Central Information Commission
Ahmed Ali vs Department Of Animal Husbandry And ... on 12 April, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के यसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/DAHDD/C/2022/603624
Ahmed Ali ....िशकायतकता /Complainant
VERSUS
बनाम
CPIO,
National Dairy Development
Board, RTI Cell, PO Box No. 40,
Anand - 388001, Gujarat. .... ितवादीगण /Respondent
Date of Hearing : 10/04/2023
Date of Decision : 10/04/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from complaint:
RTI application filed on : 06/07/2021
CPIO replied on : 05/08/2021
First appeal filed on : NIL
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : NIL
Information sought:
The Complainant filed an RTI application dated 06.07.2021 seeking the following information:
"1.Please provide reference number or unique file number to this information.
2.please forward the following rti query to concern authority.
3.please provide list of mother dairy milk collection in west Bengal.1
4.please provide procedure on how local farmer can sell his milk to mother dairy.
5.please provide the names , phone numbers of mother dairy official to contact in case of selling milk to mother dairy.
6.please provide names and contact numbers of mother dairy official to contact in case of public complaints."
The CPIO furnished a reply to the complainant on 05.08.2021 stating as under:
"The information sought above is not related to the functioning of NDDB and accordingly the RTI applications stands disposed of."
Being dissatisfied, the complainant filed a First Appeal dated NIL. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied, the complainant approached the Commission with the instant Complaint.
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Not present.
Respondent: Hari Kumar, Deputy General Manager & CPIO present through video-conference.
The Commission remarked at the outset that the hearing notice served to the Complainant has been received back undelivered with the postal remarks "doors locked". Therefore, due efforts were made by the Registry of this bench to contact the Complainant; and also hearing notice has been forwarded to the Complainant through email as well; yet no response was received from him. The Commission is not in a position to send any further intimation to the Complainant in this regard for want of an alternate correspondence address in the records; therefore, in the interest of justice, the case is being decided on merits.
The CPIO submitted that a timely response was provided to the Complainant on 05.08.2021 vide speed post; however, it was received back undelivered with the postal remarks "addressee not available". He further apprised the Commission that the actual custodian of information sought is the concerned State Government authorities as only the 'Mother dairy of Delhi State' falls under the 2 domain and control of NDDB and remaining ones come under the territorial State jurisdiction. He also explained at length the role and functioning of NDDB in great detail.
Decision The Commission upon a perusal of records finds no infirmity in the factual timely reply provided by the CPIO, as the same was in consonance with the provision of RTI Act.
In view of the above, no further action is warranted in the matter.
However, in the spirit of RTI Act the CPIO is advised to exercise due diligence and always make an effort to send a copy of his reply to the applicant through email as well, wherever the email id of the information seeker is available in order to facilitate due assistance to the applicant to get the desired information.
ADVISORY Notwithstanding the aforesaid, it will be in the best interest of Respondent Public Authority to explore the viability of introducing/updating a FAQs Section on their website wherein a brief outline pertaining to the issues flagged by the Complainant regarding procedures/ processes on how a local farmer can sell milk to Mother dairy and other related issues/clarifications/ respective orders/circulars can be easily identified and relevant information in that regard can be placed in the public domain in keeping with the letter and spirit of suo motu disclosures prescribed under Section 4 of the RTI Act. This will also relieve the public authority from the burden of RTI Applications which are filed merely seeking clarifications and not any specific record. In pursuance of the aforesaid advisory, the CPIO is directed to place a copy of this order before their competent authority for taking appropriate action.
The Complaint is disposed of accordingly.
Saroj Punhani(सरोजपुनहािन) Information Commissioner (सू सूचनाआयु ) 3 Authenticated true copy (अिभ मािणतस यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ,उप-पंजीयक दनांक / Date 4