Appellant: I have submitted my personal application to PMO and without hearing of witness or awaiting outcome representation, I was fired from Air Force - CIC: PIO has provided the information which is available on record; No further intervention needed
11 Oct, 2024
Information sought and background of the case:
The Appellant filed an RTI application dated 18.01.2023 seeking information on following points:-
(a) “while on posted strength of 19 wing, AF I was tried by a GM from 20 Aug 93 - 15 Sep 93 Under Section 66 (e) and 65 of Air force Act 1950. A copy of the Charge sheet is annexed as FLAG E to as email. this GCM Convened on the basis of my confession statement without proving before the Court. Such action was legal.
(b) I have submitted my personal application to Hon’ble PM Office on 08th Dec 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. copy of the same is annexed. The out come of my representation not yet come, I was fired without hearing of witness Mr. Ajay Kumar related this charge no. 07. He was not called to prove and identify of his Answer sheet. My Conviction was illegal and baseless.”
The CPIO, Prime Minister's Office, New Delhi vide letter dated 09.02.2023 replied as under:-
“………. In this regard, it is stated that No other Public Authority can be directed under the provisions of RTI Act, 2005. If you have not received any response from the Public Authority concerned or you are not satisfied with the response, you may prefer an Appeal to Appellate Authority in the concerned Public Authority as per provisions of the Act. The Second Appeal can be filed with the Central Information Commission/State Information Commission.”
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.02.2023. The FAA vide order dated 16.03.2023 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present
Respondent: Shri Pravesh Kumar ,US& CPIO
The submissions of both the parties were heard.
Decision:
Upon the perusal of the records the CPIO has provided the information to the Appellant has been provided with the information which is available on record.
Keeping in the view of the case and the submissions made, the commission is of the view that an appropriate response as per the RTI Act, 2005 has been provided by the CPIO no further intervention of the commission is required in the instant matter. Hence, with the above observation, the second appeal stands disposed off.
The appeal is disposed of accordingly.
Heeralal Samariya
Chief Information Commissioner
Citation: Shri S P Misra v. Prime Minister's Office, CIC/PMOIN/A/2023/128495, Date of Decision: 04.09.2024