PIO informed the applicant that RSMB proceedings dated 27.05.2000 is not available with their office, as the same had already been forwarded to PCDA(P), Allahabad - CIC: PIO erred by not transferring the RTI application u/s 6(3) of the RTI Act
The Appellant has sought the following information:
1. The RSMB of the appellant was got done on 30/12/2005, for which he had never made a request. Provide reasons for getting the said RSMB done.
2. The details as mentioned at the first page of the RSMB held on 30/12/2005 are correct or incorrect. The first page was signed by Major J S Brar, Senior Record Officer on 01/02/2005 and details were as under:-
a As above Less than 20% Wef 23/07/1996 to 14/07/1999 Discontinued for five years
b As above Less than 20% Wef 14/07/1999 to 26/05/2005 Discontinued for five years
3. Was the first page of the said RSMB proceedings was completed by filling up the details by PARA Records.
4. And other related information.
Grounds for Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO. The CPIO submitted that the matter was already adjudicated on 22.09.2021 in case no. CIC/IARMY/A/2020/105926.
Based on a perusal of the record, it was noted that the CPIO vide letter dated 20.03.2019 informed the applicant that RSMB proceedings dated 27th May 2000 is not available with their office, as the same had already been forwarded to PCDA(P), Allahabad for the issue of PPO vide Government of India, Ministry of Defence letter dated 26.08.2005 which had already been intimated to the appellant vide letter dated 23.06.2009. He was advised to approach Base Hospital Delhi Cantt. Regarding his percentage of disability he was asked to approach Medical authority.
The Commission observed that the CPIO erred by not transferring the RTI application u/s 6(3) of the RTI Act.
A similar subject matter was decided by this bench on 22.09.2021 of the same appellant in respect of case no. CIC/IARMY/A/2020/105926 and relief was granted. However, the appellant submitted that compliance of the above order does not cover the present issue and separate relief is required.
In view of the above, the CPIO is directed to take assistance from Base Hospital Delhi Cantt and Medical authority u/s 5(4) of the RTI Act and provide a revised reply to the appellant within 20 days from the date of receipt of the order.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Citation: Ram Kishan v. CPIO Records, The Parachute Regiment in File no.: - CIC/IARMY/A/2020/674422, Date of Decision: 03/11/2021