Central Information Commission Judgements

Mr.Mohd Ashraf vs Ministry Of Defence on 7 June, 2011

Central Information Commission
Mr.Mohd Ashraf vs Ministry Of Defence on 7 June, 2011
                 CENTRAL INFORMATION COMMISSION
     Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New
                                Delhi-110066
                       File No.CIC/LS/A/2011/000956

APPELLANT                             -      1. Shri A.K. Kesharwani
                                             2. Adv. Mohd Ashraf
PUBLIC AUTHORITY                    -        Indian Army
DATE OF HEARING                     -        07.06.2011
DATE OF DECISION                    -        07.06.2011
Facts

:-

Heard today dated 07.06.2011. Appellant not present. The Army is
represented by Lt. Col. Vishal Sharma.

2. It is noticed that vide RTI application dated 3.7.2010, the appellant had
sought information on 10 paras regarding appointments made on compassionate
grounds. The CPIO had given a detailed parawise response vide letter dated
14.7.2010.

3. Aggrieved with the decision of the CPIO, the appellant filed first appeal
on 3.9.2010. As the first Appellate Authority did not decide the matter within
prescribed period of 30 days, the appellant filed the present appeal before the
Commission on 7.1.2011.

4. During the hearing, Col. Sharma submits that the first Appellate Authority
decided the matter on 25.1.2011 and he produces a copy of the said order which
is perused. We believe and trust that the response of the first Appellate Authority
would satisfy the appellant.

5. We may, however, observe that the first Appellate Authority did not
decide the matter in the prescribed time of 30 days and took more than 04 months
in deciding the matter. This delayed decision is not as per the mandate of law.
The first Appellate Authority is advised to stick to the prescribed time frame in
future.

6. The matter is closed subject to the above observation.

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 Colonel & CPIO,
Central Ordnance Depot, Chheoki,
Allahabad-212105, UP.

2. Shri Ashraf, Sheet No.1,84, Khambha,
District Court, Allahabad, UP.