Central Information Commission
Rakesh Kumar Singh vs Ministry Of Environment & Forests on 5 September, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/MOENF/A/2018/149197/01567
File no.: CIC/MOENF/A/2018/149197
In the matter of:
Rakesh Kumar Singh
... Appellant
VS
CPIO & Scientist - D
Ministry of Environment, Forest and Climate Change
Indira Paryavaran Bhavan, Jorbagh road,
New Delhi - 110 003
... Respondent
RTI application filed on : 08/04/2018 CPIO replied on : 22/05/2018 First appeal filed on : 22/05/2018
First Appellate Authority order : 22/06/2018 Second Appeal dated : 06/08/2018 Date of Hearing : 05/09/2019 Date of Decision : 05/09/2019 The following were present: Appellant: Not present
Respondent: Charanjeet Singh, Scientist C & CPIO, present in person. Information Sought:
The appellant has sought a copy each of notifications made till date by the Ministry of Environment, Forest & Climate Change, Govt. of India in accordance with the sub-rule (1) of rule (9) of the Forest (Conservation) Rules, 2003 regarding authorised officer who can file a complaint against person(s) for an offence committed under the Forest (Conservation) Act, 1980 and Forest (Conservation) Act, 1980 and Forest (Conservation) Rules, 2003.1
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not present to plead his case despite service of valid hearing notice on 21.08.2019 vide speed post acknowledgment no. ED572369111IN.
The CPIO submitted that a revised reply providing the required notification has been sent to the appellant after receipt of the CIC's hearing notice as in the previous reply, the then CPIO had inadvertently sent a copy of the Rule alongwith his reply dated 22.02.2018 instead of a copy of the relevant notification of the Ministry of Environment, Forest & Climate Change, Govt. of India in accordance with the sub-rule (1) of rule (9) of the Forest (Conservation) Rules, 2003. He tendered an apology on behalf of the then CPIO for such an error.
Observations:
From a perusal of the reply dated 30.08.2019, it is noted that the required information has now been provided to the appellant. The fact remains that the same was not done on time which had compelled the appellant to file a Second Appeal before the Commission. However during the hearing, the present CPIO tendered an apology on behalf of the then CPIO and hence the Commission is taking a lenient view in the matter.
Decision:
Based on the above observations, the Commission upholds the reply of the CPIO dated 30.08.2019. However, a strict warning is issued to the then CPIO, Shri Nisheeth Saxena, Senior Assistant Inspector General of Forests to remain extremely careful while handling the RTI applications and to ensure that only relevant information is provided to the applicant and within the laid down time frame. The present CPIO is directed to serve a copy of this order to the then CPIO for his information.2
File no.: CIC/MOENF/A/2018/149197 The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3