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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/DPTMA/A/2025/613187

Rajkumar ….अपीलकता(cid:330) /Appellant

VERSUS बनाम

The CPIO ….(cid:366)ितवादीगण /Respondent

(RTI Cell), RTI Cell, Department of Military Affairs, Addl DG AEG-6, D-1 Wing, Sena Bhawan,

South Block, New Delhi-110011 Gate No .- 4, IHQ of MoD (Army), New Delhi - 110011

Date of Hearing : 28.07.2026 Date of Decision : 31.07.2026

INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL

Relevant facts emerging from Second Appeal:

RTI application filed on : 14.01.2025 CPIO replied on : 15.01.2025; 28.03.2025

First appeal filed on : 27.01.2025 First Appellate Authority’s : 17.03.2025

order

Second Appeal dated : 20.03.2025

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Information sought:

1. The Appellant filed an RTI application on 14.01.2025 seeking the following information :

“As per IHQ of MoD (Army) (MP-3) Note No B/10201/LMC/MP-3(B-III) dated 08 Jul 2024 persons rendered unwillingness to continue in sheltered appointment shall be deemed to be discharged at their own request. Discharge of such persons from service will be governed by

following clauses of Army Rule 13 :-

1) JCO -13 (3)(l)(i)(b)

2) OR -13 (3)(III)(iv)

Please provide following information:-

1) From which date these changes made vide the above mentioned letter will be effective?

2) What about NCOs/OR of Army discharged from service by Record Offices from 21 Sep 2023 to 30 Jun 2024 under provisions of Army Rule 13(3)(Ill)(iii) (a)(i) due to being unwilling continue in sheltered appointment and their retention also not recommend by CO unit? Will

these persons also be affected by the above mentioned letter?

2. The CPIO, Department of Military Affairs furnished a reply to the appellant on 15.01.2025 stating as under:

“REQUEST DISPOSED OF:

It is intimated that no specific information as defined in section 2 (f) of RTI Act 2005 has been sought by you. Your request for information is interrogatory in nature and seeking clarification, which is out of purview of RTI Act 2005 and PIO is not obliged to provide the same. It is clarified that only such information can be supplied under the Act which already

exists and is held by the public authority and sought for in clear terms.”

3. Being dissatisfied, the Appellant filed a First Appeal on 27.01.2025. The FAA vide its order on 17.03.2025 stating as under:

“ORDER OF THE APPELLATE AUTHORITY ON THE APPEAL BY SHRI RAJKUMAR UNDER SECTION 19 (1) OF THE RIGHT TO INFORMATION

ACT-2005

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1) WHEREAS, Shri Rajkumar vide application dated 14 Jan 2025, had sought information under Right to Information Act 2005.

2) AND WHEREAS, the CPIO at Integrated Headquarters of MoD (Army), had provisioned online reply to the said application on 15 Jan 2025.

3) AND WHEREAS, aggrieved by the response of the PIO at Integrated Headquarters of MoD (Army), Shri Rajkumar preferred an appeal dated 27 Jan 2025, under the provisions of section 19 (1) of the said Act, stating that he is not satisfied with the information provided as

requested vide his application dated 14 Jan 2025.

4) AND NOW THEREFORE, after having perused all the records and after hearing views of the nodal officer, I find that online reply provisioned to the appellant by the CPIO on 15 Jan 2025 is hot appropriate.'I, further direct CPIO to obtain appropriate reply from concerned agency of Integrated Headquarters of Ministry of Defence (Army) and provision

the same to the appellant within two weeks on receipt of this order.

5) The appeal is therefore disposed of accordingly.”

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

5. In compliance of FAA order the CPIO, IHQ of MoD (Army) furnished a reply to the appellant on 28.03.2025 stating as under:

“1) Refer Speaking Order of the Appellate Authority issued vide their letter No B/87008/AG/PM/ RTI-72