CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2011/001003
Appellant : M. H. Chowdhury
Respondent : Indian Army
Date of hearing : 3.6.2011
Date of decision : 3.6.2011
FACTS
The matter is heard today dated 3.6.2011. Appellant present. The
Army is represented by Col. S. S. Dhanoa, Lt. Col. Rajesh Raghav and Col. Hitesh Lav.
The parties are heard.
2. The matter, in short, is that the appellant is a serving Colonel in the
Indian Army. He had applied for Separate Family Accommodation at Kolkata. It is his
grievance that he was discriminated against resulting in non allotment of FAF
accommodation. On the other hand, Brig. V. K. Adappa, who was also in line for
allotment of FAF was shown undue favour and was allotted accommodation, even
though he was junior to the appellant.
3. In this connection, vide RTI application dated 19th May, 2010, he
had raised a number of queries. These were responded to by CPIO vide letter dated 25 th
July, 2010, enclosing therewith information received from LWE Directorate. On
appeal, the AA had passed an order dated 4th October, 2010.
4. Dissatisfied with the orders of the CPIO and AA, the appellant has
filed the present appeal.
5. During the hearing, it transpires that the copy of the relevant file has
already been supplied to the appellant. The appellant, however, is not satisfied with the
documents supplied to him and he seeks specific response to the queries raised in Q 3
of para 3 and Qs 3, 4 & 5 of para 4 of his RTI application.
6. To this, Col. Dhanoa would respond that all information available in
the file has already been supplied to the appellant and that, no recorded information has
been held back from the appellant.
7. It is to be noted that only such information can be supplied by the
public authority as is held by it. Supply of copy of the relevant file shows the bonafides
of the public authority. We may also observe that RTI mechanism is not meant to
inquisition the CPIO. A CPIO cannot be compelled to give what he does not have.
Nor all queries need to be answered which seek personal opinion of the CPIO. A
CPIO can respond only on the basis of records and cannot bring any personal element
into it.
8. As far as the present case is concerned, by supplying a copy of the
relevant file, the CPIO has fulfilled the mandate of law. He needs to do nothing more.
We close the matter with these observations.
Sd/-
(M.L. Sharma)
Central Information Commissioner
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.
(K.L. Das)
Deputy Registrar
Address of parties :-
1. The CPIO
RTI Cell, ADG AE,]
G-6, D-1 Wing, Sena Bhawan,
Gate No. 4, IHQ of MoD (Army),
New Delhi-110011
2. Shri M. H. Chowdhary
HQ Eastern Command,
Fort William,
Kolkata-700021