Central Information Commission Judgements

Smt. Ruchika Kanjale vs Indian Army on 1 October, 2009

Central Information Commission
Smt. Ruchika Kanjale vs Indian Army on 1 October, 2009
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                          CENTRAL INFORMATION COMMISSION
                    Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
                                  Appeal No. CIC/LS/A/2008/00002

Appellant:                                                 Smt. Ruchika Kanjale

Public Authority:                                          Indian Army
                                                           (through Shri Col. A.K. Vyas,
                                                           Director & PIO; Lt. Col. R. Balaji,
                                                           GSO(Legal) & Smt. Indu Lekha Haldar,
                                                           Director(D&V), Army Directorate))

Date of Hearing:                                           01/10/2009

Date of Decision:                                          01/10/2009

FACTS

:-

In her letter dated 14/03/2008, the Appellant had alleged that her husband Lt. Col.
Praveen Kanjale (IC 49297 N), then posted in 20 Mt. Arty. Bde. Binagudi (Eastern
Command) had siphoned off lakhs of rupees from Govt. funds etc. and requested for
recovery of the funds fraudulently drawn by him, besides meeting him out suitable
punishment.

2. The CPIO had responded to it vide letter dated 21/04/2008 stating that the matter
was inquired into and the allegations were not substantiated. The relevant para is
extracted herebelow:-

“4. The investigations revealed that allegations leveled by you were false and
fabricated and it was recommended that no cognizance be taken of the issue.
Moreover the matter being subjudice. It was decided that it should be allowed to
take its due course. The above recommendations were fwd by HQ Eastern
Command to Integrated HQ of MoD (Army) stating that the case be treated as
closed.”

3. The Appellate Authority had affirmed the decision of the CPIO vide letter dated
23/06/2008.

4. Hence, the present Appeal.

5. Heard on 01/10/2009. Appellant present along with her father Shri J.L. Sehgal.
The public authority is represented by the officers named above. It is the principal
submission of the appellant that she had made a complaint to Provost Marshal Integrated
HQ of MoD, Army, wherein she had made the following three allegations:-

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i) Government money claimed against fabricated voucher of Sharma Goods
Carrier, Pathankot, in regard to transportation of household goods from
Bikaner to Delhi;

ii) False claim of HRA under the garb of providing SFH to the family; &

iii) Fraudulent claim of transfer grant for the family.

She would submit that she would like to know the outcome of the inquiry
conducted by the concerned authorities.

6. Smt. Haldar would submit that the Eastern Command has conducted a
comprehensive inquiry into the matter and in proof thereof she produces the concerned
file containing a copy of the inquiry report. The same is perused. The appellant requests
for copy thereof. Smt. Haldar, however, objects to it.

DECISION

7. In our opinion, there is nothing in this report which is prohibited from disclosure
under section 8(1) of the RTI Act. Hence, the CPIO is hereby directed to provide a copy
of the Eastern Command letter dated 11/02/2008 to the appellant, from para 1 to 7 in two
weeks time. The remaining paras need not be disclosed in terms of section 10(1) of the
RTI Act.

8. The appellant would be at liberty to move the Commission again if so advised.

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
Tele: 011 2671 73 53/Fax: 011 2610 62 76
Copy to:-            (1)        Smt. Ruchika Kanjale,
                                A2B-82B, Ekta Apartments,
                                Paschim Vihar, New Delhi-110063.

                     (2)        Shri Pradeep Bist,
                                Lt. Col. & CPIO
                                G-6, D-1, Sena Bhawan,
                                Gate No.4, New Delhi.

                     (3)        Shri A.C. Soneja,
                                Major General & Appellate Authority
                                G-6, D-1, Sena Bhawan,
                                Gate No.4, New Delhi.

                     (4)        Major Manisha Gahlot
                                GSO 1 (Legal) for DDG RTI
                                ADG PI, G-6, D-1 Wing, Sena Bhawan,
                                Gate No.4, IHQ of MOD (Army)
                                New Delhi-110011.

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