Central Information Commission
Mr.C L Suman vs Ministry Of Agriculture on 17 September, 2010
SPCentral Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SS/A/2010/000328
Name of the Appellant : Shri C.L. Suman
(The Appellant was not present)
Name of the Public Authority :
Indian Veteromaru Research Institute,
Izatnagar, U.P.
Represented by Dr. Rishendra
Verma, Joint Director, Dr. Triveni
Dutt, Joint Director(EE),
Shri Rakesh Kumar, C.A.O., Dr. Uma
Shanker, I/C, LPM.
The matter was heard on : 17.9.2010.
ORDER
Shri C.L. Suman, Principal Scientist, Central Data Cell, IVRI, Bareilly, has filed an application dated 4.12.2009 seeking the following information under the RTI Act from Dr. Uma Shankar, Incharge, LPM section/CPIO/ICRI, Bareilly: "1 Please4 provide me information on AI of Cows and Buffaloes separately of cattle and buffalo farm of LPM section animalwise from 1996 to 2009 in tabular form as described below, please.
Animal Date Bree Date Lactation Date Date Total Date of Date
Numbe of d of number of of number Pregnanc of next
r Birth calvin first last of AI y calvin
g AI AI g
Shri Shri Uma Shankar, Incharge/PLPM Section/PIO, vide his reply dated 21.12.2009 informed as follows: "In this connection, it is to inform that the information asked for by Dr.C.L. Suman is invariably published in our Annual Reports of the relevant years as well as it is presented in the Annual SRC/IRC meetings wherein Dr. Suman remains present and he may be well aware of the entire informationn He may, therefore, be advised to go through the Annual Reports which are available in NLVS".
Shri J.K. Malik, Joint Director(Res)/FFA vide his letter dated 6.1.2010 upheld the reply of CPIO. Hence the present appeal before the Commission wherein the Appellanr submits that he has sought information animalwise of cattle and buffalo farm and that the information requested is routine type of activities maintained by the any Government livestock farm, animalwise and that no scientific angle is involved and that the Respondent are denying this information.
During the hearing the Respondent submits that the information in the Annual Report of the Institute is published breedwise, whereas the appellant has sought the information for each and individual animal. The Respondents submit that the information asked for an individual animal is maintained in the Research Project of the Institute. In a written submission during the hearing, Shri Uma Shanker, CPIO submits that data on Tharparkar Cows can be accessible upto 2009, the Appellant Shri C.L. Suman can collect the data as per his request. However, data pertaining to Vrindavani Cows and Murrah buffalos are under an approved research project of the Institute which is underway and therefore cannot be made available at present. On being further question, the Respondent submits that if revealed the bare line data can be used by anyone before completion of the Research Project. The Research project is towards commercialization of animal using trademark, therefore, the Respondent submits that exemption under 8(1) (d) is attracted. They submit that disclosure of this information would harm the competitive position of the Institute/Research project.
After hearing the Respondent and on perusal of relevant documents on file, the Commission is of the view that Respondent could have replied in a more appropriate manner to the Appellant. It is clear that the Appellant was seeking information for each individual animal and the information available in the Annual Report is only breedwise. Therefore it was not appropriate to refer to the Appellant to the Annual Report of the Institute for this information. However, during hearing, the Respondent have clarified that the animalwise data is contained in various records/research projects. There are 3 varieties of cattle in the Institute. The data on Tharparkar cows can be accessible by the Appellant and he can collect the data as per his request. However, the Commission finds merit in the contention of the Respondent that the animal wise record of each and individual animals are available in various records/research projects which would lead premature disclosure of information on a research project, therefore, the plea of the Respondent that declaration of such information would adversely affect trade practice and therefore exemption under 8(1) (d) of the RTI act is upheld. The disclosure of such information may lead to the violation of intellectual property rights of the institution and no larger public interest is involved in the disclosure of such information. The Respondents are directed to provide data available on Tharparkar cows to the Appellant.
With these observations/directions, the matter is disposed of accordingly.
(Sushma Singh) Information Commissioner 17.09.2010