CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/SM/A/2009/00097/LS
Appellant : Shri Govind S. Chaturvedi
Public Authority : Indian Army
(through Col. K.S.S. Harchand)
Date of Hearing : 8.10.2009
Date of Decision : 8.10.2009
FACTS
:
The matter, in short, is that after conducting the requisite
proceedings as provided in the Army Act and the Rules frame thereunder,
Lt. Col. Deepak Chaturvedi was dismissed from the service in 2008 by the
competent authority. It is in this connection that vide letter dated
10.6.2008, the appellant had sought broad based information on 10 paras
wherein he had, interalia, requested for the following documents :-
(a) findings and opinion of the COI; (b) copy of the hearing of charge proceeding; (c) copy of summary of evidence proceedings; (d) finding and opinion of COI; (e) copy of the hearing of charge proceeding; & (f) copy of summary of evidence proceedings etc.
2. The CPIO had declined to disclose the information u/s 1 (2) of the
RTI Act, 2005, vide his letter dated 7.7.2008. The stand taken by the CPIO
is that the RTI Act, 2005 is not applicable in the State of Jammu &
Kashmir where appellant happened to be posted at the relevant time. The
decision of the CPIO has been affirmed by Brig. R. K. Mattu on behalf of
the GOC (AA).
3. The present appeal is directed against the orders of CPIO/AA.
4. Heard on 8.10.2009. Appellant is present along with Lt. Col.
Deepak Chaturvedi. The public authority is represented by the officer
named above. At the very threshold, Col. Harchand would submit that
requisite information can not be disclosed in terms of section 1 (2) of the
RTI Act. He also draws the Commission’s attention to order dated
20.3.2009 passed by the Hon’ble Delhi High Court in WP(C)7604/2009 &
DCM No. 3739/2009 (Col. R. Balasubramanian Vs CIC), wherein stay has
been granted. The operative portion of the aforesaid order is extracted
below :-
“Issue notice to Respondent No. 2, returnable on 18.8.2009.
Learned counsel for the petitioner points to Section 1 (2) of the
Right to Information Act, 2005 which indicates that it is not
applicable to the State of Jammu and Kashmir. Having considered
this submission and other averments, the operation of the impugned
order of the Central Information Commission (CIC) dated 3.2.2009
is hereby suspended till the next date of hearing.”
DECISION.
5. As the matter is sub-judice before the Hon’ble Delhi High Court on
a very important question of law, we do not think it proper to decide the
matter one way or other at this stage. The matter is, therefore, adjourned.
It shall be taken up for consideration after the vacation of stay or
pronouncement of final verdict by the Hon’ble High Court on this point,
whichever is earlier.
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. K.S.S. Harchand
Colonel Officiating,
Colonel Adjutant,
Hq 14 Corps, C/o 56 APO.
2. Shri Govind S. Chaturvedi,
LLB, MBA (Advocate),
Chamber No. 408, Patiala House,
New Delhi