Posted On by &filed under Central Information Commission, Judgements.

Central Information Commission
Shri Y.S. Dwivedi vs Ministry Of Defence on 11 March, 2010
             Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

                                 File No. CIC/LS/A/2009/001198

Appellant                          -                Shri Y.S. Dwivedi
Public Authority                   -                Ministry of Defence
                                                    (through : Shri Nitin Chayande, Director,
Date of hearing                    -                11.03.2010
Date of Decision                   -                11.03.2010



The matter, in short, is that the appellant was an Executive Engineer in MES in
1999-2000. Shri S.K. Jain was another Executive Engineer in M.E.S. who was junior to
the appellant. Shri S.K. Jain was promoted to the rank of Superintending Engineer in the
DPC of 2001-2002. However, pursuant to some court order, the competent authority
reconsidered his case and held him to be promoted in the vacancy of 1999-2000.
Aggrieved with this decision, the appellant had filed the RTI application dated 24.4.2009
wherein he had sought information on the following three paras :-

“(a) Intimate the name and designation of highest authority to whom the
representations mentioned in para-1 above were put up.

(b) Kindly provide the copy of all remarks/notes/noting sheets and final
decision taken on the representations submitted in para-1 above separately
for each.

(c) Copy of note/noting sheets prepared till approval of review DPC for EE to
SE in MES for the year 1999-2000 & 2000-01 to facilitate promotion of
MES-168034 Shri SK Jain, SE.”

2. The CPIO had responded to it vide letter dated 22.5.2009. Dissatisfied with the
information provided, the appellant had filed first appeal which was decided by the
Appellate Authority vide order dated 13.8.2009. The AA had not upheld the decision of
the CPIO. Para 04 of the order is extracted below :-

“In view of the above, the disposal of the application dated 24.4.2009 by the letter
dated 22.5.2009 of CPIO cannot be upheld and is therefore set aside. CPIO is
directed to ensure appropriate and lawful disposal of the application of the
appellant dated 24.4.2009 within seven days from the date of this order”.

3. Pursuant thereto, the CPIO had provided additional information to the appellant
vide letters dated 18.8.2009 and 25.11.2009.

4. The present appeal is directed against the above orders.

5. Heard on 11.03.2010. Appellant is present alongwith Shri K.K. Gupta. It is the
principal submission of the appellant that he had filed three representations(dated
26.11.2008, 6.3.2009 and 27.3.2009) addressed to the Secretary, Ministry of Defence,
regarding the promotion given to Shri S.K. Jain against the vacancy of 1999-2000 but no
response has been given to him so far.

6. To this, Shri Chayande would respond that the appellant has been informed that
no decision has been taken on his representations and that the matter is still under
consideration. The appellant would, however, submit that they are essentially interested
in knowing as to at what level their representations have been processed and wishes to
have the copy of the file notings made in this regard. To this, Shri Chayande would
respond that the matter has remained pending at the level of Section Officer and has not
been sent to any higher authority.


7. It is noteworthy that the appellant who, in the meanwhile has been promoted to
the rank of Superintending Engineer, has made representations to the Secretary, MoD. It
is quaint that all these representations have remained pending at the level of Section
Officer and have not been sent up to any higher authority. When queried as to why the
appellant’s representations have not been sent up to the higher authorities, Shri Chayande
would submit that representations in this regard are coming from various quarters and
they are being consolidated at appropriate level.

8. From the foregoing, it is clear that the appellant’s representations were addressed
to the Secretary, MoD. The explanation given by Shri Chayande for not putting up these
representations to the competent authority, including Secretary, MoD is not appreciated
by the Commission. It is for the competent authority to dispose of the representations
one way or the other but the principle of equity, justice and good conscience warrants that
the representations are put up to the concerned authorities for appropriate decision. In
view of this, Shri N. Chayande, Director, MoD, is hereby directed to put up these
representations to the competent authority for appropriate decision in 08 weeks time.

9. Let a copy of this order be sent to the Secretary, Ministry of Defence, for his


( 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. The Deputy Secretary(Wks) & CPIO,
Min. of Defence, Sena Bhawan,
New Delhi-110011.

2. The Secretary,
Ministry of Defence,
South Block,
New Delhi.

3. Shri Y.S. Dwivedi,
Se/Director E2W Army CC Military Engineer Services,
E-in-C’s Branch, Kashmir House, Rajaji Marg,
New Delhi-110011.

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