Relevant facts emerging from Second Appeal:

RTI application filed on : 26.03.2024

CPIO replied on : 22.04.2024

First appeal filed on : 06.05.2024

First Appellate Authority’s order : 24.05.2024; 23.08.2024

Second Appeal dated : 09.12.2024

Information sought:

1. The Appellant filed an RTI application on 26.03.2024 seeking the following information :

“Information Sought from the Organisation/Department.

1) It is requested to provide a copy of Integrated HQ of Ministry of Defence (Army) letter No A/810027/RTI/Policy dated 19 March 2010.

2) It is requested to provide a copy of Central Information Commission letter No CIC/SM/A/2009/000462/LS dated 19 March 2010.

3) It is requested to inform whether a serving soldier/officer can apply for information from Central Public Information Officer/Public Information Officer under Right to Information Act 2005 or otherwise.

4) It is requested to inform whether a serving soldier/Officer can apply for information from Public Information Officer of Record Office/Regimental Centre.

5) It is requested to inform the Second Appellate Authority of Record Office.

6) It is requested to inform the Second Appellate Authority of Regimental Centre.

7) It is requested to inform that Paragraph 557 of Regulation of the Army 1987 (Revised) can overrule the Right to information Act 2005 from serving Soldier/Officer.

8) Posting Order/Promotion Order/Discharge Order/Course Detailment/Cadre Detailment/ Board Proceedings for Compassionate Ground/ Last Leg Posting of Several Soldiers/ Officers are issued in one letter/ message form. Security classification of these orders is normally unclassified / restricted in nature. It is viewed by all dealing Clerks (Staff Duties) and Officers of various unit/formation/establishment and all effective persons. It is requested to intimate that these orders can be apply through Right to Information Act 2005 by any serving soldier/officer of the same Regimental centre or otherwise. It is requested to inform the co-soldiers/co-officers will be treated as third party or colleague for getting such as posting order, promotion orders, discharge orders, board proceedings to last leg posting/ compassionate postings etc.

APPLICATION UNDER THE RIGHT TO INFORMATION ACT 2005

9) It is requested to inform that Serving Soldiers/Officers can apply for any service/personal particulars of his serving co-soldiers/officers of the same Regimental Centre.

10) It is requested to inform that information such as posting order, Board Proceedings for Compassionate Ground/ Last Leg Posting, discharge orders of one serving soldier/officer to another serving soldier/Officer of same Regimental Centre is known as third party information or otherwise. It is requested to explain the same in conjunction section 2 (n) and section 11 (1) of Right to Information Act 2005.

11) The persons who are not comes under Army Act but there are employees of various units/ formation/ establishment/ offices of Ministry of Defence can also viewing/handling the details of Army Personnel by virtue of their designation/ appointments subject to posting, promotion, course, cadre, discharge and retirement of serving soldiers/officers. It is requested to inform that Record office /Regimental Centre can deny providing posting order, Board Proceedings of Compassionate Ground/Last Leg Posting etc. to the serving soldier/officer of the same Regimental Centre quoting contains third party information.

12) It is requested to inform that if a serving soldier/officer applied for information from Public information Officer of Record Office/Regimental-Centre, then the Public Information Officer without providing any information to the serving soldier/officer can write letter to the unit/ establishment concern to take disciplinary action against the serving soldier/officer under Paragraph 557 of Regulation of the Army 1987 (Revised) quoting vioiation of channel of correspondence.

13) It is requested to clarify whether an individual serving in Indian Army