Application was filed online with MES regarding accommodation at Air Force Station, Gurgaon - CIC: PIO erred in not transferring the RTI application u/s 6(3) of the RTI Act to the concerned Section; Complaint converted into appeal u/s 19 of the RTI Act
The Complainant has sought the following information regarding accommodation (P-56/2) at Air Force Station, Sohna Road, Gurgaon:
1. Provide the copy of complete contract document under which latest renovation work (all the work including electrical and B&R) has been done in the said building /quarter no. P-56/2 before allotment to him on 07 Aug 2019.
2. Provide complete details of renovation work done in the said quarter.
3. Provide the copy of work order/supply order issued. If no work order specific to the said building is available, then provide complete work order under the said contract.
4. And other related information.
Grounds for filing Complaint
The CPIO did not provide the desired information.
Submissions made by Complainant and Respondent during Hearing:
The complainant was not present at the CIC VC Venue despite due service of notice on 23.07.2021 vide speed post acknowledgment no. ED509196100IN. The CPIO submitted that the then CPIO was Lt Col Stanley who had not transferred the RTI application u/s 6(3) of the Act. However, the same was done on 31.07.2021 to GE Air Force Gurgaon.
Based on a perusal of the record, it was noted that the CPIO on 26.11.2019 disposed of the RTI application online with the following remarks:
“Air Force Station, Sohna Road, Gurgaon Quarter no. P 56/2 is not under this office. Therefore, no detail is available as per your request.”
The FAA, CE (NFG) MES vide order dated 28.11.2019 disposed of the first appeal and held that CWE (AF) Palam is not the FAA for GE (AF) Gurgaon to whom the RTI application is addressed, as the same is not under AOR of their office. The FAA is not reflected on the RTI Website also. He was advised to find out the same from GE (AF) Gurgaon.
The RTI was filed online with MES, therefore, the CPIO erred in not transferring the RTI application u/s 6(3) of the RTI Act to the concerned Section. Further, the complainant in his complaint requested for information as well as penalty on CPIO. The complainant alleged the CPIO had deliberately obstructed the information by not transferring the RTI application.
As he sought information in his complaint memo, the case is converted into appeal u/s 19 of the RTI Act.
The CPIO is directed to take assistance from GE Air Force Gurgaon, and provide information to the appellant within 7 days from the date of receipt of the order.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Citation: Ahul Soman v. HQ Commander Works Engineer (AF), Military Engineer Services in File no.: CIC/MESER/C/2019/659402, Date of Decision: 17/08/2021