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(III) Taking certified samples of materials.

(iv) Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;

CIC/MESER/C/2023/634060 Relevant facts emerging from complaint: 

RTI application filed on            :   05.07.2023
CPIO replied on                     :   10.07.2023
First appeal filed on               :   Nil
First Appellate Authority's order   :   Nil
Complaint dated                     :   12.07.2023



Information sought:
(ii) Taking notes, extracts or certified copies of documents or records.

(III) Taking certified samples of materials.

(iv) Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;

CIC/MESER/C/2023/636700 Relevant facts emerging from complaint: 

RTI application filed on            :   21.07.2023
CPIO replied on                     :   21.07.2023
First appeal filed on               :   Nil
First Appellate Authority's order   :   Nil
Complaint dated                     :   25.07.2023


Information sought:
(i) Inspection of work, documents, records.
(ii) Taking notes, extracts certified copies of documents records. JO or
(iii) Taking certified samples of materials.
(iv) Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;

Complainant narrated the genesis of instant cases being the alleged illegal act of Under Secretary (Vig.- MES and BRO) for giving advice and approval regarding initiation of major penalty against complainant on a charge for which he has already been awarded/punished by minor penalty with the stoppage of increments for three years after proceedings under Rule 16 of CCS Rules, 1965, which was completed on 06.01.2009. The said punishment was challenged by him before Hon'ble J & K High Court vide case No. SWP No. 309/2015, wherein the court vide order dated 10.07.2017 set aside the minor penalty and remitted the case to the department for fresh investigation by issuing fresh show cause notice. He contended that since the complainant has already completed the minor penalty for the alleged charge, therefore, issuance of fresh chargesheet on the same issue amounts to double jeopardy more so at the belated stage. In this regard, he filed multiple representations and sought action taken report of the same through these RTI applications, however, he expressed his astonishment to the fact that incomplete and misleading reply has been provided by the CPIOs. He further alleged that Headquarter Chief Engineer Western Command exceeded their jurisdiction by issuing penalty orders which ought to be issued by the E-in-C branch.