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: CIC/IARMY/A/2023/143569 Ramasharaya Ram Yadav .….अपीलकता(cid:18)/Appellant VERSUS बनाम PIO, Army Avn Corps Records Pin - 900482, C/o 56 APO ….(cid:29)ितवादीगण /Respondent Date of Hearing : 06.02.2025 Date of Decision : 11.02.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 08.11.2018 CPIO replied on : 17.11.2018 First appeal filed on : 13.01.2021 First Appellate Authority’s order : not on record

2nd Appeal/Complaint dated : 30.10.2023 Information sought:

The Appellant filed an RTI application (offline) dated 08.11.2018 seeking the following information:

“1. Promotion order letter no. 1284/AVM/Promotion/62/CA-1 Date-14 Nov 2017

2. Cancellation of Promotion order hav-to NB/SUB 15 letter no.

1284/AVM/Promotion/62/CA-1 Sir request hai mujhe aap ki grading nahi chahiye sirf jankari lena hai ki wo koan-koan se years ka act hai jiski wajah se mera promotion order cancel kiya gaya hai. Mujhe grading nahi chahiye.”

The CPIO furnished a reply to the Appellant on 17.11.2018 stating as under:

“1. It is intimated that as per existing policy for consideration of ACRs for promotion to the rank of Nb Sub issued by Additional Directorate General Personal Services, IHQ of MoD(Army) vide their letter No B/33513/AG/PS-2(c) dated 10 Oct 1997 and amended thereon are as under:-

(a) Only last five reports will be considered, out of which maximum three reports must be in the rank of Hav and in case of shortfall rest may be in the rank of Nk.

(b) At least three out of last five reports should be 'Above Average' with a minimum of two in the rank of Hav and remaining should be not less than 'High Average'.

(c) The individual must have a minimum of two reports on Regimental Duty or as an Instructor in Army Scholl of Instructions, including IMA, NDA, OTA and ACC. out of which at least one should be 'Above Average'. One of the Regimental reports should have been earned in the rank of Hav.

(d) The individual should have been recommended for promotion in all the five repots.

2. It is once again reiterated that details of ACRs for which you had debarred for promotion to the rank of Nb Sub cannot be disclosed as it falls under the section 8 of RTI Act-2005.”

Being dissatisfied, the appellant filed a First Appeal dated 13.01.2021. The FAA order is not on record.

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

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Present through VC.

Respondent: Shri Gurubachan Singh, PIO/Aviation Records, attended the hearing through VC.

The Appellant stated that he is not satisfied with the information provided by the Respondent qua the instant RTI Application.

The Respondent submitted that the Appellant through the instant RTI Application is raising his grievance regarding cancellation of conditional promotion order. He apprised the bench of the fact that as per existing policy five years’ ACR is considered for promotion out of which three ACR should be above average and the remaining two ACR should not be less than high average. Since the Appellant was not meeting the ACR criteria, he was not promoted. He added that details of ACR is exempted information under Section 8 of RTI Act.

The Commission interjected and remarked the Respondent that the Appellant in the instant RTI Application has not sought ACR grading but has only sought information in respect of promotion order in point No. 1 of the RTI Application and cancellation order in point No. 2 of the RTI Application.

The Respondent agreed to provide the relevant information to the Appellant.

Decision:

On perusal of records of the case and examining the facts of the appeal, it is noted that the denial of information by the Respondent citing Section 8 of the RTI Act is not found convincing and appear