Central Information Commission
G T Hari Dass vs Ministry Of Environment & Forests on 8 November, 2018
क ीयसूचनाआयोग
CENTRAL INFORMATION COMMISSION
बाबागंगानाथमाग
Baba Gangnath Marg,
मुिनरका, नईिद ी -110067
Munirka, New Delhi-110067
File No : CIC/MOENF/A/2017/131389
In the matter of:
G T Hari Dass
...Appellant
Vs.
AIGF (FC) & CPIO
M/o Environment, Forest &
Climate Change, (Forest conservation Division)
Indira Paryavaran Bhawan, Jor Bagh Road,
Aliganj, New Delhi - 110003.
...Respondent
Dates
RTI application : 09.12.2016
CPIO reply : Not on record
First Appeal : 01.02.2017
FAA Order : Not on record
Second Appeal : 15/04/2017
Date of hearing : 16.07.2018, 11.10.2018
Facts:
The appellant vide RTI application dated 09.12.2016 sought information regarding copies of orders, notifications, circulars & suggestions passed/ declared by the Ministry of Forest & Environment, Govt. of India for alienation/alteration of tribal and forest reserved area under the Forest Conservation Act. Information regarding the amounts of de-reserved areas in the Andaman & Nicobar Islands were also sought.
The CPIO's reply and the First Appellant Authority (FAA)'s order are not on record. Aggrieved with the non-supply of the desired information from the respondent authority, the appellant filed second appeal under the provision 1 of Section 19 of the RTI Act before the Central Information Commission on 15.04.2017.
Grounds for Second Appeal The CPIO did not provide the desired information.
Order
Appellant : Absent
Respondent : Shri Yogesh Kumar,
Technical Officer cum representative of PIO,
Ministry of Environment & Forests
During the hearing, the representative of the respondent PIO, Shri Yogesh Kumar, Technical Officer submitted that they had never received the RTI application, so the reply to the above stated RTI application could not be provided to the appellant.
The respondent CPIO is accordingly directed to affirm on affidavit to the Commission that the above dated RTI application was never received by the public authority concerned within 07 days of the receipt of the order.
The appellant was not present to plead for his case. On perusal of the relevant case record, it was noted by the Commission that even after receipt of the RTI application along with second appeal notice, no reply was provided to the appellant which is deplorable.
In view of the above, a Show Cause notice is issued to the then CPIO, Ministry of Environment & Forests u/s 20 of the RTI Act to explain the following:-
Why no reply was provided even after the receipt of the second appeal notice from the CIC along with a copy of the above stated RTI application.
The explanation(s) to the above stated Show Cause notice is/are to be submitted to the Commission by the respondent CPIO/PIO within 15 days of the receipt of this order. The present CPIO is also to submit a report to the Commission indicating the name, address, mobile no., present place of posting and designation of the CPIO working at the relevant post at the relevant period.2
The present respondent CPIO is to serve a copy of this order to the then respondent CPIO under intimation to the Commission. On receipt of the explanation to the said Show Cause notice, further action as deemed appropriate will be taken.
The respondent CPIO should note that in the event of non-submission of the explanation within the time stipulated above, the Commission has the liberty to take the required decision ex-parte against the respondent CPIO/PIO.
Be that as it may, since no desired information was provided to the appellant in the present case, the present respondent CPIO and Chief Conservator of Forest is directed to provide point wise reply complete in all respects to the appellant as available on record in the form of certified true copies of the documents sought e.g. note sheets, letters, correspondences, e- mails etc.(legible copies), free of charge u/s 7(6) of the RTI Act within 21 days of the receipt of the order. For this purpose, the concerned CPIO/PIO, can take assistance of any other office/department u/s 5(4) of the RTI Act.
The respondent CPIO is further directed to send a report containing the copy of the revised reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record.
With the above Show cause/direction, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.
Adjunct Order : 11.10.2018
Respondent : Shri Sandeep Sharma
Assistant Inspector General, Forests
(FC) & CPIO, Ministry of
Environment and Forests
He submitted that the RTI application of Shri Hari Das dated 09.12.2016 was never received in the FC division of the above stated ministry. Moreover, the first appeal was also not received by him. He further submitted that the RTI application dated 09.12.2016 was received by him only on 13.07.2018, along with the second hearing notice of the CIC. The action on the complaint (alongwith the application) was initiated on the same day. The RTI application 3 of the applicant which was received as annexure with the said hearing notice was immediately taken up and effort was made to track the status of the original RTI application dated 09.12.2016. After detailed consultation with RTI Cell of the MOEFCC and checking relevant records of the FC division, it was found that the said RTI application had not been received in the FC division. 14th and 15th July 2018 being holidays (Saturday and Sunday), no official work on RTI application could be carried out. The status of the original RTI application was conveyed to the CIC on 13.07.2018 and an affidavit was submitted to the CIC on 03.08.2018.
That the applicant had requested for the information pertaining to period between 01.01.1980 to 01.01.1986. Although this involved old records, efforts were made to trace the file from the record room. However, the same could not be traced in the record room. He also submitted that, there was a major fire incident in the Ministry during which many files/records got destroyed. In this regard he submitted a copy of the letter from the Ministry to the then SHO, Lodhi Road, Police Station dated 24.04.2009 bearing letter no. F.No. 30014/1/2009-GA vide which a report of fire incident was reported. He categorically mentioned that many files of FC division had been completely destroyed in the said fire.
After putting in best efforts to trace out the sought for information, he could get only partial information which was sent to the applicant vide Ministry's letter no. 16/98/2018FC dated 3rd August 2018. For sourcing/remaining information, the above stated RTI application was forwarded to the CPIO, office of the PCCF cum Principal Secretary (Environment and Forest), Andaban and Nicobar Administration. Decision:
Based on the explanation as above, the reply dated 03.08.2018 was perused. The reply was however not found to be proper. However, as Shri Sandeep Sharma, the then CPIO claimed that relevant records were destroyed in the above stated fire accident, he is directed to affirm on affidavit that records 4 relevant in the present case were destroyed in the above stated fire accident. The reply was provided only after the second appeal hearing which is not proper.
The then CPIO, Shri Sandeep Sharma, AIG (Forests) is issued warning for not replying to the abovesaid RTI application within the stipulated time period.
With the above direction, the showcause proceeding is closed. Copies of the order be sent to both the parties free of cost.
Amitava Bhattacharyya (अ मताभ भ टाचाय)
Information Commissioner ( सच
ू ना आयु त )
Authenticated true copy
(अ भ मा णत स या पत त)
Ajay Kumar Talapatra (अजय कुमार तलाप )
Dy. Registrar (उप-पंजीयक)
011- 26182594 / [email protected]
दनांक / Date
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