PIO: No document indicating specific Charter of Duties of LDC, UDC & OS is available in the Directorate; Army Head Quarter has 28 Line Directorate and all of them are independent appointing authority - CIC: No intervention required
5 Jun, 2024
Information sought:
The Appellant filed an RTI application dated 29.10.2022 seeking the following information:
“Please intimate the rank wise clerical duties (LDC, UDC & OS) of Defence Civil Employees along with copy of authorities under which the said duties are specified.”
The CPIO furnished a reply to the Appellant on 29.11.2022 stating as under:
"In this connection, it is intimated that no such document indicating specific Charter of Duties of LDC, UDC & OS is available in this Dte.”
Being dissatisfied, the appellant filed a First Appeal dated 24.12.2022. The FAA vide its order dated 20.01.2023, held as under:
“After having perused all the records and after hearing views of the nodal officer, I find that appropriate reply has already been provisioned to the appellant by the CPIO vide RTI Cell letter No A/810027/RTI/OF-76049 dated 29 Nov 2022. I, therefore, uphold the decision of the CPIO. However, I, direct CPIO to transfer the initial application and first appeal to CAO.”
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent
Respondent: Ms. Sumita Pattanayak, CPIO, IHQ of MOD (Army) and S K Mishra Dy. DIR, appeared in person
The respondent while defending their case inter alia submitted that they had already informed the appellant that no such document indicating specific Charter of Duties of LDC, UDC & OS is available in this Directorate (Dte.). The respondent further submitted that the Army Head Quarter is 28 Line Directorate and all of them are independent appointing authority and they make their own charter of duties and no common charter of duties are available with them. The respondent stated that if the appellant provides name of the specific department, then the information sought could be provided.
Besides, they informed that they tried to contact the appellant over the mobile number given in the RTI application but the same found not reachable. Therefore, they could not identify as to which office/department’s charter the appellant wanted.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the records, notes that the respondent has provided point-wise reply to the appellant vide letter dated 29.11.2022.
The respondent during the hearing submitted that the Army Head Quarter has 28 Line Directorate and all of them are independent appointing authority, and they make charter of duties of their own. There is no common charter of duties is available with the respondent. The respondent stated that if the appellant provides name of the specific department, then the information sought could be provided.
Further, the appellant neither filed any written objection nor presented himself before the Commission to controvert the averments made by the respondent and further agitate the matter. The Commission finds that appropriate reply has been given by the respondent and inference from the Commission is not required in the matter.
The appeal is dismissed accordingly.
Vinod Kumar Tiwari
Information Commissioner
Citation: Kirti Deodhar v. IHQ of MoD (Army), CIC/IARMY/A/2023/109142; Date of Decision : 18-03-2024