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2025 Supreme(Online)(CIC) 3992
CENTRAL INFORMATION COMMISSION
Anandi Ramalingam, IC
Rahul Dahiya – Appellant
Versus
The Comptroller & Auditor General of India – Respondent
Second Appeal No. CIC/CAGIN/A/2024/640077
For the Appellants/Petitioners:
For the Respondents: Uday Kadam
The appropriate handling of RTI applications and the procedural transfer of requests among authorities were upheld as compliant with the RTI Act.
Headnote:The judgment pertains to a second appeal filed under Section 19 of the RTI Act regarding information sought from the Principal Controller of Defence Accounts. The Appellant's application was deemed improperly handled following its transfer, and the disclosed reasons for standing information were upheld. The court observed that the initial response was properly conveyed, and the Commission found no grounds for further action, ultimately dismissing the appeal. The appeal is disposed of without additional cognizance as the information was deemed satisfactory.
| Table of Content |
|---|
| 1. the process of seeking information under rti requires proper procedural handling. (Para 1 , 2 , 3) |
| 2. the adequacy of the response provided under rti was contested. (Para 4 , 5 , 6) |
| 3. the commission observed compliance with rti provisions. (Para 7) |
Hon’ble Commissioner _ANANDI RAMALINGAM O R D E R
1. The Appellant filed an RTI application dated 16.04.2024 seeking information on the following points:
Ref- (a) DoP&T OM No. AB 14017/71/89-Estt. (RR) dt 03/10/1989.
(b) DOE OM No. F.13(30)-Estt.111.59 dt 31/01/1962.
(c) Department of Law and Justice Notifications No. 32 & 28 dt 15/08/2023 and
26/07/2018.
(d) Rule No. 9. 10 and 11 of GFR 1955, Preface, Rule No. 21 and 29 of GFR 2005 and 2017, (e) Section 28 and 31 of Army Act 1950.
1. OMs under ref (a) & (b) above, briefs the procedure for transfer of Service Personnel in Civil Department, whereas Act & Rules under reference (c-e)
defines Legal Remunerations and Interservice Organisation.
2. As per IA Official Portal there are 06 Interservice Organisations (List attached as Appendix). Whereas as per existing Rules, Acts Remunerations/Allowances are not whole source of income to recipients and need to be disbursed in accordance with DoE OMs/Gazette notifications. Le Notification No. 169 dt 06 July 2017 for allowances. Further, Section 28 and 31 of AA-1950 confirm that even Reservists are only entitled for privileges of Regular Army when called out for engagement in Regular Army.
3. PCDA(O) Pune. may be DDO for the officers transferred to Interservice Organisations of IA and also for Interservice organisations raised in accordance to Notification No. 32 dt 15/08/2023, but as per Para 5. of DOE OM PCDA(O) need to issue LPC immediately on transfer of Service personnel to civil departments on deputation/permanent absorption. However. PCDA(O) is disbursing the same to Ex-cadre service officers transferred to Civil Departments of MoD.
4. Hence, it is requested to provide-
(a). Certified copies of Govt of India Orders alongwith Gazette Notification authorising PCDA(O) Pune as DDO of the service officers (ex-cadre) transferred to Civil Departments of MoD on deputation/ permanent secondment.
(b). List of all Interservice Organisations available in records of PCDA(O).
Pune alongwith copies of gazette notification notifying their raising days.
(c). Latest Certified copies of Department of Expenditure OMs and Gazette Notifications authorising PCDA(O) to disburse Regular Army Remunerations and Allowances to service officers (Ex-cadre) transferred to Civil Departments of MoD on deputation/permanent secondment.
2. The CPIO replied vide letter dated 18.06.2024 and the same is reproduced as under :-
“Your RTI application pertains to Office of the Principal Controller of Defence Accounts (Offices), Pune, Maharashtra. Your RTI application has already been transferred under section 6(3) of the RTI Act, 2005 to PC&DA(Offices), Pune, Maharashtra vide this office letter No. 1168-RTI/1120-2024 dated 18.04.2024 under intimation to you vide letter No. 1169-RTI/1120-2024 dated 18.04.2024.”
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal on 28.06.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 08.08.2024 stated as under: -
“Your RTI appeal has already been transferred under section 6(3) of the RTI Act, 2005 to Office of the Principal Controller of Defence Accounts (Offices), Pune, Maharashtra vide this office letter No. 2409-RTI/1120- 2024 dated 06.08.2024 under intimation to you vide letter No. 2410-RTI/1120-2024 dated 06.08.2024.”
4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 05.09.2024.
5. The appellant remained absent and on behalf of the respondent Uday Kadam, CPIO, attended the hearing through video conference.
6. The respondent while defending their case inter alia submitted that the RTI application was transferred to PCDA on 18.04.2024. Th
