Strategic Forces Command is exempted from the purview of the RTI Act u/s 24(2) of the Act; PIO, Headquarters, should take assistance u/s 5(4) of the RTI Act from 218 Medium Regiment and Unit 732 and send the replies received from them to the appellant16 Nov, 2022
The appellant has sought the following information:
1. Provide a copy of the Part-II Order in respect of his two children, viz. Miss Tejaswi Singh and Master Eeshaan Singh.
2. Provide copies of all the related documents pertaining to the marriage of the appellant and Part II Order including declaration certificate.
3. Provide a complete copy of the file relating to his marital discard case.
4. And other related information.
Grounds for filing Second Appeal
The CPIO did not provide the desired information claiming exemption us 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: of the RTI Act.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is now posted in Unit 732 and information should be provided to him. The CPIO submitted that the Headquarters, Strategic Forces Command should be dropped as respondent and the 218 Medium Regiment is the custodian.
The CPIO vide written submissions dated 28.10.2022 submitted that Strategic Forces Command is exempted from the purview of the RTI Act u/s 24(2) of the Act. However, points no. 2(a) to (c) and (e) were forwarded to 218 Medium Regiment by Unit 732 and the same was transferred to them u/s 6(3) vide letter dated 22.03.2021. The Commission observed that either 218 Medium Regiment or Unit 732 should provide an updated reply on the relevant points transferred to them depending on who has the information. However, at this juncture to avoid further delay, the CPIO, Headquarters, Strategic Forces Command should take assistance u/s 5(4) of the RTI Act from 218 Medium Regiment and Unit 732 and send the replies received from them to the appellant.
Lt Col Mahipal Lather, Joint Director (Legal) and CPIO is hereby directed to serve a copy of this order to both the units and provide the relevant information received from the Units u/s 5(4) of the RTI Act, to the appellant within 15 days from the date of receipt of the order.
The appeal is disposed of accordingly
Vanaja N. Sarna
Citation: Mukesh Kumar v. The CPIO Headquarters, Strategic Forces Command, PIN- 938547, C/O 56 APO, File No. CIC/IARMY/A/2021/132378, Date of Decision: 02.11.2022