Central Information Commission
Ratnesh Kumar vs Indian Agricultural Research ... on 31 March, 2022
CIC/INARI/A/2021/602046
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/INARI/A/2021/602046
In the matter of:
Ratnesh Kumar ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Director, Indian Agricultural
Research Institute,
Regional Station, Pusa,
Samastipur, Bihar-848125
Relevant dates emerging from the appeal:
RTI Application filed on : 30.10.2020
CPIO replied on : Not on Record
First Appeal filed on : 07.12.2020
First Appellate Authority order : Not on Record
Second Appeal received on : 26.01.2021
Date of Hearing : 25.03.2022
The following were present:
Appellant: Shri Ratnesh Kumar, participated in the hearing through video
conferencing from NIC Samastipur
Respondent: Smt. Meera Pandey, Assistant Chief Technical Officer and Shri S.
Paswan, Assistant, participated in the hearing through video conferencing from
NIC Samastipur.
Page 1 of 9
CIC/INARI/A/2021/602046
ORDER
Information sought:
The Appellant filed online RTI Application dated 30.10.2020 seeking information as under:
"Please provide me the attested copies of appointment order/memorandum, terms and conditions of appointment, date and appointment authority, acceptance letters of the posts held by appointees, scheduled time and period of their duties/works, details of salary and other benefits to be provided to them (including details of fund under which they are being paid), essential qualifications for the posts, certificates and marksheets of educational qualifications and character certificates also of the appointees who have been appointed/hired for operating of the water pump and work for maintenance of electricity supplies in Indian Agricultural Research Institute Regional Station, Pusa, Post- Pusa, District- Samastipur (Bihar).
Please provide me also the attested copies of appointment order/memorandum of Shri Arun Thakur and his son Shri Krishna Thakur (Resident of Narayanpur, Harpur, Pusa, Samastipur), Shri Ajay Kumar (Resident of Morsand, Pusa, Samastipur) and Shri Amarjeet Kumar (Resident of Mahmada, Pusa, Samastipur) on which basis they have been appointed, terms, conditions, date and appointment authority, acceptance letters of post held by appointees, details of salary (including details of fund under which they are being paid), essential qualifications for the posts held by appintees, certificates and marksheets of educational qualifications and also character certificates of the appointees, scheduled time and period of their duties/works, copies of all the bills for which works they have been paid from the date of their appointment till the date by Indian Agricultural Research Institute Regional Station, Pusa, Post- Pusa, District- Samastipur (Bihar)."
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 07.12.2020, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of -receipt of information from the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.Page 2 of 9
CIC/INARI/A/2021/602046 Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he is not satisfied with the reply provided by the Respondent qua the instant RTI Application. Upon being queried by the Commission to establish the larger public interest while seeking third party information from the Respondent, the Appellant could not provide a cogent reply The Respondent submitted that sufficient reply has been given to the Appellant vide letter dated 03.02.2021. The contents of the same are as under:
A written submission has been received by the Commission from Dr. K.K. Singh, Director (Executive), IARI, vide letter dated 14.03.2022, wherein the Commission has been apprised as under:Page 3 of 9
CIC/INARI/A/2021/602046 Page 4 of 9 CIC/INARI/A/2021/602046 Page 5 of 9 CIC/INARI/A/2021/602046 Page 6 of 9 CIC/INARI/A/2021/602046 Page 7 of 9 CIC/INARI/A/2021/602046 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that since the Appellant has sought information pertaining to a third party and has failed to convinced the Bench that what is larger public interest in seeking such information. In view of the aforesaid anomalies, it is difficult to provide any relief to the Appellant. Be it as it may, the Commission observes that the Respondent has provided adequate reply to the Appellant only after filing of the Second Appeal. Therefore, the Commission admonishes the conduct of the Respondent for not providing any reply to the Appellant within the stipulated time-frame as mandated in the RTI Act. The Commission sternly cautions the Respondent public authority that in future, they shall ensure that replies to the RTI Applications shall be provided within the mandated time-frame as specified in the provisions of the RTI Act. With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 31.03.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 8 of 9 CIC/INARI/A/2021/602046 Addresses of the parties:
1. The First Appellate Authority (FAA) Indian Agricultural Research Institute, Regional Station, Pusa, Samastipur, Bihar-848125
2. The Central Public Information Officer /Director, Indian Agricultural Research Institute, Regional Station, Pusa, Samastipur, Bihar-848125
3. Mr. Ratnesh Kumar Page 9 of 9