PIO stated that it is a policy matter of the organization’s internal administrative domain and cannot be disclosed being sensitive in nature; No provision of the RTI Act quoted - CIC: Copy of the policy regarding postings of soldiers can be given
28 Jan, 2023Information Sought:
The Appellant has sought the following information
1. For how many years a soldier is posted in Field, Peace, High Altitude, NCC, ERE etc., How many postings will be given for peace/ family station after field/ non-family station posting.
2. Provide a copy of the policy regarding the same.
Grounds for Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant in second appeal has stated that she wants the information as she has not been given the correct answers to her queries. However, he was not present at the VC venue despite notice sent vide speed post acknowledgment no.ED236998663IN.
The CPIO was unable to explain why the copy of the policy was not provided but on discussion agreed to send the same to the appellant.
Observations:
From the records of the case, it is noted that the CPIO denied the information stating that it is a policy matter of the organization’s internal administrative domain and cannot be disclosed being sensitive in nature. The CPIO has however not quoted any provision of the RTI Act to claim this exemption and to this extent this is an incomplete reply. It is also noted that while the information sought in point no. 1 is a query and interrogative in nature, which is not covered under Sec 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, however the copy of the policy regarding postings of soldiers can definitely be given. The CPIO was asked during the hearing as to why the second point information cannot be given to which he stated that it is a policy matter, but he could not explain the denial. He therefore agreed to provide the policy as available to the appellant.
Decision:
In view of the above, the CPIO is directed to send a copy of the relevant policy regarding transfers at the level of soldiers to the appellant within 5 days from the date of receipt of the order.
The appeal is disposed of accordingly
Vanaja N. Sarna
Information Commissioner
Citation: Ms. K Radha v. Army Medical Corps Record Office, File no.: CIC/IARMY/A/2021/155190, Date of Decision: 17/11/2022