Central Information Commission
Sanil K C vs Spices Board on 20 May, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/SPIBO/A/2023/113198
Sanil K C .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
O/O THE CPIO SPICES BOARD,
SUGANDHA BHAWAN,
N H BY-PASS P B NO.2277,
PALARIVATTOM P.O.,
KOCHI -682025. ....प्रनर्वािीगण /Respondent
Date of Hearing : 20.05.2024
Date of Decision : 20.05.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 25.06.2021
CPIO replied on : 20.07.2021
First appeal filed on : 17.08.2021
First Appellate Authority's order : 17.09.2021
2nd Appeal/Complaint dated : 21.03.2023
Information sought:
The Appellant filed an RTI application dated 25.06.2021 seeking the following information:
1. Please provide me with a copy of the "Thematic Audit Report on functioning of the spices board" for the period 2012-2017.Page 1 of 7
2. Please provide me with a copy of the bank statement for the account maintained by spices board at Axis Bank (No. 081010200018081) for the March 31st 2015 to March 31st 2016 period.
3. Please provide me with a copy of the books of the board for the same period indicating the closing balance.
4. Was there a shortage of any amount been the books of the spices board and the above mentioned bank account for the said period?
5. If yes, what was the reason for such shortage? Is any documentation available to explain the shortage? If yes, please provide me with a copy of the same..
6. Please provide me with a copy of the trust deed of the cardamom development fund.
7. Was any meeting held by the cardamom development fund for the period between 2015-2017?
8. Was the said fund functional during the above period?
9. Thereafter, was any amount spent by the board from the said fund towards fees for any football tournament in 2017?
10. If yes, what authorized (any law, rule, trust deed etc) the said spending?
11. Was an amount distributed to cardamom growers in Idukki by the fund after 2015? If yes, how much was distributed?
12. If distributed, what was the basis of such distribution of fund? On what basis was cardamom growers selected for receipt of funds?
13. How are spices board officials selected for attending international fairs?
14. Towards participation in international fairs which airlines were used? If airlines other than Air India was used, was permission sought from ministry of commerce and industries?
15. How much amount was paid by the spices board to Perfectholidayz during the period between 2011-2012 and 2014-2015?
16. Did the spices board enter into any agreement with Perfectholidayz during this time?
17. Was any advance payments made by the spices board to Perfectholidayz during the above period? If then, did the invoices issued by Perfectholidayz contain information under "Air Travel", "Hotel Accommodation", "Travel insurance", and "Visa fees"?
18. What was the procedure followed in choosing Perfectholidayz?
19. Is there a procedure established by law towards selection of private entities for such purposes as was being done by Perfectholidayz?
20. Was there an audit report for the spices board for the period between 2012- 2017? If yes, please provide me a copy Page 2 of 7 The CPIO furnished a reply to the Appellant on 20.07.2021 stating as under:
This has reference to your RTI application dated 25.06.2021 seeking Information under RTI Act, 2005, received in this office on 01.07.2021. The requisite information inrespect of Spices Board is furnished below:
Ans. No.1: The final report of Thematic Audit for the period 2012-2017 is not available with Spices Board.
Ans. No.2: This information cannot be provided as it is exempt under Sections 8(1)(e) and 8(1)(1) of the Right to Information Act, 2005. Ans. No. 3, 4 & 5: Questions lacks clarity.
Ans. No. 6, 7, 8, 9, 10, 11 & 12: Cardamom Development Fund (CDF) is not a public authority coming under RTI ACT.
Ans. No.13: On rotation basis, on approval of the competent authority for foreign travel.
Ans. No.14: All travel is predominantly by Air India. Exemptions are sought from Ministry of civil aviation.
Ans. No.15: Information requested is exempt under Section 7(9) of the Right to Information Act, 2005.
Ans. No.16, 17, 18, 19: Since its inception, Spices Board has not entered into any agreement or tender with any private parties to act as its authorized ticketing agencies. Officials have booked travel tickets via various ticketing agents of their choice such as M/s.Kerala Travels, M/s.Dove Holidays, M/s. Pricol Travels, makemytrip.com, M/s.Perfect Holidayz etc. and the bills were /Phone: 0484 2333610-616, 2347965, 2348417, 2341776, ver/Fax: 0484 2341935 r/Email: mail.board@govine/Website: www.indianpics.com reimbursed by the Board. All invoices are required to delineate their charges under appropriate heads for settlement.
Ans. No.20: Audit reports in the public domain are available in the website of C&AG for sharing.
Being dissatisfied, the appellant filed a First Appeal dated 17.08.2021. The FAA vide its order dated 17.09.2021, held as under:- In the RTI request dated 17.08.2021 the appellant had sought information on 20 questions on different subjects and the PIO has provided the replies. I have examined the information sought by the appellant and the reply furnished by the PIO with relevant records and my observation on each reply are as follows:
1: Please provide me with a copy of the Thematic Audit Report on functioning of the Spices Board for the period 2012-2017.
Information furnished by the PIO: The final report of Thematic Audit for the period 2012-2017 is not available with Spices Board. Observation: Thematic Audit final report is not received in Spices Board. The information provided by the PIO is correct.Page 3 of 7
2: Please provide me with a copy of the bank statement for the account maintained by Spices Board at Axis Bank (No.081010200018081) for the March 31st 2015 to March 31st 2016 period.
Information furnished by the PIO: This information cannot be provided as it is exempted under Sections 8(1)(e) and 8(1)(j) of the Right to Information Act, 2005.
Observation: Providing bank accounts details is exempted under Section 8(1)(j) of the Right to information Act, 2005 and the same was conveyed to the appellant and there is no larger public interest for disclosure of the above information.
3 to 5: Please provide me with a copy of the books of the Board for the same period. Was there a shortage of any amount been the books of the Spices Board and the above mentioned bank account for the said period. If yes, what was the reason for such shortage ? Is any documentation available to explain the shortage? If yes, please provide me with the copy of the same Information furnished by the PIO: Questions lacks clarity.
Observation: Requested to provide copy of books of the Board and related information, which lacks clarity and reply has been provided accordingly. There is no provision in the RTI Act to seek clarification from the applicant. No.6 to 12: Please provide me with a copy of the trust deed of the cardamom Development Fund. Was any meeting held by the Cardamom Development Fund for the period between 2015-2017. Was the said fund functional during the above period? Thereafter, was any amount spent by the board from the said fund towards fees for any football tournament in 2017?. If yes, what authorized (any law, rule, trust deed etc) the said spending? Was an amount distributed to cardamom growers in Idukki by the fund after 2015? If yes, how much was distributed?. If distributed, what was the basis of such distribution of fund? On what basis was cardamom growers selected for receipt of funds? Information furnished by the PIO: Cardamom Development Fund (CDF) is not a public authority coming under RTI ACT.
Observation: Cardamom Development Fund(CDF) Trust which is a fund contributed by cardamom stake holders of Idukki district and it is not funded from the consolidated fund of India and it does not comes under the Sub- Section h of Section 2 of RTI Act 2005.
13: How are Spices Board officials selected for attending international fairs? Information furnished by the PIO: On rotation basis, on approval of the competent authority for foreign travel.
Observation: Spices Board officials selected for attending international fairs on rotation basis on approval of the competent authority and reply provided is correct and complete.
Page 4 of 714: Towards participation in international fairs which airlines were used? If airlines other than Air India was used, was permission sought from Ministry of Commerce and Industries?
Information furnished by the PIO: All travel is predominantly by Air India. Exemptions are sought from Ministry of civil aviation. Observation: Spices Board follows the Government of India directions for air travel. All air travel is predominantly by Air India. Exemptions from Air India travel is sought from the Ministry of Civil Aviation. 15: How much amount was paid by the Spices Board to perfect holidays during the period between 2011-2012 and 2014-2015?
Information furnished by the PIO: Information requested is exempt under Section 7(9) of the Right to Information Act, 2005. Observation: The information is not readily available with the Board and it requires compilation of accounts from 2011-12, 2014-15 which would disproportionately divert the resources of the Public Authority hence it is exempted under Section 7(9) of RTI Act 2005.
16: Did the Spices Board enter into any agreement with Perfect Holidays during this time? 17: was any advance payments made by the Spices Board to perfect Holidays during the above period? If then, did the invoices issued by Perfect holidays contain information under "Air Travel" " Hotel Accommodation"
"Travel Insurance" and Visa Fees"
18: What was the procedure followed in choosing Perfect Holiday? 19: Is there a procedure established by law towards selection of private entities for such purposes as was being done by Perfect holidays? Information furnished by the PIO to question No.16, 17, 18, 19: Since its inception, Spices Board has not entered into any agreement or tender with any private parties to act as its authorized ticketing agencies. Officials have booked travel tickets via various ticketing agents of their choice such as M/s.Kerala Travels, M/s.Dove Holidays, M/s.Pricol Travels, makemytrip.com, M/s.Perfect holidays etc. and the bills were reimbursed by the Board. All invoices are required to delineate their charges under appropriate heads for settlement. Observation: The information provided by the PIO is clear. 20: Was there an audit report for the Spices Board for the period between 2012-20177 If yes, please provide me a copy.
Information furnished by the PIO: Audit reports are available in the website of C & AG for sharing.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Page 5 of 7Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not Present.
Respondent: Shri Manikandhan, Dy. Director & CPIO present through Video- Conference.
The written submissions dated 17.05.2024 of the Respondent are taken on record.
The Respondent while defending their case inter-alia submitted that complete point-wise reply/information, as per the documents available on records has been provided to the Appellant. Further, now at the stage of second appeal, the Respondent has submitted their point-wise comments on the RTI application of the Appellant.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, notes that the Respondent provided factual position in the matter to the Appellant vide letter dated 20.07.2021.
Now at the stage of second appeal, the Respondent has submitted his point- wise comments on the RTI application of the Appellant.
Further, the said written submissions of the Respondent are being treated as a revised reply to the instant RTI application which was not yet shared with the Appellant. In view of this, the Respondent is directed to share their written submissions with the Appellant, through speed-post, within a week from the date of receipt of this order.
In this regard, the Commission finds no infirmity in the reply and as a sequel to it further clarifications tendered by the CPIO during hearing as the same was found to be in consonance with the provisions of RTI Act.
Page 6 of 7Further, the Appellant was not present to contest the submissions of the Respondent or to substantiate his claims.
In view of this, no further intervention of the Commission is warranted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA SPICES BOARD SUGANDHA BHAWAN, N H BY-PASS P B NO.2277, PALARIVATTOM P.O. KOCHI - 682025.Page 7 of 7
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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