के (cid:3)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:18), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: (1) CIC/IARMY/A/2024/103312 (2) CIC/DODEF/A/2024/110374 S C Sharan .….अपीलकता(cid:18)/Appellant VERSUS बनाम R 1. PIO, RTI Cell, Addl. DG AE, G 6 D

1 Wing, Integrated Headquarter of MoD (Army) Sena Bhawan, Gate No 4, New Delhi – 110011.

R 2. PIO, M/o Defence RTI Cell HQ Southern Command Pin-928541 C/o 56 APO ….(cid:29)ितवादीगण /Respondents Date of Hearing : 03.09.2025 Date of Decision : 15.09.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari The above-mentioned Second Appeals are clubbed together as subject- matter is similar in nature and hence, are disposed of through a common order.

(1) CIC/IARMY/A/2024/103312 Relevant facts emerging from appeal:

RTI application filed on : 06.11.2023 CPIO replied on : 11.12.2023 First appeal filed on : 28.12.2023 First Appellate Authority’s order : 17.01.2024 Compliance of FAA order : Not on record

2nd Appeal/Complaint dated : 01.02.2024 Information sought:

1. The Appellant filed an RTI application dated 06.11.2023 (offline) seeking the following information:

“SEEKING DOCUMENTS FROM D&V DTE UNDER RTI ACT 2005 FOR PROVISION OF ALL FILE NOTINGS ON COURT OF INQUIRY UPTO DIRECTIONS OF THE CHIEF OF ARMY STAFF (COAS) ON 27 DEC 2019 FOR INTIATION OF DISCIPLINARY ACTION AGAINST MAJ GEN SC SHARAN, PhD (RETD)

1. It is requested that certified true copy (CTC) of All File Notings from the beginning till the last noting on the ordering of Court of Inquiry Land processing of Court of Inquiry documents till and including notings on the directions of the COAS for initiation of disciplinary action against Maj Gen SC Sharan, PhD (Retd), as recorded on File No: C/06270/SC/901/19(20)/AG/DV-2 (Maj Gen SC Sharan) on 27 Dec 2019 be please provided..

2. It is placed on record that the Hon'ble Delhi High Court on 12 Feb 2018 by Order of Justice Vibhu Bakhru J in a case related to RTI applicant Paras Nath Singh, has already ruled that 'File Notings' cannot be denied.

Extract from the Order is quoted below: -

"Section 8 of the Act provides for exemption from disclosure of certain information and none of the provisions of Section 8 provide for blanket exemption that entitles the respondent to withhold all file notings."

2. The CPIO furnished a reply to the Appellant on 11.12.2023 stating as under:

“It is submitted that AG/DV-2 is not mandated processing/convening for of the Court of Inquiry proceedings. File notings for obtaining approval of the COAS for initiation of Disciplinary action against Maj Gen SC Sharan (Retd) recorded on File No C/06270/SC/901/19(20)/AG/DV-2 can not be provided to the applicant under para-8 (1) (e) of the RTI Act 2005.”

3. Being dissatisfied, the Appellant filed a First Appeal dated 28.12.2023.

The FAA vide its order dated 17.01.2024, upheld the reply of CPIO.

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

5. A written submission dated 11.06.2025 filed by Shri JM Sharma, PIO is taken on record. Contents of the same are reproduced below:

“2. Brief of the Case. The appellant Maj Gen SC Sharan, PhD (Retd) had filed a RTI application seeking certified true copy (CTC) of all file Notings from the beginning till the last noting on the ordering of C of I incl Notings on the dirns of the COAS for initiation of disciplinary action against Maj Gen SC Sharan, PhD (Retd) as (Maj Gen SC Sharan) on 27 Dec 2019. recorded on File No.

C/06270/SC/901/19(20)/AG/DV-2

3. Application under RTI. Appellant's initial RTI application dt 06 Nov 2023 seeking certified true copy (CTC) of all file Notings from the beginning till the last noting on the ordering of C of I incl Notings on the dirns of the COAS for initiation of disciplinary action against Maj Gen SC Sharan, PhD (Retd) as recorded on File No. C/06270/SC/901/19(20)/AG/DV-2 (Maj Gen SC Sharan) on 27 Dec 2019 was received at this Cell on 14 Nov 2023. Case was proc