Mr.Mukesh Kumar vs Ministry Of Defence on 19 April, 2010

Central Information Commission
Mr.Mukesh Kumar vs Ministry Of Defence on 19 April, 2010
        CENTRAL INFORMATION COMMISSION
      Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066


                         File No.CIC/LS/A/2010/000158
                         Mukesh Kumar Vs Indian Army

                                                            Dated : 19.4.2010
        This is in continuation of this Commission's proceedings dated
7.4.2010. The matter was fixed up for hearing on 28.4.2010. The appellant,
however, is present before the Commission today dated 19.4.2010 in
connection with File No CIC/LS/A/2010/000082. Lt Col S.K. Raj from
AMC Records Office, Lucknow and Col A.K. Vyas are also present. Both
the parties agree that this part heard matter may be heard and decided today
itself. Hence, it has been decided to hear and decide this matter i.e.
CIC/LS/A/2010/000158.

2.     It may be recalled that the main submission of the appellant in this
matter is that his request for voluntarily retirement could be accepted or
rejected only by DGMS (Army) but it did not happen in his case and his
request was turned down by a Brigadier level officer which according to
him, is not line with the rules.

3.     On the other hand, Lt Col Raj would submit that the position taken by
the appellant is not correct inasmuchas the powers have been delegated to
lower formations to accept or reject a request for voluntary retirement. He
produces a copy of the Standard Operating Procedure dated 15.10.1994
regarding the discharge of Others Ranks, para 2 (c) whereof provides that
applications of ORs for discharge will be decided by Col/Brig Records
depending the merit of each case. He would, thus, submit that the decision
regarding rejection of the appellant's request has been taken by the
competent authority. A copy of the circular is shown to the appellant. He
requests for a copy which is approved.

CIC/LS/A/2010/000082
4.      Yet another appeal has been filed by the appellant in connection with
the matter which has been dealt with in the proceedings paras. The appellant
is briefly heard. He requests for information on para 5, 10, 11, 12, 13 of his
RTI application dated 12.8.2009. We are of the view that his request for
information regarding para 10 concerning clerk category in AMC is genuine.
Hence, the CPIO is directed to provide this information to the appellant in 04
weeks time. The appellant's request for information on other paras is hereby
rejected, being of no concern or consequence to him.

5.      The appellant also mentions that the CPIO has not mentioned the
particulars of the first Appellate Authority in both the matters which he is
required to do as per law. This point is valid. The CPIO may take note for
future.
 6.      Before parting with the matter, we would like to place on record the
strong objections raised by Col Vyas regarding the language used by the
appellant in his correspondence with the Army formations as also with this
Commission. He specifically refers to the plea made by the appellant for
initiation of disciplinary proceedings against senior officers of the Army. He
also submits that the appellant has been repeatedly filing applications
regarding his discharge from the Army which has resulted in wastage of time
and resources of the organisation, besides having adverse effect on the
discipline and morale of ORs. Col Vyas would also submit that the
appellant is a serving soldier and he should show basic soldierly conduct in
his dealings with the senior formations. It is true that the appellant has a
right to seek information as a citizen of India under the RTI Act. Even so,
he is expected to use polite and decent language in the official
communications. The Commission would like to say no more.
                                                                           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)
   Assistant Registrar

   Address of parties :-
   1.

Col A.K. Vyas
RTI Cell, G-6, D-1 Wing,
Sena Bhawan, IHQ of MoD (Army),
New Delhi-110011

2. Lt Col S.K. Raj
Army Medical Corps, Record Office,
Legal Cell, PIN 900450,
C/o 56 APO

3. Shri Mukesh Kumar
Army No 13989664W, Base Hospital,
Delhi Cantt-10, Delhi

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