के न्द्रीय सूचना आयोग Central Information Commission , बाबा गंगनाथ मागग मुननरका

Baba Gangnath Marg, Munirka नई दिल्ली , New Delhi – 110067 File No: CIC/IARMY/A/2023/650161 Colonel Shiv Shankar Rathi .….अपीलकर्ाग /Appellant VERSUS बनाम CPIO HQ 12 RAPIN PIN 908412 C/O. 56 APO ….प्रनर्वािीगण /Respondent Date of Hearing : 24.02.2025 Date of Decision : 07.03.2025 INFORMATION COMMISSIONER : VINOD KUMAR TIWARI Relevant facts emerging from appeal :

RTI application filed on : 20.04.2023 CPIO replied on : 01.06.2023 and 05.10.2023 First appeal filed on : 30.06.2023 First Appellate Authority’s order : 30.09.2023 2nd Appeal/Complaint dated : 03.11.2023 Information sought:

The Appellant filed an RTI application dated 20.04.2023 (online) seeking the following information:

1. Reference HQ 12 RAPID convening order No 334372/2/45/A1/(PC) dated

31 Mar 2023.

2. Please provide CTC copy of complete information together with file notings, correspondence, and decision of the competent authority in respect of following:-

(a) CTC of the complete record of One Man Investigation (OMI), pertaining to an Anonymous Complaint dated nil, as referred to in HQ 12 RAPID convening order No 334372/2/45/A1/(PC) dated 31 Mar

2023.

(b) Recommendations of the said OMI and that of Cdrs in chain.

(c) Record of noting sheets of staff pertaining to processing of the said Anonymous complaint dated nil for a decision by the competent authority.

(d) Record of decision of the competent authority to inw the said Anonymous complaint dated nil by OMI.

(e) Record of noting sheets and the record of deliberations of staff and competent authority to nominate Col Tarun Gosain, SM, to conduct the OMI.

(f) Record of noting sheets of staff pertaining to processing of the said OMI and decision of the competent authority thereon.

(g) Record of processing and decision of competent authority pertaining to letters No. 2410/333A dated 03 Apr 2023, 06 Apr 2023, 10 Apr 2023, 12 Apr 2023, 14 Apr 2023, 17 Apr 2023 and 20 Apr 2023 addressed to HQ 45 Inf Bde (A) with a copy to HQ 12 RAPID (A), w.r.t. provision a CTC of the OMI to the undersigned.

(h) Record of noting sheets of staff for movement of this RTI Application and decision of competent authority.

(i) Any other related and connected information in official records.

The CPIO, HQ, 12 Rapid, furnished a reply to the Appellant on 01.06.2023 stating as under:

(a) Para 4 (a) & (b). This firm is not the originator of the subject document. Hence denied.

(b) Para 4 (c). Based on the finding of OMI and recommendation of Cdr in Chain, a C of I has been ordered by HQ 12 RAPID vide convening order No

334372/2/45/A1(PC) dt 31 Mar 23, as this C of I is still under progress, sharing of info as desired by the applicant is likely to impinge upon the ongoing investigation, hence denied under Rule 8 (1) h.

(c) Para 4 (d). Info may be sought from HQ 45 Inf Bde the convenor of OMI.

(d) Para 4 (e). Info may be sought from HQ 45 Inf Bde the convenor of OMI.

(e) Para 4 (f). No noting was initiated for processing of OMI at HQ 12 RAPID. The same may be sought from HQ 45 Inf Bde being the convenor of same.

(f) Para 4 (g). Copy of HQ 12 RAPID letter No 3343/2/45/A1(PC) dt 20 Apr 23 is forwarded against complaint’s letter dt 03, 10, 12, 14 Apr 2023. Letters dt 17 & 20 Apr 23 from the applicant had requested for same info and as direction were already issued vide our ibid letter therefore no fresh directions were issued w.r.t. letter dt 17 & 20 Apr

2023.

(g) Para 4 (h). Info not relevant to this office.

(h) Para 4 (i). No specific info sought.

Since matters pertaining to 4 (a) (b) (d). (e) are closely related to the functioning of HQ, the same is transferred to PIO, HQ Inf Bde C/O 56 APO under the provisions of Sac 6 (3) of RTI Act 2005.

Being dissatisfied, the appellant filed a First Appeal dated 30.06.2023. The FAA vide its order dated 30.09.2023, held as under.

5. The revised reply, wherever applicable will be provided within fourteen days from the date of issue of this order.

In compliance of th