Appellant is aggrieved as his case was not transferred to the Chandigarh Bench; PIO affirmed that the case was already transferred - CIC: PIO, Principal Bench to send a suitable reply to the appellant regarding the provision of free legal assistance
5 May, 2023Information Sought:
The appellant is a senior citizen of 81 years. He has filed various complaints in AFT, Lucknow. He has sought the following information in this regard:
1. What are the provisions of free legal assistance that he can obtain regarding his case pending before AFT, Lucknow Bench.
2. His case may be transferred to the AFT, Principal Bench, New Delhi.
3. And other related information.
Grounds for filing Second Appeal:
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not present at the VC venue despite due service of notice. The FAA AFT Principal Bench apprised the Commission that there is provision for free legal assistance which is provided by Legal Services Authority. He agreed to send a reply to this effect to the appellant.
Observations:
This bench took note of a previous order dated 17.10.2022 where the applicant had sought certain information from AFT Lucknow. The order reads as follows.
“The appellant submitted that his case was not transferred to the Chandigarh bench despite request. The CPIO submitted that at least 32 RTI applications, were filed by the appellant since 2016 in respect of his service grievance relating to service pension and disability pension.
Observations:
At the outset, it is relevant to mention here that the first appeal was premature, however, the FAA had disposed of the same. The CPIO and the FAA had provided a point-wise reply. The Commission could not comprehend the contents of the second appeal and therefore, asked the appellant to explain what information he is pressing for, as it appeared that he is aggrieved as his case was not transferred to the Chandigarh Bench. However, the CPIO affirmed that the case was already transferred.
Decision:
The CPIO is accordingly directed to send a revised reply to the appellant informing him the case details and the relevant copy of the order through which the case was transferred to Chandigarh Bench, within 7 days from the date of receipt of the order.”
The CPIO Lucknow Bench vide written submissions dated 10.03.2023 submitted that the original application diary no. 1383/2016 was defective and declined to be registered as the defects were not rectified within the time prescribed. The matter was placed before the Court. The Court rejected the case on 01.08.2016 on the ground of non-maintainability. He also submitted the details of other petitions. Further, he submitted that the case of the appellant has been transferred to AFT (RB) Chandigarh on 04.08.2022. He further submitted that the present RTI application was received without proper RTI fee.
The general query regarding free legal assistance regarding his case pending before AFT, Lucknow Bench now (Chandigarh) can be provided.
Decision:
The CPIO, Principal Bench is directed to send a suitable reply to the appellant regarding the provision of free legal assistance in the interest of transparency within 7 days from the date of receipt of this order.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Information Commissioner
Citation: Ramdin Tiwari v. Armed Forces Tribunal, Regional Bench Lucknow and Armed Forces Tribunal (PB), File no.: - CIC/MOLAJ/A/2022/103823/DODEF; Date of Decision : 15/03/2023