CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/SM/A/2009/000865/LS
Appellant : Shri Sunny Bakshi
Public Authority : Indian Army
Date of Decision : 18.12.2009
FACTS
The appellant, Lt. Colonel in the Indian Army, vide his RTI
application dated 5.1.2009, had requested for the following information :-
“Post trial advice given by DJAG Br, HQ Eastern Comd on trial
proceedings after the GCM held in respect of self as convened by
GOC, 17 Mtn Div in Nov 2001.”
2. The PIO had responded to it vide letter dated 6.2.2009, refusing to
disclose the information. Para 03 of his letter is extracted below :-
“3. The information sought by you has been given by the DJAG
Br on the post trial advice in fiduciary relation ship and confidence
which is exempt u/s 8 (e) of RTI act, 2005. Also no larger public
interests are involved requiring the competent authority to disclose
the said information.”
3. The FAA had affirmed the decision of PIO vide letter dated
17.3.2009. The present appeal is directed against the orders of CPIO/AA.
4. The matter is called for hearing on 18.12.2009. The parties did not
appear before the Commission. As the matter in hand involves a important
question of law, we think it expedient to give another opportunity to the
public authority to have its say in the matter. Hence, the matter is
adjourned to 18.1.2010 at 1110 hrs. Notice may be issued to Brig Ved
Prakash for appearance before the Commission along with concerned
officers.
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. Brig Ved Prakash
G-6, D-I Wing,
Sena Bhawan, Gate No. 4,
IHQ of MoD (Army),
New Delhi-110011
2. Shri Sunny Bakshi
2 Mah Engineer Regt.
NCC IIT Bombay, Powai,
Mumbai-76