Obfuscation in providing information on legal cases

The RTI Application

SYS/RTI/MoD/2013                                                           05 Nov 13

To,

Under Secretary D (Pension/Legal) - II and CPIO,

(For kind attention of Shri R K Arora),

Room No. 225 A, B Wing,

Sena Bhawan,

New Delhi 110 011

REQUEST FOR INFORMATION: LITIGATION BY MoD

Sir,

Please provide the information in the format given below (Section 7 (9) of the RTI Act 2005 refers): -

CASES FILED IN LOWER COURTS, HIGH COURTS AND SUPREME COURT BY UoI/MoD AGAINST DEFENCE FORCES PERSONNEL/VETERANS FROM APRIL TO

MARCH OF EACH YEAR

YEARs 2009-10, 2010-11, 2011-12, and 2012-13

(1) LOWER COURTS

 (a) As Petitioner/Appellant

(b) As Respondent/Appellant

(c)Number of Cases decided in favour of UoI/MoD

(d) Cost to the State including fees of advocates, incidentals, TA/DA/Transportation, legal advice, etc

(2) ARMED FORCE TRIBUNALS

(a) As Petitioner/Appellant

(b) As Respondent/Appellant

(c) Number of Cases decided in favour of UoI/MoD

(d) Cost to the State including fees of advocates, incidentals, TA/DA/Transportation, legal advice, etc

(3) HIGH COURTS

(a) As Petitioner/Appellant

(b) As Respondent/Appellant

(c) Number of Cases decided in favour of UoI/MoD

(d) Cost to the State including fees of advocates, incidentals, TA/DA/Transportation, legal advice, etc

(4) SUPREME COURT

(a) As Petitioner/Appellant

(b) As Respondent/Appellant

(c) Number of Cases decided in favour of UoI/MoD

(d) Cost to the State including fees of advocates, incidentals, TA/DA/Transportation, legal advice etc

The First Appeal dated 08 Dec 13

* Prayer or Relief Sought

Sir, the information was requested online vide MODEF/R/2013/60793 and transferred by CPIO/MoD to Dept of ESW vide DEXSW/R/2013/80078 on 05 Nov 13.

2. There is still no information provided nor any reply given on the status of the request.

3. First Appellate Authority may please intervene in terms of Section 19 of the RTI Act 2005.

Final Disposal Intimation dated 21 Jan 14

Date of receipt	08/12/2013
Request Filed With	Department of Ex-Servicemen Welfare
Text of Application	Sir, the information was requested online vide MODEF/R/2013/60793 and transferred by CPIO/MoD to Dept of ESW vide DEXSW/R/2013/80078 on 05 Nov 13. 2. There is still no information provided nor any reply given on the status of the request. 3. First Appellate Authority may please intervene in terms of Section 19 of the RTI Act 2005.
Request document (if any)	document not provided
Status	APPEAL DISPOSED OF
Date of Action	23/01/2014
Remarks	Reply: - Due to technical problem, It could not process. The same has been transferred to concern Appellate Authority i.e Deputy Secretary (Pension) and he has been requested to take action immediately and to sent appropriate reply to the Appellant.

The Second Appeal dated 17 Feb 14  to Chief Information Commissioner

* Description of Information Sought

Further to my request DEXSW/R/2013/80078 dated 05 Nov 2013 and First Appeal DEXSW/A/20013/60017 dated 08 Dec 2013, I have not received any information even though 3 months have elapsed except the following intimation : -

Final Status of DEXSW/A/2013/60017

Applicant Name: S Y SAVUR

Date of receipt: 08/12/2013

Request Filed With: Department of Ex-Servicemen Welfare

Text of Application

Sir, the information was requested online vide MODEF/R/2013/60793 and transferred by CPIO/MoD to Dept of ESW vide DEXSW/R/2013/80078 on 05

Nov 13.

2. There is still no information provided nor any reply given on the status of the request.

3. First Appellate Authority may please intervene in terms of Section 19 of the RTI Act 2005.

Request document (if any) document not provided

Date of Action: 23/01/2014

Remarks/Reply: - Due to technical problem, It could not process. The same has been transferred to concern Appellate Authority i.e Deputy Secretary (Pension) and he has been requested to take action immediately and to sent (sic) appropriate reply to the Appellant.

Online RTI Status Form

Registration Number                                 DEXSW/R/2013/80078

Name                                                             S Y SAVUR

Date of Filing                                                           05/11/2013

Request Filed with                                      Department of Ex-Servicemen Welfare

Status                                                             Request Disposed of as on 24/02/2014

Reply: Application forwarded to CPIO of three service hqrs i.e. AG/PS-4(Legal), PDPA (Navy) and DAV (Legal Cell) on 24.01.2014

Nodal Officers Details

Telephone number                                     01123012593

E mail Id                                                        us_lc@desw.gov.in

And the Contradiction - Order of First Appellate Authority dated 12 Feb 14 received on 26 Feb 14

Ministry of Defence

Department of Ex-Servicemen Welfare

Sena Bhawan, New Delhi

BEFORE CHANAN RAM, DEPUTY SECRETARY (PEN) & APPELLATE AUTHORITY, DEPARTMENT OF EX-SERVICEMEN WELFARE

Order No. 5 (1)2014/D(Pen/Legal)                                              Dated the 12^th of Feb, 2014

Shri S Y Savur                                                                                  Appellant

                                                            Versus

Shri R K Arora                                                                                 Respondent

US (Pen/Legal) & CPIO

Subject: First Appeal Under RTI Act 2005

            Shri S Y Savur, …………………………………..has submitted an appeal dated 08.12.2013 to Appellate Authority under RTI Act, 2005 on the ground that information has not been provided by the CPIO in respect of his application dated 05.11.2013.

2.         I have gone through the case record. The said RTI application has been transferred to CPIOs of AG/PS-4 (L), DAV (LC) and DPA (Navy) vide MoD ID No. 5(33)2013/D(Pen/Legal) dated 24.01.2014 (copy enclosed).

3.         Accordingly, this appeal of Shri……… also stands transferred to FAAs of AG/PS-4 (L), DAV (LC) and DPA (Navy).

Sd/---------------

(Chanan Ram)

Deputy Secretary (Pension) & 1^st Appellate Authority

 

Reply of PIO (N) dated 21 Feb 14 received on 05 Mar 14

DL/0812/2346                                                                     21 Feb 14

Dear Applicant,

1.         Please refer to your application dated 05 Nov 13 received at IHQ MoD (N) on 31 Jan 14 through MoD/D (Pen/Legal/RTI), seeking information under RTI Act 2005. 

2.         The information related to the cases filed by UoI/MoD at various courts and the number of cases decided in favour of MoD are available in open public domain. Further, the information pertaining to cost to the State and other financial implications is not held at IHQ MoD (N).

3.         If you are not satisfied with the decision of PIO (Navy), you may appeal to the Appellate Authority within 30 days of receipt of this letter at the following address: -

            Vice Admiral HCS Bisht, AVSM

            Appellate Authority

            Controller Personnel Services,

            Room No. 241

Integrated Headquarters

Ministry of Defence (Navy)

C- Wing, Sena Bhawan

New Delhi – 110 011

                                                                                                Yours faithfully,

                                                                                                Sd/---------------

                                                                                                (SK Gupta)

                                                                                                Captain-At-Arms

                                                                                                PIO (N)   

[Note a reply to Dy Sec (Pensions) and an appeal to Vice Adm Bisht is under preparation. Action under Section 18 of the RTI Act 2005, where the CIC has quasi-judicial powers,  will follow].