Central Information Commission
Vishnu G. Karnataki vs Food Safety And Standard Authority Of ... on 24 April, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/FSSAI/A/2024/628015.
Shri. Vishnu G. Karnataki. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Food Safety and Standard Authority of India.
Date of Hearing : 22.04.2025
Date of Decision : 22.04.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 23.04.2024
PIO replied on : 03.06.2024
First Appeal filed on : 27.05.2024
First Appellate Order on : 21.06.2024
2ndAppeal/complaint received on : 03.07.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 23.04.2024 seeking information on following points:-
"1) Copies of annual food inspections of the following FBOs from 2015.
a) Parle Biscuits Pvt. Ltd. License No. 10013022002253
b) Parle Products Pvt. Ltd. License No. 10013022002245
c) Bunty Foods (I) Pvt. Ltd. License 10012022000054
2) The NOCs submitted by Bunty Foods (I) Pvt. Ltd. License 10012022000054 in the favour of Parle Products Pvt. Ltd. or Parle Biscuits Pvt. Ltd. from 2015.
3) The Lab Test Certificates submitted by Parle Biscuits Pvt. Ltd. No.10013022002253, from 2015
4) The Lab Test Certificates submitted by Parle Products Pvt. Ltd. No.10013022002245, from 2015
5) The Lab Test Certificates submitted by Bunty Foods (I) Pvt. Ltd. License 10012022000054, from April 2022.
6) Copies of annual returns submitted by Parle Biscuits Pvt. Ltd. No. 10013022002253, from 2015.
Etc."
The CPIO, Deputy Director vide letter dated 03.06.2024 replied as under:-
"With reference to the above-mentioned subject and references, this office would like to apprise you that, based on RTI application by the applicant, this office sent a Notice under section 11 of the RTI Act,2005 to the third parties (Copies of the same was sent to applicant Page 1 which returned to this office dated 31.05.2024 as it was unclaimed by the applicant) Considering the responses of third parties, CPIO is of the opinion, not to disclose the information sought in RTI application. In view of the above RTI application of the applicant stands disposed of."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.05.2024. The FAA vide order dated 21.06.2024 stated as under:-
"2. After examination of the facts, In the instant case, since the matter pertains to third-party information, CPIO has followed the procedure under Section 11 of the RTI Act, 2005 and thereby issued an order vide file number FSSAI/R/2024-25/Lic/Q1/466 dated 03/06/2024. Since the order has been issued, the appeal is disposed of."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Ms. Vaidehi Kalzunkar, Deputy Director, FSSAI, Western Regional office- participated in the hearing through video-conferencing.
The Respondent stated that the information sought by the Appellant is related to third parties and same is exempted form disclosure under section 8(1)(d) and 8(1)(j) of the RTI Act. Furthermore, the Appellant has sought records of 10 years compilation and collation of same is not feasible.
Decision:
Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Commission notes that the reply is self- explanatory and no legal infirmity is found in the response furnished by the Respondent. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 2 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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