Central Information Commission
Arvind vs Indian Council Of Agricultural ... on 26 August, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/ICARH/A/2024/637539
Shri Arvind ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Indian Council of Agricultural Research ...प्रनतवािीगण /Respondent
(ICAR) Hqrs.
Date of Hearing : 21.08.2025
Date of Decision : 21.08.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 28.04.2024
PIO replied on : 28.05.2024
First Appeal filed on : 14.06.2024
First Appellate Order on : 15.07.2024
2 Appeal/complaint received on
nd : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 28.04.2024 seeking information on the following points:-
"1. Please provide soft copies of complete note-sheets of e-office/physical file or files of ICAR wherein representation from undersigned dated 24.04.2017 addressed to Director General, ICAR with relevant annexures was processed. The said rep contained "ref: Letter issued vide F.No. Admn./18-1/98 Estt.I dated 19.04.2017 & letter dated 14.02.2017 addressed to C.V.O. (copies enclosed)"
Copy of the same was sent to CVO, ICAR.
Please provide soft copies of day-to-day movement of the said representation till its final disposal. Soft copies of full and complete ATR till date be furnished with all relevant corroborative documents.
Soft copies of full and complete ATR by CVO till date be furnished with all relevant corroborative documents.
2. Please provide soft copies of complete note-sheets of e-office / physical file or files of ICAR wherein representation dated 15.04.2019 addressed to Secretary, ICAR containing 39 pages from undersigned, was processed. The said rep contained "ref: O.M. issued vide F.No. 9-2/2019 -Estt.I dt 14.03.2019". Please provide soft copies of day-to-day movement of the said representation till its final disposal. Soft copies of full and complete ATR till date be furnished with all relevant corroborative documents.
Page 1 of 43. Please provide soft copies of complete note-sheets of e-office / physical file or files of ICAR wherein representation dated 20.03.2021 addressed to Secretary, ICAR with relevant annexures from undersigned, was processed. The said rep contained "sub: Harassment by way of ordering vacating guest house stay in March end, among others-reg". Copy of the same was sent to Sh Shaleen Agarwal, CVO, ICAR Please provide soft copies of day-to-day movement of the said representation till its final disposal. Soft copies of full and complete ATR till date be furnished with all relevant corroborative documents. Soft copies of full and complete ATR by CVO till date be furnished with all relevant corroborative documents.
4. Please provide soft copies of complete note-sheets of e-office / physical file or files of ICAR wherein representation dated 27.04.2021 addressed to Secretary, ICAR with relevant annexures from undersigned was processed. The said rep contained "Sub: Wilful disregard to explicit stipulations of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and conspiracy role of IJSC members-reg" and "Ref: Orders issued by JD(Admin), IARI dated 16/10/20 Letters addressed to CVO dated 06/12/20 and to US (Vig) dated 12/09/2018(all copies encld)". Copy of the same was sent to Sh Shaleen Agarwal, CVO, ICAR Please provide soft copies of day-to-day movement of the said representation till its final disposal. Soft copies of full and complete ATR till date be furnished with all relevant corroborative documents.
Soft copies of full and complete ATR by CVO till date be furnished with all relevant corroborative documents.
5. Please provide soft copies of complete note-sheets of e-office / physical file or files of ICAR wherein representation dated 03.08.2022 addressed to Secretary, ICAR with relevant annexures from undersigned was processed. The said rep. contained "Ref: Office Order issued vide F.No.13-747/2020/E.I(S)-602 dated 27.07.2021, memo dated 22.2.2022 and replies thereof (copies encld)" and "Sub:
Request for quashing the aforesaid 0.0 & Memo being arbitrary and humble prayer for release of SALARY-reg" The said representation contained 24 pages annexure including representation made to Director, NDRI dated 04.08.2021. Please provide soft copies of day-to-day movement of the said representation till its final disposal. Soft copies of full and complete ATR till date be furnished with all relevant corroborative documents."
The CPIO & Section Officer (Estt.-I) Indian Council of Agricultural Research (ICAR) Hqrs., New Delhi vide letter dated 28.05.2024 replied as under:-
"1. Certified copies of note sheet containing 7 pages and office order dated 09.05.2017 containing 3 pages are enclosed.
2. No such document available.
3 to 5. Pertains to Vigilance Division."
Another reply received from CPIO, Vig.-I, Indian Council of Agricultural Research (ICAR) Hqrs., New Delhi vide letter dated 31.05.2024 stated as under:-
"1. The information pertaining to the Establishment Section has already been provided vide their letter dated 28.05.2024.
With respect to the action taken by CVO, ICAR on the representation dated 24.04.2017, it is stated that no ATR is available in the Vigilance Division.Page 2 of 4
2. Pertains to the Establishment Section, and comments have been provided by them vide their letter dated 28.05.2024.
3. With respect to the action taken by the CVO, ICAR on the representation dated 20.03.2021, it is stated that no ATR is available in the Vigilance Division.
4. As per the CIC Decision No. CIC/SB/A/2015/000649 dated 08.02.2017 in Shri Satya Vijay Singh v. Central Vigilance Commission "the file notings in vigilance files cannot be authorized to be disclosed as these amounted to information held by the Public Authority and thereby come within the scope of Section 11(1) read with Section 2(n) of the RTI Act, 2005.
Further, the files contain the names of officers who have deliberated in the matter. The disclosure of the information would expose the officers involved to retribution as observed by the CIC in CIC/AT/A/2009/000617 dated 16.09.2009. Hence, the requested information is denied under Section 8(1)(g) of the RTI Act, 2005.
5. Does not pertain to the Vigilance Division."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 14.06.2024. The FAA vide order dated 15.07.2024 stated as under:-
"The CPIO (Establishment-I) is directed to make efforts to track the representations dated 15.04.2019 and 03.08.2022 from the Secretary's Office using the proofs of submission provided by the applicant and to provide a fresh reply within 10 working days. The appeal regarding points No. 3 and 4 (representations dated 20.03.2021 and 27.04.2021) may be decided by the FAA, Vigilance section."
In compliance with the FAO, CPIO & Section Officer (Estt.-I) Indian Council of Agricultural Research (ICAR) Hqrs., New Delhi vide letter dated 14.08.2024 replied as under:-
"Xx As per the said order, CPIO (Estt.I) was directed to track the representations dated 15.04.2019 and 03.08.2022 from the Secretary's office using the proofs of submission provided by the applicant and to provide a fresh reply within 10 working days.
In this regard, diligent efforts have been made to track the representation of Shri Arvind. The representation dated 15.04.2019 has been tracked and the movement of the same is attached herewith. However, the other representation dated 03.08.2022 is not yet traced in the Office. Efforts are being made to trace the copy of the representation dated 03.08.2022. Information regarding the same shall be provided within 15 days."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A detailed and comprehensive written submission dated 20.08.2025 has been received from the CPIO, Estt - I narrating the facts of the case at length, part of which had already been stated by the PIO in the aforementioned replies. It is noted that the Respondent has stated that in compliance of the FAA's order, correspondence was Page 3 of 4 made with the office of the Addl. Secretary, DARE & Secretary, ICAR to whom the representation dated 03.08.2022 was addressed. However, despite efforts the representation dated 03.08.2022 could not be traced.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Not present Respondent: Shri Deepul Wadhwa - Section Officer/CPIO, ICAR was present during hearing.
The Respondent stated that information available on record and permissible to be disclosed under law had been duly furnished to the Appellant, in terms of the RTI Act. He placed reliance on the PIO's reply, FAA's order and the written submission dated 20.08.2025 mentioned above. The Appellant has not attended the hearing nor sent any submission.
Decision:
Perusal of records of the instant case reveals that the Respondent furnished information available on records, as defined under Section 2(f) of the RTI Act, in terms of the provisions of the Act. The written submission dated 20.08.2025 filed by the Respondent is self explanatory and provides complete insight into the facts of the case, hence the Respondent is directed to send a copy of the same with relevant annexures to the Appellant through speed post, within two weeks of receipt of this order. The PIO must ensure that a compliance report in this regard is submitted before the Commission within a week thereafter.
In view of the fact that the response of the PIO is legally appropriate, well within the precincts of the RTI Act and the Appellant has chosen not to contest his case, no further intervention is warranted in this case, under the RTI Act.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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