MOHD OSMAN v. Indian Army

केीय सचू ना आयोग Central Information Commission बाबा गगं नाथ माग, मिु नरका Baba Gangnath Marg, Munirka नई दली, New Delhi - 110067 File No : CIC/IARMY/A/2017/172493/SD Mohd Osman ….अपीलकता/Appellant

VERSUS

बनाम

CPIO,

Army Medical Corps Record Office, Lucknow-226002 … ितवादीगण /Respondents

Information sought:

The Appellant sought information regarding revised PE of AMC Records QE Mar

2017; whether rank of Lt (ARO) can be filled by CGO (ARO) etc.

Grounds for the Second Appeal:

The CPIO has not provided the desired information.

Relevant Facts emerging during Hearing:

The following were present:-

Appellant: Present and assisted by Alok Kumar Singh, Advocate and Rajendra

Prasad Singh, Advocate through VC.

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Respondent: Lt Col. Jasvinder Singh, OIC (Pen Gp.) & PIO, Army Medical Corps Record Office, Lucknow present through VC.

Appellant stated that he is dissatisfied with the denial of information on para 1 and on para (3) no reply has been provided by the CPIO.

CPIO submitted that information sought on para 1 pertains to Peace Establishment strength record of AMC which consists of sensitive information deemed as confidential by the probable holder of information. Commission remarked that no exemption clause of RTI Act has been invoked by the CPIO for the denial of information, merely citing the information as being confidential holds no ground under RTI Act. Moreover, Appellant has merely sought to know the authorized, held and surplus strength of four designations; Commission finds no reason to deny this information under any of the exemption clauses of RTI Act.

CPIO later agreed to abide by the order of the Commission. Decision

Commission directs the CPIO to provide available information on para 1 of the RTI Application to the Appellant free of cost. Further, on paras 2 & 3 of the RTI Application, no relief is being ordered as information sought is in the form of seeking clarification and interpretation of the CPIO which is outside the purview of Section 2(f) of RTI Act.

The above direction should be complied within 15 days from the date of receipt of this order and a compliance report to this effect be duly sent to the Commission by the CPIO.

The appeal is disposed of accordingly.

Divya Prakash Sinha ( द काश िसहा )

Information Commissioner ( सचू ना आयु )

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File No : CIC/IARMY/A/2017/172493/SD Authenticated true copy

(अभमाणत सयापत त)

Haro Prasad Sen

Dy. Registrar

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

दनाकं / Date

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