Central Information Commission
Rameshwar Singh vs Indian Air Force on 9 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/IAIRF/A/2023/122479 and CIC/IAIRF/A/2023/121445.
Rameshwar Singh .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Air Force Station, Pathankot,
Punjab - 145001. ....प्रनर्वािीगण /Respondent
Date of Hearing : 06.08.2024
Date of Decision : 08.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned Appeals have been clubbed together for disposal
through common order as these are based on similar RTI applications of the
same Appellant.
Relevant facts emerging from appeals:
RTI applications filed on : 21.02.2023, 09.02.2023.
CPIO replied on : Not on record
First appeal filed on : 25.03.2023, 09.03.2023.
First Appellate Authority order's : Not on record
2nd Appeals/Complaint dated : 19.05.2023, 12.02.2023.
Page 1 of 18
CIC/IAIRF/A/2023/122479
Information sought:
The Appellant filed an RTI application dated 21.02.2023 seeking the following information:
"1. Please provide Certified Copy of the provisions of RTI Act 2005 which specifies the occasions of returning of the RTI Application unactioned to the information seeker.
2. Please provide Certified Copy of the provisions of RTI Act 2005 which specifies the occasions of referring of the RTI Application to the other PIO under which the information is readily available.
3. Please provide Certified Copy of all the provisions under RTI Act 2005 pertaining to supply of the information seeker where information is held with two or more than two APIOS / PIOs along with a timeline to be followed by the information provider in such circumstances.
4. Please provide Certified Copy of the provisions along with all modes of payment under RTI Act 2005 which specifies the provisions of payment of fee of Rs 10/- along with the address of payment of the amount for seeking information as well as payment of additional fee if required to be paid by the RTI applicant. for of the RTI Application to the information seeker.
5. Please provide Certified Copy of all the provisions of AF Act 1950 along with copy of all relevant Policies, guidelines for time bound actions initiated on receipt of the Statutory Complaints, procedure to be followed after receipt of the Complaint pertaining to Statutory Complaint by the aggrieved Airmen and aggrieved Officer.
6. Please provide Certified Copy of all the Sections of AF Act 1950 which provides remedies to an aggrieved Airmen to file Statutory Complaint against his superiors.
7. Please provide Certified Copy of all the Sections of AF Act 1950 which provides remedies to an aggrieved Officer to file Statutory Complaint against his superiors.
8. Please provide Certified Copy of all the Sections of AF Act 1950 which provide remedies to an aggrieved Airmen to file Statutory Complaint against his Superiors as well as Subordinates in a case of single cause of Page 2 of 18 action having taken place in a single transaction of conversation of the Grievances.
9. Please provide Certified Copy of all the provisions and procedures of AF Regulations 1964 along with copy of Policies, guidelines for time bound actions to be initiated by the competent authority pertaining to Statutory Complaint lodged by an aggrieved Airmen and by an aggrieved Officer,
10. Please, provide Certified Copy of the following information pertaining to me and my Applications:
(a) Date of receipt of the Statutory Complaint dated 21.01.23 against Group Captain L Bhogen Singh (26435-A) AE (L) Chief Engineering Officer Air Force Station Pathankot.
(b) Date of Action initiated on the Application dated 21.01.23, as per para 621 of Air Force Regulation 1964.
(c) Certified Copy of the Remarks at each intermediate channel.
(d) Certified Copy of the Remarks by Air Officer Commanding.
(e) Certified Copy of the date of dispatch of the Application to HQ WAC.
(f) Present stage and present Status of the Application,
11. Please, provide Certified Copy of my General Application and Personal Application both dated 20 Feb 23 for grant of Extension of 4 days Annual Leave & also Redressal of various Grievances against the under mentioned Air Warriors arises while identifying, finding, conveying and receiving confirmation of grant of 04 days Extension of Annual Leave along with the following information's pertaining to me and my Applications
(a) Date of receipt of my General Application and Personal Application both dated 20 Feb 23 for grant of Extension of 4 days Annual Leave & also Redressal of various grievances against the under mentioned Air Warriors arises while identifying, finding, conveying and receiving confirmation of grant of 04 days Extension of Annual Leave.
(b) Date of Action initiated on the Applications dated 20.02.23, as per the Provisions of para 621 of Air Force Regulation 1964.
(c) Certified Copy of the Remarks at each intermediate channel on the Applications
(d) Certified Copy of the Remarks by the Air Officer Commanding on both the Applications.
(e) Certified Copy of the date of dispatch of the Personal Application to HQ WAC.Page 3 of 18
(f) Present stage and present Status of both the Applications.
(g) Extension of leave granted or not granted? If granted then on which date and by whom granted?
(h) Have information regarding granting or not granting Extension of leave conveyed to the Air Warrior? If yes, then please provide details of the correspondence initiated on the matter.
(j) Please provide a Certified Copy of the procedure of granting extension of leave in the Organization along with the replies thereupon after grant of extension of leave.
(k) Please provide Certified Copy of the provisions, rules, regulations, policy pertaining to granting extension of leave in the Organization. (L) On what date, message for telegram become obsolete in India received in the organization and in the Station? What is the substitute for telegram in the Organization?
(m) After telegrams become obsolete in India, how is the information for extension of leave received from the air warriors? How are the responses confirmed and conveyed to the air warriors?
(n) What are the provisions and procedures to be followed in case replies to the Extension of leave not received by the air warriors? Provide Certified Copy of the provisions and procedures in the Organization.
(o) Please provide full particulars along with mobile number and email ID of ΑΡΙΟ, ΡΙΟ, CPIO & FAA pertaining to Air Force Station Pathankot, on which information seeker can contact and convey certain information on email ID for timely receipt of information under RTI Act 2005."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 25.03.2023. The FAA's order is not on record.
CIC/IAIRF/A/2023/121445 Information sought:
The Appellant filed an RTI application dated 09.02.2023 seeking the following information:
"1. Please provide Certified Copies of the following Letters, Personal Applications, General Applications, information and other documents with their Copy of disposal, decision and Present Status:
(a) Certified Copy of the letter dated 14 Sep 20 issued by the then Senior Armament Officer to the Station Adjutant AFS Pathankot regarding forwarding of IAFF (P)-13, Charge Sheet of Charges dated 8 & 9 Sep 20 raised by 765941-H Junior Warrant Officer Rameshwar Singh of AFS Page 4 of 18 Pathankot against 933916-L Corporal Govind Krishna Upadhyay Weapon Fitter (R) of AFS, Pathankot, along with its Copy of disposal, action on the letter, decision and Present Status of the letter.
(b) Certified Copy of the letter dated 01 Oct 20 issued by the then Senior Armament Officer to the Station Adjutant AFS Pathankot regarding forwarding of IAFF (P)-13, Charge Sheet, consisting of 6 Charges dated 8 & 9 Sep 20 against 933916-L Corporal Govind Krishna Upadhyay Weapon Fitter (R) of AFS, Pathankot, along with its Copy of disposal, Remarks on the Application, decision and Present Status of the Application.
(c) Certified Copy of the Charge trial process dated 17 Aug 2021 in respect of 933916-L Corporal Govind Krishna Upadhyay Weapon Fitter (R) of AFS, Pathankot, along with the list of Witnesses present on the day of Charge trial, Copy of disposal, decision on 17 Aug 2021 and Present Status of the Charge trial.
(d) Certified Copies of the Complete proceeding of Summary of Evidence from day of it's Order by Competent Authority during the Charge trail to the date of reply to the RTI Application in respect of 933916-L Corporal Govind Krishna Upadhyay Weapon Fitter (R) of AFS, Pathankot, along with the statement of the Witnesses, Complete details of Correspondences initiated and responses received thereafter in sequence to / by all concerned agencies, along with its Copy of disposal, details of independent Officer present on the day of Charge trail, Presiding Officer of SoE, all action on the Summary of Evidence, decision and Present Status of the Summary of Evidence..
(e) Certified Copy of my General Application & Personal Application dated 30 Dec 2020 along with its Copy of disposal, Remarks on the Applications, decision and Present Status of the Applications, pertaining to Statutory Complaint submitted by me on 30 Dec 20 against Squadron Leader SS Sidhu (33333-K) AE (M) & 77818-G Junior Warrant Officer Pankaj Sharma Weapon Fitter Under Section 26 of AF ACT 1950.
(f) Certified Copy of my General Application & Personal Application dated 22 Jan 21 along with its Copy of disposal, Remarks on the Applications, decision and Present Status of the Applications, pertaining to Reply/Comments on Special Counseling Conducted by the Chief Engineering Officer on 19 Jan 21 submitted by me on 30 Dec 20 Statutory Complaint against Squadron Leader SS Sidhu (33333-K) ΑΕ (Μ) & 77818- Page 5 of 18
G Junior Warrant Officer Pankaj Sharma Weapon Fitt Under Section 26 of AF ACT 1950.
(g) Certified Copy of my Special Counseling Conducted by the Chief Engineering Officer on 19 Jan 21, my signature were obtained on 22 Jan 21 pertaining to Statutory Complaint against Squadron Leader SS Sidhu (33333-K) ΑΕ (Μ) & 77818-G Junior Warrant Officer Pankaj Sharma Weapon Fitter Under Section 26 of AF ACT 1950.
(h) Certified Copy of my General Application dated 23 Feb 21 along with its Copy of disposal, Remarks on the Application, decision and Present Status of the Application, pertaining to "STATUS/ LOCATION/ PROGRESS/ COPY OF THE FOLLOWING PERSONAL APPLICATIONS/DOCUMENTS".
(j) Certified Copy of the Letter dated 12 Mar 21 along with its complete action initiated and a follow-up action thereafter on the matter, issued by the Station Adjutant, Addressed to Senior Armament Officer, pertaining to "NON-SUBMISSION OF APPRAISAL REPORTS FOR THE PERIOD FROM 01 DEC 19 TO 30 NOV 20: AIRMAN 765941-H JWO RAMESHWAR SINGH WEAPON FITTER" also provide the date of send of the report to AFRO and receive of the Appraisal Report at the AFRO.
(k) Certified Copy of my General Application dated 16 June 21 along with its Copy of disposal, Remarks on the Applications, decision and Present Status of the Applications, pertaining to seeking 8 days of my Planned leave.
(L) What is the provision and authority to restrict going out from the Camp pertaining to Living Out Warrant Ranks?
(m) Provide Certified Copy of my Book out Slip on 24 Jun 21 for book out from main gate for purchase of garments on 26 Jun 21 at 0900 hrs, duly signed by the Section Commander and Not Approved by the Chief Engineering Officer. The copy is kept in the Correspondence file of Station Armoury of Air Force Station Pathankot.
(n) Certified Copy of Record of my Special Counseling conducted on 26 Jun
21.
(o) Certified Copy of my General Application dated 12 Jul 21 along with its Copy of disposal, Remarks on the Applications, decision and Present Status of the Applications, pertaining to Issue of copy of Special Counseling conducted by the CEO in presence of Wing Commander Arun Page 6 of 18 Manohar AE (M) and Squadron Leader Abhishek Thakur AE (M) on 26 Jun 21 while hearing on grant of 08 days leave Application dated 16 Jun 21.
(p) Certified Copy of my Interview with AOC dated 17 Aug 21.
(q) Certified Copy of all my Quarterly Performance Counseling conducted from the period from Apr 2020 to Dec 2022 in each Quarter along with detailed particulars of the IO & RO in the QPCs.
(r) Certified Copy of all the personnel of Weapon Storage Area of Air Force Station Pathankot, Quarterly Performance Counseling conducted by me as an IO for the period from Jul 2021 to Jun 2022 in each Quarter, along with the particulars of the IO, RO, SRO & NSRO in respect the Appraisees whose QPC has been conducted by me for the period from Jul 2021 to Jun 2022,
(s) Certified Copy of my Personal/ General Application dated 09 Jul 21 along with its Copy of disposal, Remarks on the Applications, decision and Present Status of the Applications, pertaining to the Representation against the Decision of the CEO dated 16 Jun 21 for non Approval of the Application for grant of leave.
(t) Certified Copy of the Application Apr 22 along with its disposal and decision copy pertaining to submission of charges Charge Sheet 77818-G Junior Warrant along with its disposal and decision copy Pankaj Sharma Weapon Fitter.
(u) Certified Copy of the Letter dated 27 Apr 22 along with its complete action initiated as a follow-up action on the matter, issued by the Station Adjutant, Addressed to HQ TC, IAF, (DY CJA), pertaining to "ISSUANCE OF CERTIFICATE OF EXPERIENCE TO AIR WARRIOR WORKED IN LEGAL:
765941-H JWO RAMESHWAR SINGH WEAPON FITTER" also provide the status of the letter.
(v) Provide Certified Copy of all the provisions, authority, format and eligibility criteria pertaining to "ISSUANCE OF CERTIFICATE OF EXPERIENCE TO Ala WARRIOR WORKED/WORKING IN LEGAL CELL". (w) Provide Certified Copy along with full details & disposal of the AFRO Query ID: 16092309122429 dated 23 Sep 2016.
(x) Provide Certified Copy along with full details & disposal of the AFRO Query ID: 16092911531747 dated 29 Sep 2016.
(y) Provide Certified Copy along with full details & disposal of the AFRO Query ID: 1576221249887611 dated 13 Dec 2019.Page 7 of 18
(z) Provide Certified Copy along with full details & disposal of the AFRO Query ID: 1600137562871971 dated 15 Sep 2020, pertaining to me. (aa) Provide Certified Copy along with full details & disposal of the AFRO Query ID: 1603774843616497 dated 27 Oct 2020, pertaining to me. (ab) Provide Certified Copy along with full details & disposal of the AFRO Query ID: 1604283802161707 dated 02 Nov 2020, pertaining to me. (ac) Provide Certified Copy along with full details & disposal of the AFRO Query ID: 1605232822354845 dated 13 Nov 2020, pertaining to me. (ad) Provide Certified Copy along with full details & disposal of the AFRO Query ID: 16052013234865 dated 20 May 2020, pertaining to me. (ae) Provide Certified Copy along with full details & disposal of the AFRO Query ID: 1608713301656701 dated 23 Dec 2020, pertaining to me. (af) Certified Copy of the Application on 20 Jun 22 along with its Copy of disposal, Remarks on the Applications, decision and Present Status of the Applications, pertaining to submission of charges against 77818-G Junior Warrant Officer Pankaj Sharma Weapon Fitter.
(ag) Certified Copy of the letter 18W/812/8/Eng dated 30 May 22 along with its receive dispatch details and complete mail perused record of the mail received by, put up by, perusal by Senior Armament Officer & WO IC Armoury, issued by the Chief Engineering Officer addressed to me directly to furnish Report on Maintenance of Range. (ah) Certified Copy of the Letter dated 31 May 22 issued by the CEO, Addressed to Senior Armament Officer, Certified Copy of my along with its complete action initiated and a follow-up action thereafter on the matter, pertaining to me and other details of the letter are available in the Station Armoury.
(aj) Certified Copy of the Letter 18W/4074/1/P3 dated 07 Jun 22 issued by the Station Adjutant pertaining to Routing me back to Report to the CEO to perform duties along with its complete action initiated and a follow-up action thereafter on the matter, pertaining to me. (ak) Certified Copy of the Application on 18 Jul 22 pertaining to deprive of my obligation as an Invigilating Officer for Assessing all SNCO's and Corporal & below of WSA for the period from 01 Sep 21 to 31 Aug 22 & 01 Jun 21 to 31 May 22 Respectively, (al) Certified Copy of the Application dated 31 Aug 22 for Issue of Certified Copy of my Personal Application dated 31 Aug 22 along with copy of decision pertaining to submission of charges against 776818-G JWO Page 8 of 18 Pankan Sharma & deprive of my obligation as an Invigilating Officer for Assessing all the SNCO's and Corporal and below dated 20 Jun 22 & 18 Jul 22 respectively (am) Certified Copy of the letter 18W/S.809/3/Eng" DISPOSAL OF GENERAL APPLICATIONS DATED 20 JUN 22 AND 18 JUL 22 RESPECTIVELY dated 05 Sep 22 issued by the CEO, complete action initiated and a followup action thereafter on the matter, pertaining to me.
(an) Certified Copy of the Application dated 21 Sep 22 pertaining to grant me 12 days Annual leave.
(ao) Certified Copy of the Application on 24 Sep 22 pertaining to representation against the decision dated 22 Sep 22 taken by the CEO on my Application dated 21 Sep 22 regarding grant of 12 days Annual. 2 Pl provide Certified Copy of all the provisions and authority under which Quarterly Performance Counseling is conducted for all personnel in IAF?
3. Pl provide Certified Copy of all the provisions and authority under which Special Counseling is conducted for all the personnel in IAF and what is the periodicity, purpose and Occasions?
4. PI provide Certified Copy of the Record of my unscheduled interview with Air Officer Commanding dated 17 Sep 21.
5. What is the term Critical trade in IAF? What is the provision and policy about commencement of critical trades with their restrictions of separability of personnel to work in legal Cells duties and Information Technology related duties? List all the critical trades in IAF with their period of criticality.
6. Is Weapon Fitter trade a critical trade? If yes then Provide period of Weapon Fitter trade as a critical trade?
7. Certified Copy of Air Force Order 12 of 2015, alongwith guidelines before raising of Annual Confidential Report and Annual Report of all categories of personnel in the Indian Air Force.
8. Charter of duties and responsibility of 10 according to Air Force Order 12/2015. Whose responsibility is to conduct Quarterly Performance Counseling, of the Appraisees.
9. What are primary duties & Secondary duties in the IAF trade wise and deployment wise for Warrant Rank as required to be mentioned while filling AR by the Warrant Rank?
Page 9 of 1810. What are all my charter of duties during deployment in various workplaces in Air Force Station Pathankot for the period from 11 Mar 2019 to 27 Sep 22?
11. Please provide details of all the IO, RO, SRO & NSRO pertaining to me as mentioned in my Annual Report or Annual Confidential Report for the period from year 2001 to year 2021, along with all dates of Quarterly Performance Counseling in each Quarter of each year since commencement of the Quarterly Performance Counseling conducted by my IO & RO as mentioned in the provisions, along with the details of the Copy of Air Force Order under which this provisions of Quarterly Performance Counseling commenced.
12. What is the correct address to be mentioned on the postal order for seeking Information from APIO AFS Pathankot under RTI Act 2005.
13. Provide certified copy of the Record or information from where the information seeker will come to know about the correct address of the APIO AFS Pathankot for payment of the requisite fee under RTI Act 2005?
14. Is the correct address for payment of the fee to be paid by the information seeker mentioned anywhere in the Station for information of the citizens in public places as per the provisions of RTI Act 2005? If yes then where is it mentioned and also provide certified copy of the place where it is displayed for information of the citizens in public places? If not, then whether there is any provision in the RTI Act 2005 for allocation of place for information of all citizens in public places.
15. Provide a certified copy of the provisions of RTI Act 2005 about all modes of payment of the requisite fee and their time line of correspondence?
16. Is there any provision for not levied charges of information saught, if information not provided to the citizens within a 30 days time period? If yes, then what is the provisions of the Act also provide Certified Copy of the Provision in RTI Act 2005.
17. Is the correct address for payment of the fee to be paid by the information seeker mentioned anywhere in the online system for information of the citizen in public open web sites. If yes then where is it mentioned and also provide certified copy of the web site address where it is available for information of the citizens? If not, then whether there is any provision in the RTI Act 2005 for allocation of place for information of all citizens in public.
Page 10 of 1818. Provide a certified copy of the provisions of RTI Act 2005 about payment of the fee towards seeking information under RTI Act 2005? As per RTI Act 2005 what is the provision of returning of the RTI Application due to wrong address mentioned on the postal order?
19. Who certifies the correctness of address mentioned on the IPO?
20. Correctness of the payment address is certified by the APIO or by Accounts Officer or by some other agency? Provide Certified copy of the provision available in the AFS Pathankot who certify correctness of the address for payment of fee under RTI Act 2005.
21. Provide Certified Copy of the letter 18W/760/6/APIO dated 22 Sep 22 addressed to Mrs. Malti Devi W/O Rameshwar Singh issued by the APIO AFS Pathankot of subject matter "APPLICATION FOR INFORMATION UNDER THE RTI ACT, 2005" along with a copy of IPO & RTI Application dated 09 Sep 22."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 09.03.2023. The FAA's order is not on record.
Feeling 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: Mr. Manoj Kumar Sharma PIO along with Mr. Manoj Kumar Verma, UDC present in person.
Written submissions dated 06.08.2024 filed by the Respondent are taken on record, contents of the same (case-wise) are reproduced below for ready reference:
CIC/IAIRF/A/2023/122479
2. The Respondent respectfully submit the following in respect of the said appeal, filed by the appellant, for kind consideration and decision on the subject: -Page 11 of 18
(a) That the appellant has filed the instant Second appeal against the disposal given by the CPIO, HQ WAC to his RTI application dated 21 Feb 2023. First Appeal dated 25 Mar 23, as referred, was not received at this HQ.
(b) That Shri Rameshwar Singh (hereinafter referred to as 'the appellant') had preferred RTI application dated 21 Feb 23 was received at this HQ on 26 Mar 23 Photocopy of the same is annexed as Annexure 'I'.
(c) That, the information sought by the appellant through his above mentioned RTI application dated was provided to him vide letter No. WAC/2906/13/6/108/23/CPIO dated 27 Mar 23 Photocopy of the same is also annexed as Annexure 'II'.
3. It is submitted that, the instant 2nd appeal has been preferred without any genuine grounds. The information as available with the concerned public authority was intimated to him in response to his RTI application within the stipulated time. His First Appeal, as referred , was not received, as brought out above.
4. Further, the following is also submitted for consideration of Hon'ble CIC:
(a) The appellate has filed multiple RTIs on similar or connected matters in last two years. It is submitted that the appellate has filed 10 RTI Applications & 06 First Appeals in the similar/connected matters before CPIO of WAC. As per the information obtained, he has also filed 25 RTI Applications, 07 First Appeals on such connected matters to CPIO Air HQ (VB)/other Commands in last two years.
(b) A Second appeal was also filed by the applicant through his wife namely Smt Malti Devi (File No CIC/IAIRF/A/2023/103875) The same was disposed of by the Hon'ble Information Commissioner on 28 Feb 24 with the following decision: -
"At the very outset, the Commission observes that the Appellant has sought information on 47 points in the instant RTI application and the same is extremely cumbersome and does not even conform to the word limit of 500 as prescribed in Rule 3 of RTI Rules, 2012 and it would be unjust for the public authorities to provide information of such magnitude. Despite the fact, the Commission observes that a point-wise reply has been furnished by the Respondents and the Commission uphold the same. No intervention of the Commission is required in the instant matter."Page 12 of 18
5. The appellate has asked multiple queries on nearly 11 paragraphs (excluding sub-paragraphs) containing multiple questions/queries in the RTI application under reference. Such an application is bound to be extremely cumbersome. Further, the applicant has also requested for the copies of various Acts/ Regulations, which are available in open domain. Further, these Acts are available in market as priced publications. Notwithstanding the same, the CPIO has furnished para-wise reply to the RTI application of the appellant. The information already available on the records was supplied to the appellant. Further, it is humbly submitted that the Act does not cast an obligation upon the public authority, to collect or collate such non-available information and then furnish it to an applicant as held in ICAI vs. Shaunak H Satya and Ors, CA NO 7571/2011 by the Hon'ble Supreme Court on 02 Sep 2011.
6. Prayer: In view of the above facts, it is humbly prayed that the Hon'ble Commissioner may be pleased to dismiss the instant appeal being devoid of merit and lacks in substance."
Contents of Reply dated 22.03.2023-
"...2. Your said application has been examined and on the basis of the information available with the concerned public authority, Para wise reply is as given below:-
(a) Reply to Para 1 to 4: It is intimated that provision of RTI Act 2005 is available in public domain.
(b) Reply to Para 5 to 8: It is intimated that provision of AF Act 1950 is available in public domain.
(c) Reply to Para 9-It is intimated that provision of AF Regulations 1964 is available in public domain.
(e) Reply to Para 10 (a): It is intimated that, application received by your Section Commander (OIC MCC) on 31 Jan 23.
(f) Reply to Para 10 (b) to (f): It is intimated that, it is intimated information sought vide para 10 (b to f), your application dated 31 Jan 23 was duly disposed off vide Speaking Order dated 13 Feb 23 by AOC of the concerned public authority i.e.- Air Force Station Pathankot copy annexed as annexure 'A'
(g) Reply to Para 11 (a): It is intimated that, application received by your section commander (OIC MCC) on 27 Feb 23.
(h) Reply to Para 11 (b): It is intimated that, date of action initiated on 28 Feb 23 Page 13 of 18 Reply to Para 11 (c to a): It is intimated that, information sought by you vide Para (c to g) are exempted from disclosure under Section 8 (1) (h) of the RTI Act, 2005, as the same is under disposal by competent Authority which is yet to be finalized. Therefore, undersigned is constrained from disclosing any information in this regard.
(k) Reply to Para 11 (h): It is intimated that, massage conveyed to you via text message by Stn Adjt on 22 Feb 23.
(l) Reply to Para 11 (i) It is intimated that, personnel to communicate their section IC/Section Cdr through available means like Telephone/Mobile etc.
(m) Reply to Para 11 (k): It is intimated that, leave provision are available in open domain.
(n) Reply to Para 11 (I to n): It is intimated that, the queries sought by you vide para 11 (I to n)of the said application do not fall within the meaning of the word 'information' as defined in Section 2 (f) of RTI Act. 2005. CPIO is only required to furnish the information / documents as available on record, however, seeking clarification/ interpretation of rules, eliciting answers to queries and redressal of grievances are outside the purview of the Act. Hence, no information can be provided in this regard.
(o) Reply to Para 11 (0) It is intimated that, present APIO of 18 Wing AF is Wg Cdr Pushpa Thakur Edn of 18 Wing AF."
CIC/IAIRF/A/2023/121445
2. The Respondent respectfully submit the following in respect of the said appeal, filed by the appellant, for kind consideration and decision on the subject: -
(a) That the appellant has filed the instant 2nd appeal against the disposal given by the CPIO, HQ WAC to his RTI application dated 09 Feb 2023. Parts (Para 1 to 11) of which are same and identical to his earlier RTI Application dated 24 Jan 2023. First Appeal dated 09 Mar 2023 was not received at this HQ.
(b) That Shri Rameshwar Singh (hereinafter referred to as 'the appellant') had preferred RTI application dated 09 Feb 2023, which was received at this HQ on 14 Mar 23 (Copy attached as Annexure 'I').Page 14 of 18
(c) That, the information sought by the appellant through his above mentioned RTI application dated 09 Feb 2023 was provided to him vide letter No. WAC/2906/13/6/42/23/CPIO dated 20 Mar 23. Parts (Para 1 to
11) of which are same and identical to his earlier RTI Application dated 24 Jan 2023. Para-(u) of the earlier application dated 24 Jan 23 was transferred to CPIO, HQ TC AF vide WAC/2906/13/6/42/23/CPIO dated 11 Apr 23 and Para-(v) to (ae) of the said earlier application was transferred to CPIO, Air HQ (VB) vide WAC/2906/13/6/42/23/CPIO dated 11 Apr 23 (Photocopies of the letters are attached as Annexure 'II', 'III' & 'IV' respectively). Further, the CPIO, Air HQ (VB) has informed that the information with respect to the referred paragraphs was provided to the appellant vide their letter No Air HQ/25005/28136/PS(RTI) dated 03 Jul 23 and 26 Jul 23. Photocopies of the covering letters are attached as Annexure 'V & 'VI' respectively.
(d) That, the first appeal dated 09 Mar 2023 against the RTI Application dated 09 Feb 2023 was not received at this HQ.
3. In view of disposal given by CPIO and non-receipt of any first appeal, it is submitted that, the instant second appeal has been preferred without any ground. The disposal given by the CPIO may be upheld. Contentions made by the appellant in the instant Second Appeal are baseless and deserves to be dismissed."
Contents of Reply dated 20.03.2023-
"...2 Your said application has been examined and on the basis of the information available with the concerned public authority, Para wise reply is as given below:-
Reply to Para 1 (a to k, m to p, s, t, af, ah, al to ao) of RTI application:- Intimated that, the information sought vide these paras of your RTI application held by the Public Authority in 'fiduciary capacity' and that the undersigned is of opinion that no larger public interest would be served by disclosure of such Formation. Therefore, the information sought by you is exempted from disclosure terms of Section 8 (1) (e) of the RTI Act, 2005.
Reply to Para 1 (l, r, ag, aj, ak), 2 to 11 of RTI application: The information sought vide these paras, disclosure of which would prejudicially affect security of nation if collated with the other available information and also its closure Page 15 of 18 does not serve any public activity or interest. Hence, the information ought vide these paras are exempted from disclosure in terms of section 8 (1) (a) of the RTI Act 2005.
Reply to Para 12. 13, 15, 16, 18, 19 & 20 of RTI application:- it is informed et the queries sought by you vide these paras do not fall within the meaning of word information' as defined in Section 2 (f) of RTI Act, 2005. CPIO is only red to furnish the information/documents as available on record, however, clarification/ Interpretation of rules, eliciting answers to queries and redressal of grievances are outside the purview of the Act. Hence, no information den be provided in this regard.
Reply to Para 14 & 17 of RTI application:- As per RTI Act, 2005, A citizen desires to seek some information from a public authority is required to sending with the application, a demand draft or a bankers cheque or Indian Postal er of Rs. 10/- payable to the Accts officer of the Public authority. Payment can made to Air Force Public Fund Account to concerned public authority
(e) Reply to Para 21 of RTI application:- Application dated 22 Sep 22 returned to Smt Malti Devi through Regd post No.RE968494999IN"
Respondent while inviting attention of the Commission towards the contents of his written submissions explained that point-wise replies have been provided to the Appellant in each case. He further submitted that the Appellant has been honourably discharged on superannuation on 31.03.2023.
Decision:
The Commission, at the outset observes from a perusal of the facts on record that the information sought in instant RTI Applications are extremely voluminous, requires compilation, indeterminate in nature and it does not even conform to the word limit of 500 words, as prescribed in Rule 3 of RTI Rules, 2012.
Even if, the Commission was to empathetically consider the concerns raised by the Appellant through the Second Appeals, he is reminded of the fact that his right to information is far from being absolute and unconditional. That, it is Page 16 of 18 rather unfortunate that even the best of intentions has to not only stand the test of procedural requirements and fetters laid down in the RTI Act but also stand the test of practicality, a notion well recognised by the superior Courts in a catena of judgments such as the Hon'ble Supreme Court's observation in the matter of Central Board of Secondary Education (CBSE) & Anr. v. Aditya Bandhopadhyay and others [(2011) 8 SCC 497] stating that:
"37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause (b) of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption. But in regard to other information,(that is information other than those enumerated in section 4(1)(b) and (c) of the Act), equal importance and emphasis are given to other public interests (like confidentiality of sensitive information, fidelity and fiduciary relationships, efficient operation of governments, etc.). Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non- productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritising 'information furnishing', at the cost of their normal and regular duties."Page 17 of 18
Further, in light of the submissions made by the Respondent the Commission would like to invite attention of the Appellant towards a similar case decided by this bench which was filed by the Appellant's wife Smt. Malti Devi (File No CIC/IAIRF/A/2023/103875), disposed on 28.02.2024 with the following decision: -
"At the very outset, the Commission observes that the Appellant has sought information on 47 points in the instant RTI application and the same is extremely cumbersome and does not even conform to the word limit of 500 as prescribed in Rule 3 of RTI Rules, 2012 and it would be unjust for the public authorities to provide information of such magnitude. Despite the fact, the Commission observes that a point-wise reply has been furnished by the Respondents and the Commission uphold the same. No intervention of the Commission is required in the instant matter."
In view of the applicability of the ratio of above decision to instant cases, the Commission finds no scope of intervention in these cases and upholds the submissions of the Respondent.
The appeals are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Air Force Station, Pathankot, Punjab - 145001.Page 18 of 18
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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