CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2007/00612 dated 18.11.2007
Right to Information Act 2005-Section 18
Complainant: Col. J. S. Rai, Brig HS Ghuman, Col MS Cheema,
Lt Col Angad Singh (All Retd.)
Respondent: Ministry of Personnel, Public Grievances & Pension,
New Delhi.
Decision
The Commission has received an appeal from Col. J. S. Rai, of SAS
Nagar, Mohali and other members of the Ex-Services League of Punjab &
Chandigarh praying as follows:-
“Appropriate action may be taken against the said CPIO for
not applying his mind judiciously & independently.”
The information sought being reasons for posting an “Officer to the MoD
who has failed to demonstrate sense of responsibility towards the soldiers at his
previous posting as CEO Punjab,” was asked through an application to the CPIO,
Director (M) North Block, New Delhi (presumably ministry of Personnel, PG & P
on 31.07.’07. In his response dated 14.8.’07 CPIO Shri SK Mohanty, Section
Officer Dep’t of Personnel & Training has conveyed that “no such information
exists.” Upon this complainants have moved a complaint directly before us with
the above prayer. However, they have not taken recourse to a first appeal u/s 19
sub-section (1) of the RTI Act, 2005.
Because the 1st appellate authority has not addressed the questions of
appellant, which are of direct concern to his public authority, the Commission has
decided to remand this appeal to First Appellate Authority Ms. Smita Kumar,
Director (Estt.I), Department of Personnel & Training, North Block, New
Delhi, to dispose of the appeal of Col. J. S. Rai within ten working days
from the date of receipt of this decision, under intimation to Shri Pankaj
Shreyaskar, Jt Registrar, Central Information Commission.
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If not satisfied with the information provided on his 1st appeal, appellants
Col. J. S. Rai and his colleagues will be free to move a 2nd appeal before us as
per Sec 19 (3).
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
13.02.09
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of
this Commission.
(PK Shreyaskar)
Jt. Registrar
13.02.2009
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