Page 1 of 10 First Appeal As per section 19(1) of Right To Information Act 2005 before First Appellate Authority Under RTI Act 2005 Provost Marshal & Appellate Authority,Adjutant General Branch, Integrated Headquarter of MoD (Army) Room No 421-A, 'B' Wing, Sena Bhawan, New Delhi 110011 Appeal Date: 18-MAY-2012 Rithesh Yashwanth Singh 1 Appellant details D311, R. P. Hall, IIT Kharagpur, Paschim Midnapur, West Bengal – 721302. RTI Application Sent on 2 Annexure – A: Copy of RTI Application 14-Mar-2012 Chronological order of events 07-Feb-2012 PIO Response received on & 27 Mar Annexure – B : Copy of PIO 12(Recd on Responses 20 & 31 Mar ) First Appeal filed on 3 4. 5 PIO details Particulars of RTI application Particulars of PIO response 18 –May-12 Col Binod Kumar and Maj P Nagraj Enclosed in Annexure A: Copy of RTI Application Response Received on Order/Letter No. Two responses has been received so far on 20 & 31 Mar 12 respectively. A /810027/ RTI/9108 dt 14 & 27 Mar 12 Aggrieved by the response of PIO because 6 Reasons for appeal 1. PIO has malafidely denied the request for information and has knowingly given incorrect, incomplete and misleading information. 2. PIO has quoted Section 8 (1) (a) of RTI Act 2005 to deny the information where as any tour done on Govt expense is under the purview of RTI Act 2005. Example of CIC decision on similar matters is enclosed as Annexure C. Information sought 7 ( As in RTI application ) Refer Annexure - A Please provide me the subject information with reference to following points ( 1 to 4): 1. Was the movement of Additional Director General Administration and Coordination, Integrated Head Quarters of Ministry of Defence (Army) to Jhansi from 05 February 2012 to 07 February 2012 an official movement. If Yes, what was the purpose / aim of the same. If No, was he on leave for mentioned Page 2 of 10 duration. 2. If the movement was official ( Temporary Duty) then please provide information regarding Name, Designation and address of authority / authorities in channel, who have sanctioned / permitted the move of Additional Director General Administration and Coordination, Integrated Head Quarters of Ministry of Defence (Army) to Jhansi from 05 February 2012 to 07 February 2012. 3. Rank and appointment of the officers to whom Protocol Officers are supposed /authorized to be given. Please mention the authority. As per the rule, is a Protocol Officer authorized to Additional Director General Administration and Coordination, Integrated Head Quarters of Ministry of Defence (Army). 4. Name, designation and postal address of the officer/ authority to whom cases of irregularities pertaining to general officers can be reported. 1. PIO has purposefully delayed in provisioning the asked information so as to provide a safe passage to the person affected under this RTI application. 2. PIO has used the words like “ MAY BE PROVIDED “ and “ SUBJECTED TO AVAILABILITY “ which is a clear denial of veru basic of principle of information. 3. PIO has purposefully replied in parts so as to let this application suffer a slow death and meanwhile the appointment who is affected under the information finds a safe place. 4. PIO has purposefully used the words like “ BEING ASCERTAINED” whereas it is clearly mentioned in section 7 (1) of RTI Act 2005 that information must be provided within 30 days. If information was not available with PIO, he should have then followed section 6 (3) of RTI act 2005 and 8 Brief facts leading transferred the application to the concerned office, under intimation to the to appeal applicant. 5. Applicant has been smartly denied information by the means of clever tracts used by PIO. 6. The matter asked vide RTI application is of serious importance so as to ascertain the correctness of use of military protocol and equipment. 7. Applicant is afraid of the fact that, either information has been destroyed, or purposefully being denied through a smart way to keep everything pending. 8. PIO response is completely against the very AIM of RTI Act 2005 and makes a mockery of an organization like Indian Army. 9. It seems that PIO has no knowledge and pursuit of RTI ct 2005 and application of various Sections. 10. Because response of PIO puts the image of Indian Army in bad lights. 9 Prayer/relief sought for 1. Please direct PIO and concerned departments to provision information in correct form and avoid quoting various chapters and sections of RTI Act 2005 arbitrarily. Page 3 of 10 2. PIO be instructed to avoid using smart tracts to kill the spirit of RTI Act 2005. 3. . Also, recommend to impose a penalty of Two Hundred and fifty Rs each day on the PIO till information is furnished. (Section 20 (1)) 10 11 12 13 Reasons / Grounds for this Appeal Presence for Hearing PIO, has malafidely denied the request for information, quoting misleading and incorrect clauses and has purposefully delayed ( More than 30 days ) in provisioning of information to the applicant. NO Verification / I hereby state that the information and particulars given above are true to the Declaration best of my knowledge and belief. Signature of Appellant Place: Kharagpur Date : 18-May-2012 Ritesh Yashwant Singh 1) Annexure – A: Copy of RTI Application 14 Enclosures(s) 2) Annexure – B: Copy of PIO Responses 3) Annexure - C : Excerpts of CIC decision on similar matter. 4) Proof Of Identity of Applicant. 1. Indian News Paper Society, 15 Copy To 501 , Rafi Marg, New Delhi -01 Total number of pages including enclosure(s): 10 (Ten only) Page 4 of 10 FORM -1 Form of application for seeking information under the Right to Information Act,2005. To :Additional Directorate General of Army Education RTI Cell, G-6, D-1 Wing, Sena Bhawan Integrated Headquarter of MoD (Army) DHQ PO, New Delhi 110011 Telephone No - 011 23019585 Fax No - 011-23335675 Applicant :Ritesh Singh D311, R. P. Hall, IIT Kharagpur, Paschim Midnapur, West Bengal, PIN – 721302. Subject : Information regarding movement of Additional Director General Administration and Coordination, Integrated Head Quarters of Ministry of Defence (Army) to Jhansi from 05 Feb 12 to 07 Feb 12. Sir, Please provide me the subject information with reference to following points ( 1 to 4): 1. Was the movement of Additional Director General Administration and Coordination, Integrated Head Quarters of Ministry of Defence (Army) to Jhansi from 05 February 2012 to 07 February 2012 an official movement ? If Yes, what was the purpose / aim of the same ? If No, was he on leave for mentioned duration ? 2. If the movement was official ( Temporary Duty) then please provide information regarding Name, Designation and address of authority / authorities in channel, who have sanctioned / permitted the move of Additional Director General Administration and Coordination, Integrated Head Quarters of Ministry of Defence (Army) to Jhansi from 05 February 2012 to 07 February 2012. 3. Rank and appointment of the officers to whom Protocol Officers are supposed /authorized to be given. Please mention the authority. As per the rule, is a Protocol Officer authorized toAdditional Director General Administration and Coordination, Integrated Head Quarters of Ministry of Defence (Army). 4. Name, designation and postal address of the officer/ authority to whom cases of irregularities pertaining to general officers can be reported. Note : You are requested to follow section 7 (3) of RTI Act 2005 for providing information / providing with the photocopies of supporting documents related to the informations requested above. 5. Details of Applicant : (a) Name of the Applicant: Ritesh Singh Page 5 of 10 (b) Address at which Information is Desired: D311, R. P. Hall, IIT Kharagpur, PIN – 721302. Paschim Midnapur, West Bengal, (6) Details of application fee: ( a ) An Indian Postal Order bearing machine no _______dated __________for Rs 10 is enclosed herewith as application fee as per RTI Act 2005 ( b) Any additional cost / fee as required may be communicated. Place : Kharagpur, WB Date : 02- 02-12 ( Ritesh Singh) Page 6 of 10 Annexure ‘B’ (Ref Para Page 7 of 10 Page 8 of 10 Annexure ‘C’ http://post.jagran.com/CIC-asks-PMO-to-make-foreign-visit-details-of-Sonia-Gandhi-public-1307970304 CIC asks PMO to make foreign visit details of Sonia Gandhi public Posted on: 13 Jun 2011, 06:35 PM CIC seeks foreign visit details of Sonia New Delhi: The Central Information Commission (CIC) has asked the Prime Minister’s Office (PMO) to provide details of the foreign visits undertaken by National Advisory Council Chairperson Sonia Gandhi and the expenses incurred on those trips. The CIC gave its directive following the plea of one Hissar-based RTI applicant Ramesh Verma who had sought to know from the PMO, information on the foreign visits of Sonia Gandhi, the costs incurred on them, benefits and purpose of these visits. Pulling up the PMO for "casual handling" of the RTI application in this regard, Chief Information Commissioner Satyananda Mishra directed it to ensure, in future, that information seeking pleas should be sent to concerned ministries only. "One thing is for sure that, in this case, the RTI request has been handled very casually. It was originally addressed to the CPIO of the PMO. CPIO should have taken care to find out which exact Ministry in the Central Government was concerned and should have transferred the application to that Ministry or Ministries. "Instead, the application was forwarded from one place to another, resulting in so much delay," he said. "It seems Parliamentary Affairs Ministry had informed that the Central government had incurred no expenditure on the foreign visits of Sonia Gandhi during the last 10 years.” "However, the Cabinet Secretariat has no knowledge if any information has been given to the applicant in respect of her foreign visits as Chairperson of the National Advisory Council," Mishra pointed out directing to provide details. The application received by the PMO on February 26, 2010 was transferred to External Affairs Ministry on March 16, 2010 and further forwarded to Parliamentary Affairs Ministry on March 26, 2010. Give details of UK visit of SM Krishna: CIC Posted on: 30 Dec 2011, 05:45 PM http://post.jagran.com/Give-details-of-UK-visit-of-SM-Krishna-CIC-1325247325 New Delhi: The Central Information Commission has directed the External Affairs Ministry to make public details of "private visit" undertaken by its Minister S M Krishna to the United Kingdom in June this year. Based on media reports that Krishna got his five-day visit in June this year extended to watch a Wimbeldon match, activist Subhash Agrawal had sought to know from the External Affairs Ministry complete information on purpose of the trip and file notings made while planning it. He also sought to know daily programme schedule of his visit. Both queries were denied by the Ministry saying disclosure may have an impact on foreign relations. Page 9 of 10 After perusing the file related to the visit of the Foreign Minister, Gandhi said some file specially the pages, where it was mentioned that extended period of visit was private for which the Minister made payments from his pocket, can be disclosed. "Page six of the noting may be relevant since it mentions that the Foreign Minister's visit for second and third July 2011 was private and payment for these days has been made by the Minister," Gandhi said while directing to disclose this information after severing the sensitive portions. He accepted the plea of Ministry that the record of discussions of the Foreign Ministers with various people of different countries could not be disclosed. Gandhi, however, directed the Ministry to disclose Program Schedule made before the visit titled "Suggested Tentative Program for the visit of S M Krishna Hon’ble Minister of External Affairs" after blanking out mobile phone numbers mentioned in files. Give details of UK visit of External Affairs Minister SM Krishna: CIC http://articles.economictimes.indiatimes.com/2011-12-30/news/30572752_1_notings-visit-united-kingdom PTI Dec 30, 2011, 04.56pm IST CIC NEW DELHI: The Central Information Commission has directed the External Affairs Ministry to make public details of "private visit" undertaken by its Minister S M Krishna to the United Kingdom in June this year. Based on media reports that Krishna got his five-day visit in June this year extended to watch a Wimbledon match, activist Subhash Agrawal had sought to know from the External Affairs Ministry complete information on purpose of the trip and file notings made while planning it. He also sought to know daily programme schedule of his visit. Both queries were denied by the Ministry saying disclosure may have an impact on foreign relations. After perusing the file related to the visit of the foreign minister, Gandhi said some file notings specially the pages, where it was mentioned that extended period of visit was private for which the Minister made payments from his pocket, can be disclosed. "Page six of the noting may be relevant since it mentions that the Foreign Minister's visit for second and third July 2011 was private and payment for these days has been made by the Minister," Gandhi said while directing to disclose this information after severing the sensitive portions. He accepted the plea of Ministry that the record of discussions of the Foreign Ministers with various people of different countries could not be disclosed. Gandhi, however, directed the Ministry to disclose Program Schedule made before the visit titled "Suggested Tentative Program for the visit of Mr. S. M. Krishna Hon'ble Minister of External Affairs" after blanking out mobile phone numbers mentioned in files. Page 10 of 10