Central Information Commission
Appeal No. CIC/WB/C/2007/00682-SM dated 03.03.2008
Right to Information Act-2005 - Under Section (19)
Dated 31.10.2008
Appellant - Shri M. C. Pant
Respondent - Controller of Defence Account, Meerut, MOD
Shri M. C. Pant, Appellant, personally present.
The following respondents were present:-
1. Shri Anant Prakash, Additional CDA
2. Shri Puneet Agarwal, Dy. CCDA
3. Shri Bharat Bhushan, AAO
4. Shri M. J. Razdan, AAO
Facts
of the case are as under:-
Shri M. C. Pant had approached the CPIO in the office of the CGDA in the
Ministry of Defence for certain information regarding his transfer from Ranikhet
to Dehradun and also some information in respect of the disciplinary proceedings
initiated against him. Since much of this information concerned the CDA at
Meerut, the CPIO of the CGDA sent a few information to Shri Pant but forwarded
the most to the CPIO in the CDA, Meerut for further action. The CPIO in the CDA
provided the remaining information to Shri Pant. It is noted that Shri Pant had
not enclosed the required fee with his original applications and on a reminder
from the CPIO, he forwarded the fees later. The initial delay in providing the
information was, to some extent, due to this.
2. Obviously, Shri Pant was not satisfied with the replies/information given.
But from the records enclosed with his appeal or from his appeal memo it is not
clear whether he had approached the Appellate Authority at all. It seems he has
come to this Commission directly for relief.
3. Each item of information sought by him was discussed at length with the
Respondents in the presence of the Appellant. It appears that the Appellant had
been charged with misconduct and departmental inquiry was initiated against
him. It is also noted that he had been transferred from Ranikhet to Dehradun. It
is observed that he had approached the Central Administrative Tribunal (CAT)
which had passed certain orders. The number of information Shri Pant has
sought in his various applications to the CPIOs both in the office of the CGDA,
New Delhi and CDA, Meerut are in respect of the decision making process in
these public authorities. After considering the arguments and submissions made
by both the sides, we direct the First Appellate Authority in the CDA, Meerut to
evaluate the replies/information already given on all the applications of Shri Pant
and to asses if those replies/information are adequate and complete. While doing
so, he should give Shri Pant an opportunity of hearing. The order of the Appellate
Authority should clearly list the exact information sought and the information
given. He should ensure that he decides this matter and provide the remaining
information to the Appellant within 15 working days from the receipt of this
order.
4. The Appeal is, thus, disposed off. Copies of this order be given free of cost
to the parties.
Sd/-
(Satyananda Mishra)
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.
Sd/-
(Vijay Bhalla)
Assistant Registrar