Re: [HumJanenge] False information by Indian Army (PA) to Information Commissioner during 2nd Appeal

Dear Col. Johar,

I fully agree with your views. In response to my this mail i got a respected member's comment 'Use discretion while using the power of RTI against Army. After all army is the foremost National security agency......" In this regard, what I want to say that I am neither anti-national nor anti-army. The fact that my RTI Application was entertained itself shows that my request for information was not related to security/confidential issues. Otherwise, my application would have been rejected in the beginning itself, had i asked for information exempted under this act. Now its true army is the prime agency for national security but this fact does not negate my rights as a bonafide citizen of the this country, till the time i am within law.

Thank YOU

Regards

Sumit Jha

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From: virender johar <virender.johar@gmail.com>
To: humjanenge@googlegroups.com
Sent: Fri, 7 January, 2011 8:22:12 PM
Subject: Re: [HumJanenge] False information by Indian Army (PA) to Information Commissioner during 2nd Appeal

I feel Members on this link are getting emotional for no reason. PIO's are meant to provide the information under RTI. If a PIO does not provide the info what is one expected to understand. Obviously the PIO is hiding something which he does not want to come in the public domain.
 We the members need to put all pressure and assist each other and in one voice prevail on the PIO's to reveal the information howsoever it damaging it may be to their predecessors / bosses.

Hope you all agree.

 

Regards,

 

Col Johar

 

On 7 January 2011 12:40, Abhimanyu <who.will.file.rti@gmail.com> wrote:

YOU ARE WRONG .

 NO ONE IS USING INFORMATION TO HARASS ANY ONE.

 

WE WANT PUBLIC SERVANT TO DO ONLY RIGHT THINGS.

On Thu, Jan 6, 2011 at 11:10 PM, Rakshpal Abrol <rakshpal.abrol@yahoo.co.in> wrote:

The RTI Act,2005 is meant to get the information,which otherwise kept secret.

It is being noticed that mejor playrers are using it as atool to get certain information to

harass the bueaucrats. 
 

 

Warm regards,

 

Rakshpal Abrol
Consumer Activist
9820203154
rakshpal.abrol@yahoo.co.in

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From: Sumit Jha <sumitjha5@yahoo.co.in>
To: humjanenge@googlegroups.com
Sent: Wed, 5 January, 2011 12:31:55 AM
Subject: [HumJanenge] False information by Indian Army (PA) to Information Commissioner during 2nd Appeal

Dear Members,

 

I am sure, all of you will be surprised to know the extent to which Indian Army can go to avoid providing information under RTI, Act. In this matter, when I filed appeal to CIC against the orders of FAA and CPIO, the representatives of the Public Authority (Indian Army) namely Brig. Ved Prakash and Col. Ajay gave false information to the Information Commission. Based on this information, IC decided my appeal which ultimately went against me. I recently filed another RTI Application to Indian Army and the CPIO's reply clearly shows that the information provided by the Army Representatives to IC was false/wrong. So, today I sent a complaint to the Information Commissioner with a copy to Chief Information Commissioner with the request to direct Indian Army to provide me with the information sought and that CIC should initiate/recommend legal action against the representatives of the PA who provided false information.

 

I have given below the exact matter in brief. This is for your information and comments.

 

Thank You

 

Sumit Jha

New Delhi

-----------------Matter in Brief-------------

In Indian Army it is a rule that Brigadier and above rank officers have to take prior permission from competent authority of Army in order to join commercial employment, if they wish to join within two years of retirement.

 

So, I had sought to know from the CPIO, Indian Army, whether Brig. ABC had sought permission from the competent authority as per rules before taking up a job with a private organisation after his retirement. The CPIO had refused to disclose this information in terms of section 8(1)(e) of the RTI Act (Information held in fiduciary capacity). The AA had upheld the decision of CPIO.

 

I appealed against the order of AA to CIC, heard on 4.2.2010. Col. Ajay, representing PA, submitted that the records relating to the present matter are retained by the Army authority only for a period of 03 years and since the matter is of 2002, these records have been destroyed and so not possible to provide any information.

 

Decision of IC, Shri M.L.Sharma: The denial of information on the ground of the requested information being kept in fiduciary capacity is not sustainable in law. However, given the fact that the PA is not retaining the relevant records, at present, appeal has become purely of an academic interest. Hence the matter is closed.

 

PRESENT MATTER: I recently filed another RTI Application with CPIO, Indian Army, to know about the period for which such information is kept. The CPIO informed me that such information is kept for FIFTEEN years. As per information, even after fifteen years, when the file is destroyed, certain information is noted down in the veteran register to meet future requirement. A copy of the letter is attached.

 

THEREFORE it is very clear that the public authority not only provided false information to the Hon'ble Information Commissioner but tried to dissuade him from taking the right decision by taking concocted pleas. Also, PA deliberately tried not to reveal the information despite provisions in the RTI Act.

 

My Submission:

1. PA may kindly be directed to provide me with the complete information at the earliest.
2. The Central Information Commission may kindly recommend/initiate suitable legal action against the PA for providing wrong information to the Hon'ble Information Commissioner, thereby trying to subvert the decision making process of the commission.