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2025 Supreme(Online)(CIC) 3843
CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, Information Commissioner
Anand Singh Chauhan – Appellant
Versus
PIO E-in-Cs Branch, Military Engineer Services – Respondent
CIC/MESER/C/2024/614701|CIC/MESER/A/2024/603701
RTI denial upheld under S.8(1)(e) as no documents filed in CAT; repetitive RTIs misuse regime.
Headnote:First Paragraph: RTI Act, 2005 sections 4(1)(b)(iii), 5(4), 6(1), 6(3), 7(1), 8(1)(e), 18(2), 20 applied. Complainant sought copies of correspondence related to his OA before CAT Jammu concerning promotion grievance. Court found no documents exist as no reply filed in CAT due to case becoming infructuous upon promotion, denial under fiduciary exemption upheld. Second Paragraph: Issues framed around validity of denial under S.8(1)(e) and public records status post-submission to tribunal. Ratio: Communications not filed in judicial proceedings are not public records; fiduciary relationship applies to department-CAT/advocate exchanges; no mala fide in PIO response, repetitive RTIs misuse RTI spirit. Last Paragraph: Complaint and Second Appeal disposed of; no direction for disclosure or penalty imposed.
| Table of Content |
|---|
| 1. rti seeking cat correspondence denied under fiduciary exemption. (Para 1 , 2 , 3 , 4 , 5 , 10 , 11 , 12 , 13) |
| 2. no documents filed as oa infructuous post-promotion. (Para 6 , 7 , 8 , 9 , 14 , 16 , 17) |
| 3. denial valid; no direction in complaint under s.18(2). (Para 18 , 19 , 20) |
| 4. no mala fide; penalty not warranted. (Para 21 , 22 , 23) |
| 5. repetitive rtis misuse; counsel against frivolous filings. (Para 24 , 25 , 26 , 27) |
Information sought:
1. The Complainant/Appellant filed an RTI application dated 31.10.2023 (online) seeking the following information:
“1 Engineer-in-Chiefs Branch, Kashmir House, Rajaji Marg, New Delhi-110011 2 HQ Chief Engineer, Northern Command Udhampur (J&K)
3 HQ Chief Engineer Udhampur Zone Udhampur (J&K)
4 HQ CWE Dhar Road Udhampur (J&K)
5 Garrison Engineer (Army) Dhar Road Udhampur (J&K) Military Engineer Services, Department of Defence, MoD Government of India
Please refer OA NO 61/1221/2021 Filled by SHRI ANAND SINGH CHAUHAN V/S UOI AND OTHERS AT HONORABLE CAT JAMMU. INFORMATION UNDER RTI ACT 2005 SECTION 6(1), 6(3) & 5(4) Dear Public Authority
Kindly provide the following information please.
1. Kindly provide the copy of all correspondence and reply submitted to/by authority in Honorable CAT Jammu Bench on OA No 61/1221/2021 to till date India-Vigilant, India-Prosperous
The worst disease in the world today is corruption and there is a cure: Transparency.”
2. The CPIO furnished a reply to the Complainant/Appellant on 07.02.2024 stating as under:
“The reply of your RTI application has already been furnished by HQ CE Udhampur Zone vide their letter No. 11001/RTI/26/E1B(S) dated 14 Nov 2023.”
3. The CPIO furnished a reply to the Complainant/Appellant on 14.11.2023 stating as under:
“This is with ref to your online RTI Registration No MESER/R/E/23/02652/2 dt 31 Oct 2023.
The information you have asked vide your above RTI application is denied to you under RTI Act-2005 Para-8 (e), which states that the information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.
The communication between department and CAT Jammu /advocate is private and hence can't be provided to you.
Your attention is drawn to the fact that public authorities are not obliged to create information to generate data for a petitioner's convenience. This has been endorsed in several decisions of the commission (Kamal Tiwari VS Ministry of Defence, Appeal No. CIC/AT/2006/00360, date of decision 23 Nov 2006.”
4. Being dissatisfied, the Complainant/Appellant filed a First Appeal dated 12.01.2024. The FAA vide its order dated 13.03.2024, held as under:
“This is to inform that desired information has already been provided to you vide CPIO CE Udhampur Zone dated 14 Nov 2023 and CPIO this HQ dated 07 Feb 2024 with reference to your RTI application No MESER/R/E/23/02652 dated 31 Oct 2023. However, copy of the same is enclosed herewith for your ready reference.”
5. Feeling aggrieved and dissatisfied, Complainant/Appellant approached the Commission with the instant Complaint.
6. A written submission dated 30.07.2025 (copy marked to the Respondent) has been filed by the Complainant/Appellant which is taken on record. Contents of the same are reproduced below for ready reference:
“Respected Sir, I, Anand Singh Chauhan, the appellant in the above-referenced matter, hereby submit this written submission in response to the denial of information by the various CPIO and FAA of Military Engineer Services, E-in- C’s Branch as well as HQ Chief Engineer, Udhampur Zone, pertaining to my RTI request dated 31 October 2023 seeking records related to OA No. 61/1221/2021 before the Hon’ble CAT, Jammu Bench. This case is interlinked with case file No CIC/MESER/A/2024/603701, which is also listed for hearing. As CPIO of Engineer-in-Chief Branch disposed of case with statement that Reply :- The reply of your RTI application has already been furnished by
