ASHOK MAHADEV PAWAR v. Indian Army

केीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग, मुिनरका Baba Gangnath Marg, Munirka नई िदी, New Delhi - 110067 File No : CIC/IARMY/A/2018/161249 Ashok Mahadev Panwar ….अपीलकता/Appellant

VERSUS

बनाम

CPIO,

Army Medical Corps Record Office, PIN - 900450,

C/o 56 APO. ….ितवादीगण/Respondent

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INFORMATION COMMISSIONER : DIVYA PRAKASH SINHA

Information sought:

The Appellant sought copy of recorded statement given by him during Court of Inquiry proceedings against Nursing Assistant S C Tripathi on 28.04.2001. Grounds for the Second Appeal:

The CPIO has not provided the desired information.

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Relevant Facts emerging during Hearing:

The following were present:-

Appellant: Present on phone. Respondent: Lt Col. Vinod Kumar, SRO & PIO, Army Medical Corps Record Office, PIN - 900450, C/o 56APO present on phone.

Appellant stated that he was deliberately denied information sought in the RTI Application. He further stated that he has lost considerable period of time in the process and wants action against the PIO.

PIO submitted that averred reply was inadvertently provided by the then PIO for which he tenders an unconditional apology on his behalf. He further submitted that he will abide by the orders of the Commission, if any, in the matter. Decision

Commission observes from the perusal of facts on record that Lt. Col. Jasvinder Singh, the then PIO has grossly erred in citing an earlier order of the bench dated 12.07.2017 to deny the information sought in the RTI Application. Commission in the averred order had dismissed an earlier Appeal on the ground that new information cannot be sought at the Second Appeal stage. This certainly did not bar the Appellant from seeking that same information through a fresh RTI Application. Appellant was well within his right to seek the same information sought at the Second Appeal stage of an earlier Appeal through a fresh RTI Application. Lt. Col. Jasvinder Singh, the then PIO has displayed gross non- application of mind and callousness in dealing with the instant RTI Application. Lt. Col. Jasvinder Singh, the then PIO is severely admonished for the evasive approach adopted by him towards the mandate of RTI Act. Commission is constrained to not initiate action against the then PIO for want of any malafide intention apparent on his part. However, the present PIO shall serve a copy of this order to Lt. Col. Jasvinder Singh, the then PIO at his present place of posting, for taking note of the admonition of the Commission.

Further, present PIO is directed to provide relevant and available information as sought in the RTI Application to the Appellant free of cost within 15 days of receipt of this order. A compliance report to this effect be duly sent to the Commission by the PIO.

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File No : CIC/IARMY/A/2018/161249 The appeal is disposed of accordingly. Divya Prakash Sinha (िद काश िसा) Information Commissioner (सूचना आयु) Authenticated true copy

(अिभमािणत सािपत ित)

Haro Prasad Sen

Dy. Registrar

011-26106140/ haro.sen@nic.in हरो साद सेन, उप-पंजीयक

िदनांक/ Date

Copy to be served through present PIO to:

Lt. Col. Jasvinder Singh,

Then PIO

Army Medical Corps Record Office, --(For taking note of the admonition of the Commission)

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