Central Information CommissionAabid Hussain vs Indian Army on 28 April, 2017CENTRAL INFORMATION COMMISSION
                       Club Building (Near Post Office)
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                         Email -[email protected]File No. CIC/IARMY/A/2017/118618/SD
                                               Date of Hearing : 25/04/2017
                                               Date of Decision: 28/04/2017
Relevant facts emerging from the Appeal:
Appellant                  : Aabid Hussain
                              Bagheecha Peer Saheb
                              Cantt. Jabalpur( M.P)
Respondent                 : CPIO
                              O/o Jabalpur Cantonment Board
                              6, Norris Road, Near Shivaji Ground,
                              Jabalpur Cantt - 482001,M.P
RTI application filed on   : 23/07/2014
PIO replied on             : No reply
First appeal filed on      : 13/08/2014
First Appellate Authority : No order
order
Second Appeal dated        : 04/12/2014

INFORMATION COMMISSIONER : SHRI DIVYA PRAKASH SINHA

Note: This matter has been listed for hearing as per directions of the Hon'ble
High Court of Madhya Pradesh in W.A. No. 683/2016, order dated 02.01.2017
stating that:

         "........Keeping in view the aforesaid, we dispose of this appeal and writ
petition with the following directions:-
(i) On the appellant filing the certified copy of this order along with all the
relevant documents as are detailed hereinabove in the office of the respondent
no.2, the respondent no.2 shall take action for deciding the appeal in case it
has been filed and received in his office in accordance to law within a
reasonable period.
(ii) In case, on going through the record, the respondent no.2 or his office finds
that no appeal has been received in their office or filed, they are free to pass
appropriate order in the matter within a period of 30 days from the date of
receipt of certified copy of this order."

                                        1
 Information sought:The Appellant sought information through 5 points in the context of letter no.
CBJ/CE/RTI/2014/28 dated 06.06.2014, regarding records which show a road
existed prior to repair in Survey No. 165-A, Bagicha Peerji Sahib (Agricultural
Land).Grounds for the Second Appeal:The CPIO has not provided the desired information.Relevant Facts emerging during Hearing:The following were present:-Appellant: Present through VC.Respondent: Ms Saroj Vishwakarma, Office Supdt. & CPIO, Cantonment Board,
Jabalpur present through VC.Appellant stated that he has not received any information till date. He also
contended that the Respondent office is in a habit of not responding to RTI
Applications. He prayed for imposition of penalty against the erring CPIOs.CPIO submitted that she assumed office in February 2016 and has provided a
reply on the RTI Application but did not produce any proof of the same. Upon
being asked for the names of the then CPIOs, she submitted that at the time of
filing of the RTI Application Mr. D R Singh, Senior Sanitary Inspector was the
CPIO and he retired in Dec 2014. Further, from Jan 2015 to 31 Jan 2016, Mr. A
K Pathak, Office Superintendent was the CPIO, and he also has since retired.Commission asked the CPIO for the date of reply as claimed to have been sent
by her, she submitted her inability to intimate the date or produce a copy of
the said reply.Observations:The CPIO's conduct during the hearing amounts to a disregard for the hearing
proceedings as she was disrespectful in her response to the questions raised by
the Commission. Further, CPIO's submission that she is not carrying the reply
of the RTI Application during the hearing reflects on the non-application of
mind on her part. The Commission did not find it expedient to raise any further
questions owing to ignorance about the case of the CPIO throughout hearing.2File No. CIC/IARMY/A/2017/118618/SD
Decision
Commission directs the CPIO to provide point wise information on the RTI
Application to the Appellant. In doing so, if information is not available on any
of the points in parts or as a whole, the same should be categorically stated
against that point in the CPIO reply. Commission's direction should be
complied within 7 days from the date of receipt of this order. A compliance
report should be sent to the Commission within 15 days from the date of
receipt of this order.Commission takes grave exception to ignorance about the case of the CPIO
during the hearing as well as the fact that prima-facie no information has been
provided to the Appellant till date. The then CPIOs are responsible for the
gross violation of the provisions of theRTI Actin as much as no reply has been
provided to the RTI Application during their tenure. Further, the present CPIO
also appears to have misrepresented that she provided a reply on the RTI
Application while she could not even state the date of reply. This is further
corroborated by the Appellant's statement that he has not received any reply
till date. It will suffice to say that the present CPIO is also deemed to have not
responded on the RTI Application.In view of the foregoing, Commission directs the present CPIO to send her
written submissions to show cause as to why penalty should not be imposed
on her as perSection 20 (1)of the RTI Act and disciplinary action should not be
recommended against her as perSection 20(2)of the RTI Act. The written
submissions should reach the Commission within 15 days from the date of
receipt of this order.Further, the then CPIOs Mr. D.R Singh and Mr. A.K Pathak who are said to
have retired from service are also directed through the CEO, Cantonment
Board to send their explanation as to why no reply was provided on the RTI
Application during their respective tenure. The explanation should be sent by
the then CPIOs to the CEO, Cantonment Board within 30 days from the date
of receipt of this order.A copy of this order is marked to the CEO, Cantonment Board, Jabalpur to
serve a copy of this order to the then CPIOs on their present addresses as
mentioned in the above para and to duly forward their submission to the
Commission.3CEO, Cantonment Board is further directed to take note of the observations
made above and look into the inadequacies of the respective CPIOs in dealing
with RTI Applications.The appeal is disposed of accordingly.(Divya Prakash Sinha)
                                                     Information Commissioner
Authenticated true copy


(H P Sen)
Dy. Registrar/Designated Officer


Copy to:Chief Executive Officer
O/o Jabalpur Cantonment Board
6, Norris Road, Near Shivaji Ground,
Jabalpur Cantt - 482001, M.P.--(For taking note of the observations made above and for compliance of
directions as mentioned in the Decision)

Copy to be served through CEO, Cantonment Board to:Mr. D. R. Singh
Senior Sanitary Inspector (Retd.)
O/o Cantonment Board
Jabalpur( MP)--(To send his explanation as sought in the order)

Mr. A.K.Pathak
Office Superintendent (Retd.)
O/o Cantonment Board
Jabalpur( MP)--(To send his explanation as sought in the order)4