presently my son is studying in Primary at Bison Asha School, Bowenpally, Secunderabad under AWWA which is under HQ 54 Arty Bdewef 08 Jul 2021 and undergoing specialised treatment (Physiotherapy, Speech & Occupational therapy) based on referral from MH Secunderabad as it being India's one of the largest institute for disabled child under Govt of India (School studying cert and all concerned medical documents already been submitted to APS Records vide HQ 54 Arty Bde (934 FPO) letter 934/Posting-Corr/FPO dated 21 Feb 2023 & 15 Jun 2023).
Page 14 of 19(viii) Again, my fresh posting to HQ 71 Sub Area (886 FPO) under HQ 16 Corps/HQ Northern Command was issued by APS Records whereas my last field posting at Ex-CIF Delta Postal Unit, under CI Ops (J&K) (Rashtriya Rifles) under HQ 16 Corps/HQ Northern Command from 05 Jan 2015 to 15 May 2017.
(j) Kindly provide action taken on HQ 54 Arty Bde (934 FPO) letter No 934/Posting-Corr/FPO dated 15 Jun 2023 regarding amendments to my previous Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021.
(k) Kindly provide action taken on HQ 54 Arty Bde letter No 504301/FPO/Gen dated 21 Jun 2023 regarding amendments to my previous Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 and cancellation of my fresh Posting Order No 68/2023 (1020/68/CA-1) dated 13 Jun 2023.
(l) Kindly provide action taken on HQ 54 Arty Bde letter No 504301/FPO/Gen dated 20 Jul 2023 regarding amendments to my previous Posting Order No 120/2021 (1020/120/CA-1) dated 11 Mar 2021 and cancellation of my fresh Posting Order No 68/2023 (1020/68/CA-1) dated 13 Jun 2023."
The CPIO furnished a reply to the Appellant on 30.10.2023 stating as under:
"As per RTI Act 2005, an applicant may ask information which is available in material form. Seeking clarification and reasoning/ interpretations/drawing inferences are not covered within the definition of information. As such, PIO is not supposed to create and interpret the information, solve the problems raised by the applicant, furnish replies to hypothetical question or to furnish clarifications to queries under the RTI Act. Your RTI application is grievance in nature and does not qualify under the definition of 'information' under Section 2 (f) of RTI Act 2005. Notwithstanding above Para wise reply to your RTI application is as under:-
Para 2 (a) (i):-Copies mentioned at Para 1 (b) & (c) of HQ 54 Arty Bde letter No 504301/FPO/Gen dated 28 Jul 2023 were not addsd to this est. Para 2 (a) (ii):-In this connection suitable reply has already been given vide this est letter No 1012/58/CA-1 dated 25 Sep 2023.Page 15 of 19
Para 2 (a) (iii): Copy of HQ 54 inf Div No 16546/Comp/SBK/A6 (PC) dated 25 Aug 2023 has not been received by this est till date."
Being dissatisfied, the appellant filed a First Appeal dated 18.11.2023. The FAA vide its order dated 07.12.2023, held as under:
"AND WHEREAS, PIO APS Records had provided the information/details to the applicant on the above subject vide their letter No 1003/20/CA-1 dt 30 Oct 2023.
AND WHEREAS, aggrieved by the info provided by the PIO, APS Records the applicant has preferred an appeal dt 18 Nov 23, recd this Wing on 25 Nov 23 under the provision of section 19 (1) of the said Act, stating that he was not satisfied with the information.
AND NOW THEREFORE, after having perused all the records In connection with your RTI application dated 26 Sep 23 and appeal dated 18 Nov 23, additional relevant reply is as under:-
(i) The copies of following coorespondence made by you to APS RO on the above subject are fwd herewith as desired.
(a) HQ 54 Arty Bde letter No 504301/FPO/Gen dated 28 Jul 2023 along with it's encl.
(b) HQ 54 Arty Bde letter No 504301/FPO/ Gen dated 09 Aug 2023.
(c) APS RO letter No 1012/58/CA-1 dated 25 Sep 2023.
(d) APS RO letter No 1003/20/CA-1/ dated 30 Oct 2023.
(ii) Further, inputs/comments on the subject points/matter are submitted as under :-
a : As per RTI Act 2005, you are asking information which is available in material form. Seeking clarification and reasoning / interpretations /drawing inferences are not covered within the definition of information. As such, PIO is not supposed to create and interpret the information, solve the problems raised by you, furnish replies to hypothetical question or to furnish clarification to queries under the RTI Act. Your RTI application was grievance in nature and do not qualify under the definition of 'information' under Section 2 (f) RTI Act 2005. b : As regards to para 2 (a) (iii) of application suitable reply has already been given by APS RO vide letter No 1012/58/CA-1 dated 25 Sep 2023. (copies encl) c : Copy of HQ 54 Inf Div letter No 16546/Comp/SBK/A6 (PC) dt 25 Aug 2023 has not been received to APS RO till date.
.................."
Page 16 of 19Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeals.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Shri Tejpal Singh Negi, CPIO, APS Records present through video- conference.
Written submissions of both the parties are taken on record.
The Appellant vide letters dated 27.01.2025 and 28.01.2025 wished to withdraw the instant Appeals by stating inter alia as under:
"...2. It is submitted that:-
(a) I was enrolled in the Army Postal Service Corps on 19 April 2005 and completed 19 years 09 months unblemished service in the organisation with utmost sincerity. I am so glad that I got an opportunity to serve my country through Army Postal Services Corps and it is also helped me to solve my financial problems.
(b) I was blessed with a baby boy with a genetic problem (Down syndrome) and Clubfoot on 09 October 2015 (now named Master Mohit Sai Kalluri). After birth, he was admitted for treatment of severe Jaundice in a civil hospital for 15 days.
After a few months, he underwent surgery for clubfoot at a civil hospital and had to wear a POP bandage for several month at a young age.
(c) My father died on 12 June 2010 due to a sudden heart attack. After the death of my father, I had to bear full family responsibilities on my shoulders; I am the only son as per my service records.
(d) Presently, my disabled child is studying special education in a special school in Secunderabad in Telugu language (my mother tongue). My child needs to undergo further specialised education/treatment in a special school in Secunderabad Telugu language (my mother tongue). If, my move is carried out from the present duty station to another station, it will affect the IQ levels/ health condition of my disabled child because he may get confused with languages during the specialised treatment.
(e) Now, my disabled child is 09 years and 03 months old and is facing the following difficulties: -
Page 17 of 19(1) He can't move like a child of the same age group.
(ii) He can't speak and eat on his own.
(iii) He can't express that he has to urinate.
(iv) He scratches and hits both legs in sleep if he misses his regular physiotherapy at home.
(v) He can't do anything without parental help as he is a very dependent child due to his 100% disability.
(f) Due to the health condition of my disabled child and my domestic problems, I applied for premature retirement (voluntarily retirement) from Army Postal Service Corps. Discharge Order No 13/2024 (1333/92/CA-3) dated 20 August 2024 has been issued by APS Records for my premature retirement (voluntarily retirement) on 31 March 2025. I am required to report at Depot Coy, APS Wing on 11 March 2025 for premature retirement (voluntarily retirement) drill/ documentation.
(g) Presently, my mother's and my younger son's health conditions are not good, so I am on leave in my hometown until 08 February 2025 for medical treatment for them.
3. In view of the above, the following are submitted/ requested:-
(a) I wish to withdraw my appeal/ complaint regarding my RTI application dated 26 September 2023 which has been listed for hearing before you on 04 February 2025 at 12:05 PM.
(b) I declare that I will not request any further action/ information on my appeal/complaint regarding my RTI application dated 26 September 2023 which has been listed for hearing before you on 04 February 2025 at 12:05 PM...." Decision:
The Commission accepts the prayer of the Appellant and dismissed the instant Appeals as withdrawn.
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 Page 18 of 19 Copy To:
The FAA, APS Records, PIN - 900746, C/o 56 APO Page 19 of 19 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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