CENTRAL INFORMATION COMMISSION

(Room No.308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/SM/A/2009/000810/LS
(R.C.Jain Vs. Indian Air Force)
26 August, 2013
Vide order dated 13.11.09, CPIO of IAF was directed to provide certain
information to the appellant. However, the appellant had filed a Writ Petition in the
Delhi High Court which was disposed of vide order dated 5.7.13. The said order is
extracted below:
The learned counsel for the petitioner states that the only relief he is
pressing is for a direction to respondent No.1 to decide the complaint of the
petitioner dated 15.3.13 in a time bound manner.
The writ petition is disposed of with a direction to respondent No.1 to
dispose of the aforesaid complaint as expeditiously as possible and in any case
within a period of three months from receipt of copy of this order.
It is made clear that the matter has not been examined by the Court on
merits.
2. In compliance of the aforesaid order, the matter was fixed for hearing on
26.8.13. Appellant not present. IAF is represented by Wg. Cdr. S.V.R.Moorthy. It
is noticed that in the complaint dated 11.3.13, the appellant had essentially
contended that the respondent IAF was required to provide him the following
information and documents as per the CIC order under reference but this order
was not fully complied with:-.
1. To inform the complainant/petitioner as to whether any investigation
was conducted by the Indian Air Force (IAF) to determine the marital status of Smt.
Latesh Jain as to whether she was widow at the time of her marriage to Wf.
Cdr.P.Sen on 22.11.2002 and if yes; the documents in connection with such
investigation were to be provided to complainant/petitioner.
2. Copies of letters received by Air Force from Rajasthan Police
relating to the kidnapping and living/death status of son of the
complainant/petitioner namely Vikas Jain were to be provided by respondent to the
complainant/petitioner.
3. Attested copy of the Marriage Deed dated 22.11.2002 submitted by
Wg. Cdr. P.Sen was also to be provided by respondent to the
complainant/petitioner.
3. During the hearing, Wg. Cdr. Moorthy files a written representation dated
13.8.13. Para 2 thereof is extracted below:
(a) Point 1: The investigation was carried out by the 28 Provost &
Security Unit, AF during Jan.2010 and they found that on 22 Nov.2002, Wg Cdr
Partha Sen (then Sqn Ldr) married for the second time with Smt Latesh Jain (Wife
of Shri Vikas Jain, kidnapped brother of Sqn. Ldr Ritin Jain). Both got married in
court of Delhi. Wg Cdr Partha Sen had declared himself as a Divorcee while Smt
Latesh Jain had shown herself as a Widow. The marriage Deed was executed on
22 Nov.2002. No investigation was carried out to check marital status of Smt.
Latesh Jain. The declaration of the marital status of the spouse is the
responsibility of the Air Warrior applying for the marriage. As per records held, the
investigation carried by 28 Provost & Security Unit, AF actually meant checking of
the records and information held by the IAF unit and not the confirmation of the
widow status of his daughter in law. The confirmation of widow status of Smt
Latesh Jain can only be provided by civil police and is not under the purview of the
Indian Air Force.
(b) Point 2: Copies of the letters received by the Air Force from
Rajasthan Police relating to the kidnapping and living/death status of son of the
petitioner namely Vikas Jain were provided to him vide this HQ letter No.AIR
HQ/23401/204/4/483/PS dated 15 Jan 10. However, a copy of the same is
annexed.
4. Wg. Cdr. Moorthy also submits that IAF can provide only that information as
is being held by it and it cannot create any new information and that whatever
information was available with the IAF has been provided to the appellant.
5. In view of the above, Wg. Cdr. Moorthy is hereby directed to send a copy of
his representation to the appellant in a weeks time.
Sd/-
(M.L.Sharma)
Information Commissioner
Authenticated true copy . Additional copies of orders shall be supplied against application and payment of the
charges, prescribed under the Act, to the CPIO of this Commission.
(K.L.Das)
Deputy Registrar
Address of parties
1. Wg. Cdr. S.V.R.Moorthy
CPIO
Air Headquarters
Vayu Bhawan
Rafi Marg
New Delhi
2. Shri R.C.Jain
Bharat Vihar Colony
Nr. Jain Mandir
Malhipur Road
Saharanpur 247 001