के (cid:574)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:330), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:671)ी, New Delhi – 110067 File No: CIC/ARMHQ/A/2024/126590 Tilak Raj ….अपीलकता(cid:330)/Appellant VERSUS बनाम ….(cid:366)ितवादीगण /Respondent The CPIO, Headquarter 25 INF DIV, Pin-908425, C/o 56 APO Date of Hearing : 16.03.2026 Date of Decision : 16.03.2026 INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL Relevant facts emerging from appeal:

RTI application filed on : 04.05.2024 CPIO replied on : 01.06.2024 First appeal filed on : 11.07.2024 First Appellate Authority’s : 29.07.2024

order

Second Appeal dated : 21.08.2024 Information sought:

1. The Appellant filed an RTI application dated 04.05.2024 seeking the following information:

“SOUGHT INFORMATION UNDER SUB SECTION 7(1) OF RTI ACT 2005 IN RESPECT OF FIREMAN CHAND PARKASH, S/O LATE SH.FAUJI RAM

1) With due respect and humble submission to have the following information in respect of above said act, immediately which is required to be placed before Punjab & Haryaya High Court, Chandigarh in respect of involvement in the Court case of above said employee and Struck from Strength of his plea for grant of VRS. That few information I have arranged from OTG, Pathankot, therefore I have filled & rest blank is to be filled :-

1) Date of initial appointment: 11 FOD, TOS, Year_____

Date______

2) Posted out from 11 FOD to OTG Pathankot on Compassionate Ground or other ground, (Please tick) in which Date____________

3) That Struck from Strength from OTG on mutual posting dated 30.11.2006 : name of employee to whom mutual posting arranged by said FM Chand Parkash:

______________________________

4) Promotion to next Rank:

________________________________

5) Grant of ACP, with effect from:

____________________________

6) Applied for VRS in which ground:

__________________________

7) Granted VRS with effect from:

____________________________

8) Last scale when VRS has been allowed, with calculation of home carry emolument:

_____________________________________

9) Date of Pension & PPO No.

_______________________________

10) Personnel or Belt No.

____________________________________

11) Any other information except above said information:

_________

2) That in view of the above facts & circumstances, it is also pertinent to mention here that non supply of above said information in stipulated time frame of RTI Sub Section 7(1), the immediate officer shall be held responsible”.

2. The CPIO furnished a reply to the Appellant on 01.06.2024 stating as under:

“It is intimated that information sought by you is third party information, disclosure of which would cause undue invasion into the privacy of the individual concerned and it does not serve any public activity or interest. It is therefore exempted from disclosure under provisions of Section 8 (1) (j) of RTI Act 2005. However information may be provided to you subject to consent/ dissent of third party i.e. Fireman Chand Parkash. In this instant case, as per section 11 (1) of RTI act 2005 Consent/ dissent of Fireman Chand Parkash is being sought.

Information will be provided to you after receipt of consent /dissent of above named personnel”.

3. Being dissatisfied, the appellant filed a First Appeal on dated 11.07.2024.

The FAA vide its order on 29.07.2024 stated as under:

“1. WHEREAS, Mr Tilak Raj submitted RTI application No Nil dated 04 May 2024 received at this office on 28 May 2024 and RTI application No Nil dated 12 Jun 2024 received at this office on 11 Jul 2024 through 25 Inf Div Ord Unit, seeking various info from Public Information Officer, HQ 25 Inf Div (25 Inf Div Ord Unit) under Right to Information Act 2005.

2. AND WHEREAS, Public Information Officer, HQ 25 Inf Div (25 Inf Div Ord Unit) asked consent/ dissent from Fireman Chand Parkash under Section 11 (1) of RTI Act 2005 vide HQ 25 Inf Div letter No

1066/TR/RTI dt 01 Jun 2024.

3. AND WHEREAS, aggrieved by the decision of PIO at this HQ, Mr Tilak Raj preferred an appeal No Nil dt 11 Jul 2024