Names of stations notified as field areas, modified field, CI Ops areas in Eastern Command was denied u/s 8(1)(a) - PIO: the overall strategic plan would be disclosed as the area is re-classified every three months - CIC: provide part information
27 Jan, 2014Names of stations notified as field areas, modified field, CI Ops areas in Eastern Command was denied u/s 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; - PIO: the area is re-classified every three months and the units are shifted accordingly, disclosing the entire information will bring the overall strategic plan of the defence force in these sensitive areas - CIC: on specification of the unit by the respondent, part information can be provided; the matter was remitted to the FAA
ORDER
1. The appellant filed an RTI application dated 22.12.2012 addressed to CPIO, Additional Directorate General of Army Education, RTI Cell seeking information on (vii) points. The appellant sought to know the names of stations notified as field areas in Eastern Command as on date, names of stations notified as modified field areas in Eastern Command as on date, names of stations notified as CI Ops areas in Eastern Command as on date etc. The CPIO vide letter dated 18.1.2013 replied as under: “Information on Paragraphs 3 (i) to (vii): It is intimated by AG/PS-3(a) vide their note no. B/20984/RTI/AG/PS-3(a)/98 dated 10 Jan 2013 that information sought by you pertain contents of Government of India letter No. 37269/AG/PS- 3(A)/90/D(Pay/Services) dated 13 Jan 1994 and Government of India letter No. 37269/CI/AG/PS3(a)/121/D(Pay/services) dated 14 Jan 1994, both of which are classified as “Restricted.” As such, info sought can not be provided under the provisions of section 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; of RTI Act, 2005.”
2. The appellant filed first appeal dated 18.2.2013 mainly on the grounds that mere classification of a letter as “restricted” is per se no reason to attract the exemption under section 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; of RTI Act 2005 and that the said letter has also been part of even some tribunal /court cases and are thus in public domain, one of such case being in the AFT Chandigarh Bench. The first appellate authority vide order dated 26.3.2013 upheld the reply of the CPIO, however, the FAA held that the appellant may inspect desired document in the office of AG/PS-3(a) after fixing date and time of inspection. The appellant reiterates in his second appeal that these letters relate to entitlements for pay and allowances of army personnel and defence civilians and disclosure of information contained therein cannot prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence.
3. During the hearing the respondent has apprised the Commission that there are various categories of area like modified area, field operation area, counter insurgency area, peace area etc and that the information sought by appellant pertains mainly to the north eastern region of the country. The respondent submits that the zone/area is re-classified or renewed every three months and the units are shifted accordingly. The respondent submits that if the appellant specifies the concerned unit for which the information is sought, the information can be provided to the appellant. The respondent submits that disclosing the entire information will bring the overall strategic plan of the defence force in these sensitive areas.
4. The Commission finds merit in the submissions of the respondent that disclosure of the entire information as sought by the appellant would attract provisions of section 8 (1) (a) of the RTI Act, however, in view of the submissions of the respondent that on specification of the unit, part information can be provided, the Commission hereby remits the said RTI application to the first appellate authority with regard to point no. (1) to (4) and (6) to (7) for passing a speaking order with respect to these points within ten days from the receipt of the said specification from the appellant. The appellant shall provide the said specification to the first appellate authority within one week from the receipt of the order. The respondent may apply provisions of section 10 of the RTI Act after passing of speaking orders in relation to the same.
Sushma Singh
Information Commissioner
Citation: Mr Ajay Kumar v. Ministry of Defence in Case No. CIC/LS/A/2013/001300/SS