Central Information Commission
Subhash Chandra Agrawal vs National Dairy Research Institute ... on 15 May, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा /Second Appeal No. CIC/NDRES/A/2025/119476
Subhash Chandra Agrawal ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
National Dairy Research Institute (ICAR)
New Delhi ... ितवादीगण /Respondents
Date of Hearing : 05/05/2026
Date of Decision : 15/05/2026
INFORMATION COMMISSIONER : Ashutosh Chaturvedi
Relevant facts emerging from Second Appeal/Complaint:
RTI application filed on 16/05/2025
CPIO replied on 21/05/2025
First appeal filed on 26/05/2025
FAA's order dated 30/05/2025
Second Appeal dated 11/06/2025
Information sought:
The appellant has filed RTI application dated 16/05/2025 seeking the following information:
"...1. Relationship of (a) Mother Dairy (b) Amul with NDDB
2.Detailed information together with all related file noting /correspondence /documents etc. on Mother Dairy launching scheme for some days by providing half-litre pack of pro-milk was provided free with one-litre pack of buffalo-milk Second Appeal/ Complaint No. CIC/NDRES/A/2025/119476 Page 1 of 4 either by NDDB and/or any other concerned authority where information may be available.
3. Dates when the scheme as referred in query (2) was available mentioning if it was to promote Mother Dairy buffalo-milk or Mother Dairy pro-milk.
4. Daily average increase in sale of Mother Dairy Buffalo milk (one-litre pack) during the period scheme as referred in query (2) remained operative mentioning if the sale of Mother Dairy Buffalo milk (one-litre pack) decreased/came back as prior to scheme-period.
5. Information if the scheme was for benefit of consumers or for dealers mentioning if the scheme was also available on Mother Dairy booths..."
2. The CPIO has furnished a reply to the appellant on 21/05/2025 stated as:
"We wish to inform you that Mother Dairy Fruit & Vegetable Private Limited (hereinafter referred to as "MDFVPL") is a private limited company and does not come under the purview and scope of Right to Information Act, 2005 (hereinafter referred as "RTI Act"). Thus, MDFVPL is not bound to provide any information which is sought to be obtained under the RTI Act.
Further, the issue of applicability of the RTI Act on MDFVPL is pending adjudication before the Division Bench of Hon'ble Delhi High Court in L.P.A. 148/2015 & 206/2015, wherein the Division Bench of Hon'ble Delhi High Court has stayed the order dated 2.2.2015 of the Hon'ble High Court of Delhi holding the RTI Act to be applicable to MDFVPL.
Hence, till the matter is adjudicated by the Division Bench of Hon'ble High Court, it would not be feasible to deal with the RTI application or information sought by you."
3. Aggrieved and dissatisfied, the appellant filed the First Appeal with the first Appellate Authority and the First Appellate Authority vide order dated 30/05/2025 stated as under:
"Upon perusal of the above documents, I found that the reply of CPIO, NDDB to your RTI application is apt and the same is in consonance with the provisions of the RTI Act, 2005. CPIO, NDDB in his reply dated 21.05.2025 has mentioned that your RTI application was referred to Mother Dairy Fruit & Vegetable Pvt. Ltd. (MDFVPL), a subsidiary company of NDDB, and sought information from MDFVPL and the input received from MDFVPL was incorporated in the reply.Second Appeal/ Complaint No. CIC/NDRES/A/2025/119476 Page 2 of 4
Therefore, the CPIO has rightly replied to your RTI application under the provisions of the RTI Act, 2005. Thus, CPIO, NDDB's reply does not warrant any interference. Therefore, your contention mentioned in the First Appeal dated 27.05.2025 is without any substance and merits.
In view of the above, your appeal is disposed of accordingly."
4. Aggrieved and dissatisfied, the Appellant filed the Instant Second Appeal on 11/06/2025.
Written Submission of the Respondent dated 16/03/2026 is taken on record Written Submission of the Appellant dated 01/05/2026 is taken on record
5. Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in Person Respondent: Shri. Sanjeevni Nagarajan Sr. manager (Legal Services) and Smt. Pallavi A. Joshi Manager (Legal Services) (Authorized Representatives) participated in the hearing on VC The Appellant submits that NDDB is a statutory body established by an Act of Parliament and holds 100% shareholding in Mother Dairy Fruit & Vegetable Pvt. Ltd. (MDFVPL). Therefore, the information sought is clearly "held or under the control of" NDDB under Section 2(f) & 2(j) of the RTI Act. Further the Single Bench of the Hon'ble Delhi High Court in its judgment dated 02.02.2015 in W.P.(C) 3110/2011 had already held that Mother Dairy is a public authority under the RTI Act, being substantially financed and controlled by the Central Government through NDDB. Although the Division Bench granted a stay in 2015, the matter has remained pending for more than 11 years. There were virtually no effective hearings between 2017 and 2024. Such inordinate delay cannot be allowed to defeat the citizen's right to information.
The Respondent submits that the RTI application and the queries raised therein do not pertain to the functioning of NDDB. The information sought relates entirely to the commercial operations and promotional scheme of Mother Dairy Fruit & Vegetable Private Limited (MDFVPL), which is a separate legal entity and a subsidiary of NDDB. Further MDFVPL is a private limited company and does not fall within the purview of the RTI Act, 2005. The issue of applicability of the RTI Act to MDFVPL is pending adjudication before the Division Bench of the Hon'ble Delhi High Court in LPA Nos. 148/2015 & 206/2015, wherein the Single Bench order dated 02.02.2015 has been stayed.Second Appeal/ Complaint No. CIC/NDRES/A/2025/119476 Page 3 of 4
DECISION The Commission has carefully considered the RTI application, the replies of the CPIO and FAA, the material on record, and the submissions made by both parties.
It is an admitted position that the information sought relates to a promotional scheme undertaken by Mother Dairy Fruit & Vegetable Private Limited (MDFVPL). NDDB has taken the stand that MDFVPL is a separate legal entity and the applicability of the RTI Act to it is pending consideration before the Hon'ble Delhi High Court in LPA Nos. 148/2015 & 206/2015.
The Commission finds merit in the Respondent's submissions. In view of the pendency of the matter before the Hon'ble High Court, it would not be appropriate for this Commission to direct disclosure of the information at this stage.
No further intervention of the commission is warranted. The Appeal stands disposed of.
Sd/-
Ashutosh Chaturvedi (आशु तोष चतु वदी) Information Commissioner (सू चना आयु ) िदनां क/ Date: 15.05.2026 Authenticated true copy (अिभ मािणत स ािपत ित) Ram Singh Meena (राम िसंह मीना) Dy. Registrar (उप पंजीयक) 011- 26715467 Address of the Parties:
1. CPIO, National Dairy Development Authority Anand 388001 (Gujarat)
2. Subhash Chandra Agrawal Second Appeal/ Complaint No. CIC/NDRES/A/2025/119476 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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