Appellant: on the basis of a statement made by a US citizen before the Army, a court martial resulted in his son’s dismissal from service; He wanted to know the number of trips made to India from USA by the US citizen - CIC: Provide the information
O R D E R
1. The appellant filed an RTI application dated 22.01.2014 seeking information regarding the number of trips made to India from U.S.A. by a certain U.S. citizen referred to in the RTI application. The CPIO responded on 12.02.2014. The appellant filed first appeal dated 19.022014 with the first appellate authority. The FAA responded on 14.03.2014. The appellant filed second appeal on 28.10.2014 with the Commission.
2. The appellant and the respondent both participated in the hearing personally.
3. The appellant referred to his RTI application and reiterated the contents of his RTI application.
4. The appellant stated that he wanted information about the number of trips that a specifically named citizen of U.S.A. had made between U.S.A. and India between August, 1999 to December, 2008.
5. The appellant said that he wanted this information because on the basis of a statement made by this U.S. citizen before the Army establishment, a court martial resulted in the appellant’s son’s dismissal from service. The appellant stated that his son was dismissed on the basis of statements made by the U.S. national regarding the number of visits made by this person from U.S.A. between the two countries during the period specified.
6. The appellant said that this person had mentioned that she had made 40 trips or so, and that the facts related to these trips led to the dismissal of his son; and that it was in this connection that he wanted the correct facts to emerge. The appellant said that this person had said that she has visited India 40 times, and on each occasion she came with substantial sums of money and paid large amounts to the appellant’s son.
7. The appellant said that the army has dismissed his son on false statements made by the U.S. national and he wanted to expose the truth, that is why he is seeking information in his RTI application dated 22.01.2014.
8. The appellant said that he is seeking this information for judicial proceedings so that the ends of justice are met.
9. The respondent stated that the Director concerned with this matter is on leave, but the information would be available with the concerned Department.
10. The respondent stated that they will collect the information from the concerned department and will provide it to the appellant.
11. The respondent is directed to provide information to the appellant, within 30 days of this order, about the number of visits made in context of the facts stated in the RTI application. The appeal is disposed of. Copy of the decision be given free of cost to the parties.
Citation: Shri Sarjit Saharan v. Ministry of Home Affairs in Decision No.CIC/VS/A/2014/003589/08844