FIRST RTI APPEAL u/s 19(1) OF RTI ACT 2005

From:- First Address(correspondence Address)

No-6927399N
Ex-Hav/SKT/GS & C Rakesh Dhaka
H.No-227/10 B, Devi Lal Colony,
Gurgaon-122001( Haryana)
Cell No-9717472447
email Id- rtiactivist@indiatimes.com
dhaka.rakesh@yahoo.com
rdpatwari@gmail.com

Second Address (Mentioned in AOC Records)

Rakesh Dhaka S/o Ghahsi Ram Dhaka
Village-Gudhan,Post Office-Kalanaur Kalan,
Distt.-Rohtak, Haryana,
Pin Code-122001

RTI/Pers/AFT/Order’s/04 Date - May 2011

To :- Provost Marshal & Appellate Authority

Adjutant General Branch
Integrated Headquarter of MoD (Army)
Room No 421-A, 'B' Wing, Sena Bhawan
New Delhi 110011
Telephone No - 011 23018868

Sub:- For Implementation of Hon’ble Armed Forces Tribunal/Court Order’s/Judgment .

Respected Sir,
1. Please Reference to PIO/for CPIO, Army ( RTI Cell,ADG AE G-6, D-1 Wing, Sena Bhawan, Gate No-
4, IHQ of MoD (Army), New Delhi 110011) Letter No-A/810027/RTI/6833 dt. 20 April 2011(copy
attached) letter posted on 03 May 2011 and Received on 07 May 2011(Physically received on same day,
Saturday approx 2 P.M) as per Post Office stamp and Letter No.A/810027/RTI/6833 dt.03 May 2011
(copy attached)posted on 06th May 2011 as per Post Office Stamp and received by me on 10 May 2011.

2. There is no any information given in 20 th April 2011 letter. Just quoted a case No 6833, and
www.indianarmy.nic.in/Default3.aspx%3FMen... website shows “Case No not Exists” when I am
applying the Case No 6833 and in other Letter of 03 rd May 2011 on the same matter with same/one
letter Number. The Respected Officer/for CPIO mention in Para No-02 “Information as available with
this HQ and permissible under RTI Act 2005 is given in paragraph”. As per this line/information:-

(i) The Respected Officer/for CPIO of IHQ transferred {u/s 6(3) of RTI 2005} my Previous RTI
Application (letter No-RTI/Pers/AFT/Order’s/01, dt. 23 Feb 2011) under his/RTI Cell ADG AE of
IHQ, covering letter No-A/810027/RTI/2648/Tfr dt. 03 Mar 2011 and not given the single
information to me/of my 11 points Application. Even, all the information required by me, were
available and held in IHQ of MoD, New Delhi.
Page 01 of 04
(ii) The Respected Officer/for CPIO provided me the information against my last RTI
Application, Letter No-RTI/Pers/AFT/Order’s/03 Dated 11 th April 2011 in Para No-3 of RTI
Cell,ADG AE,IHQ of MoD, letter No- A/810027/RTI/6833 Dated 03 rd March 2011 “An extract
copy of MGO’s Branch/OS-8B Note No A/23659/RTI/Gen/OS-8B dated 28 April 11 vide which
information pertaining to your queries has been provided, is enclosed herewith”. If the
letter/order issued by Addl Dte Gen of Personnel Services, Adjutant General’s Branch, IHQ of
MoD (Army) in their letter No-A/23659/CWP/314/OS-8B/132/2011/AG/PS-4(Legal) dated 25
March 2011 to The PCDA (Pens), Allahabad and copy to 11 Recipient and receivers with heading
Ex Hav (Now Sep) Rakesh Dhaka, then, why not providing the complete letter No-
A/23659/RTI/Gen/OS-8B dated 28 April 2011 and further action to all The PCDA (Pens),
Allahabad and 11 Recipient and receivers instead of this extract, because, they started their
action on/with wrong heading(for Sep Pension) and this will be accelerate to Implement the
actual Judgment. Sir, I required complete letter instead of extract, Because, I have the right to
know the information under RTI Act 2005, the case is completely related to me and what is
happening with Hon’ble AFT/Court’s Order.I am respecting our Indian Law and Justice,
Constitution of India, Indian Hon’ble Court’s and their respected order’s. Sir, I want to know,
who is playing with Law and Justice of India, Hon’ble Armed Forces Tribunal/Court order’s and
life of my family and children from 2 nd July 2010 to till date. The Officer/for CPIO have not given
required information’s with transparency and accountability and ignored the complete purpose
of this RTI Act 2005.

(iii) The Respected Officer/for CPIO mentioned in Para No-2 of RTI Cell,ADG AE,IHQ of MoD,
letter No- A/810027/RTI/6833 dt 03 rd May 2011 “Information as available with this HQ and
permissible under RTI Act 05 is given in succeeding paragraph”. But, RTI Act 2005 is giving the
Right to Information to all respected citizens of India, not permission. There are lots of
difference in Permission and Right. I am not asking for any permission to Respected Officer/for
CPIO, I have the right to ask information’s, as per RTI Act 2005, made by Ministry of Law and
Justice and Signed by Hon’ble President of India. I am required all information as mention in my
RTI Application like, “ date wise action taken by our Respected Army on Respected Hon’ble
Armed Forces Tribunal/Court order’s/decision/judgment”,TA/684/09, WP(C) No-5325/2000
dated 02 July 2010 not only that information’s as available with this HQ, as written in above
darkened line of this para and in the reply of my RTI Application by the same Respected
Officer/for CPIO of IHQ of MoD (Army),New Delhi.

(iv) Sir, The Respected Officer/for CPIO of IHQ is misleading, knowingly given incorrect and
incomplete information to me from 23 rd April 2011,Because, there is no action taken by the
Army before 23rd April 2011, except that, I have handed over the Judgment of Hon’ble AFT/Court
to AOC Records on 13 Nov 2010 and AOC Records forwarded the same to Army HQ’s in the
same month or on 26 Nov 2010 as written in the extract forwarded by the Respected Officer/for
CPIO of IHQ of MoD(Army) with letter No- No.A/810027/RTI/6833 dt.03 May 2011, So, I
required, every letter transaction/action taken by the our Respected Army in my case from 02
Jul 2010 to till date and I received two letters within 04 days(If we leave 8 & 9 May 2011,
Saturday & Sunday, then, these are within 02 days) as mentioned in para-1 of this Appeal with
the Same/one letter Number and with separate dates to create the confusion in information.

. Page 02 of 04
 (v) For example:-I think any Lt. Colonel will not consider, If we write him, Lieutenant. Then,
why I consider, I am Ex Hav(Now Sep) Rakesh Dhaka instead of Ex Hav Rakesh Dhaka. If any
person left something in typing or in writing, that can be a typing/writing mistake. But, If any
person adding something like, Ex Hav(Now Sep) instead of Ex Hav .Sir, Should it be a typing or
writing mistake. This act is done, to humiliate me only and there is no other purpose of the
same.

(vi) The respected Officer/for CPIO given me the information in para No-4 (1 st line) as extract
(Enclosed) with the letter No-A/810027/RTI/6833 dt 03 May 11 “It is further intimated that the
court order dt 02 Jul 2010 was received on 26 Nov 10”. Sir,I just w’d like to know,the Respected
Respected Branch/Department or Officer/for CPIO is blaming the Hon’ble AFT/court’s or me or
our Respected Army/any specific Department of IHQ of MoD(Army)for this 4-5 months delay(02
Jul to 26 Nov 2010)and further 4-5 months after receiving (26 Nov to 23 Feb 11).I just asked the
information in my RTI Application{in Para No-1(iv)}letter No- RTI/Pers/AFT/Order’s/03 dt 11 April
2011 as “Sir,Order/decision passed by the AFT/Court on 2nd July 2010 and I am getting heavy
losses in this duration as mentioned in Para No 9 my first RTI Application to you (copy attached
as annex “A”).Which person/Department/Branch is responsible for delay in Implementation of
Respected Hon’ble Armed Forces Tribunal/Court Order’s/decision” and I didn’t get this
information.

(v) The word “Petitioner” mentioned in para No-4 of extract provided by the Respected
Officer/for CPIO. I am not a Petitioner in present. Now, I am a Victim of that Parson/Branch/
Department who is not implementing the Respected Hon’ble Armed Forces Tribunal/Court
order’s from 2nd July 2010 to till date and in para No-6 of same extract quoted by the Respected
Branch/Department “On receipt of court order action was initiated for obtaining Govt. sanction
to implement the court order”. There is no letter number and date of letter provided to me by
Respected Branch/Department, on or before 23 Feb 2011/ before my 1 st/Previous RTI
Application letter No- RTI/Pers/AFT/Order’s/01,dt 23 Feb 2011.

(vi) There is no time limit given by the Army to implement the Hon’ble Armed Forces
Tribunal/Court order. Leave the matter open ended like “Tomorrow will never come”.

3. I also received a single page/Telegram of AOC Records on 9 May 2011 (Monday) and no any other
document received by me up to till date as mentioned in this Telegram(copy attached). The AOC Records
mentioned in this Telegram, they forwarded first Telegram on 06 April 2011 and I am awaiting for reply
of my letter forwarded to Adjutant Addl Dte Gen of Personnel Service General’s Branch dt 11 April
2011(copy attached) to correct and reissue the Order, as per/as same as Hon’ble Armed Forces
Tribunal/Court Order/ Judgment Dated 02 July 2010 in my case. As per the first Date of Telegram (06
April 2011) the Telegram sent to me 05 days before of the letter forwarded by me to Adjutant Addl Dte
Gen on dt 11 April 2011) the AOC Records is Implementing/wants to Implement the partial/incomplete
order issued by the Adjutant Addl Dte Gen, on Dated 25 March 2011 in their letter No-
A/23659/CWP/314/OS-8B/132/2011/AG/PS-4(Legal).Because, I am not informed by the Respected
Branch, reissued any order or not to AOC Records in this concerned.
Page 03 of 04
4. RTI fee details :- IPO No-________________ dt.___________ to GSO-1,RTI Fund, New Delhi.

(Rakesh Dhaka)
No-6927399 N
Ex Hav/SKT/GS & C
(Army Ordnance Corps)

Enclosures :-

1. Photo Copy of 02 letter with same/one Letter No-A/810027/RTI/6833 with separate Dates one is 20
April 2011 and another is 03 May 2011 with separate matters (2nd is with one enclosure) by RTI Cell,ADG
AE G-6, D-1 Wing, Sena Bhawan, Gate No-4, IHQ of MoD (Army), New Delhi 110011
(03 Pages).

2. Photo Copy of my RTI Application, Letter No-RTI/Pers/AFT/Order’s/03 Dated 11 April 2011

(02 Pages).

3. Photo copy of Addl Dte Gen of Personnel Services, Adjutant General Branch, letter No-
A/23659/CWP/314/OS-8B/132/2011/AG/ PS-4(Legal), dated 25 mar 2011(Single page).

4. Photo copy of Dte Gen of Ord Service (OS-8B), MGO’s Branch, letter No- A/23659/CWP/314/OS-8B,
dated-28 March 2011(Single page).

5. Photo copy of my first/previous RTI Application, Letter No-RTI/Pers/AFT/Order’s/01, Dated

23 Feb 2011 (03 Pages as annex “A”).

6. Photo copy of AOC Records Telegram Dated 03 May 2011 (Received by me on 09 April 2011)
(single Page).

Page 04 of 04