Central Information Commission
Arun Dhir vs Central Pollution Control Board, Delhi on 30 January, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. (As Per Annexure)
Arun Dhir ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: Central Pollution
Control Board (M/o. ... ितवादीगण/Respondent
Environment, Forests &
Climate Change), New Delhi
Relevant dates emerging from the appeal(s):
Sl. No. Second Date of Date of Date of Date of Date of
Appeal RTI CPIO's First FAA's Second
No. Application Reply Appeal Order Appeal
1. 124509 04.04.2024 02.05.2024 09.05.2024 12.06.2024 30.07.2024
2. 140576 07.08.2024 03.09.2024 03.10.2024 30.10.2024 16.12.2024
3. 140577 17.08.2024 03.09.2024 03.10.2024 30.01.02024 16.12.2024
4. 100685 04.09.2024 23.09.2024 18.10.2024 19.11.2024 06.01.2025
The instant set of appeals have been clubbed for decision as these relate to similar
RTI Applications and same subject matter.
Date of Hearing: 28.01.2026
Date of Decision: 30.01.2026
CORAM:
Hon'ble Commissioner
Shri P R Ramesh
ORDER
Page 1 of 15 Second Appeal No. CIC/CPCBD/A/2024/124509
1. The Appellant filed an RTI application dated 04.04.2024 seeking information on the following points:
" Regarding Letter dated 27.02.2024
1. Please provide a certified copy of the document showing the action taken by competent authority for enforcement of Guidelines issued by CPCB as provision of Rule 5(C) of PWM Rules 2016.
2. Please provide a certified copy of the document showing the definition of "Minimization" or "Minimizing" or "Minimize" as per mandate of PWM Rules 2016 and as mentioned in clause 5.2.1 of the Guidelines issued by CPCB as per provision of Rule 5(c) of PWM Rules 2016
3. Please provide certified copies of the note/noting/comments given by various authorities after receiving the letter dated 27.02.2024.
4. Please provide certified copies of the directions issued or decisions taken by the competent authorities of CPCB considering the above referred letter dated 27.02.2024 in favor of public at large and in the interest of nation.
5. Please provide the certified copy of the records showing the current status of the letter dated 27.02.2024...etc. 1.1. The CPIO replied vide letter dated 02.05.2024 and the same is reproduced as under :-
"This has reference to your online RTI with registration no. CPCBD/R/P/24/00055 dated 08/04/2024 received in the division. In response to your above referred application, it is to inform that as per clause 5(1)(c) of the PWM Rules, 2016, as amended "The plastic waste management by the urban local bodies in their respective jurisdiction shall be as under: -Page 2 of 15
Thermo set plastic waste shall be processed and disposed off as per the guidelines issued from time to time by the Central Pollution Control Board."
CPCB has published the Guidelines for Disposal of Thermoset Plastic Waste including Sheet moulding compound (SMC)/Fibre Reinforced Plastic (FRP) which is available on the CPCB Website. The link is provided as under:
(https://cpcb.nic.in/displaypdf.php?id=cGxhc3RpY3dhc3RIL1RoZXJtb3NldF9Hd WIkZWxpbmVzLnBkZg==) Further as per clause 6(2)(d) of the said Rules, "The local body shall be responsible for setting up, operationalisation and co-ordination of the waste management system and for performing the associated functions, namely: -
ensuring processing and disposal on non-recyclable fraction of plastic waste in accordance with the guidelines issued by the Central Pollution Control Board."
1.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 09.05.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 12.06.2024 observed as under:-
2. I have gone through the entire records available in the file including the RTI application vide RTI Reg. No. CPCBD/R/P/24/00055 dated 08/04/2024 and the reply of CPIO vide letter no. CP-20/21/2022-UPC-II-HO-CPCB-HO dated 02/05/2024.
3. The appeal is examined and CPIO is directed to provide point-wise available information to the appellant within 10 days of receipt of this order.
In view of the above facts, I conclude the Appeal as Disposed. A copy of this order may be given to all concerned.
1.3. In compliance of order of FAA, the PIO furnished reply dated 11.07.2024 as under:
Page 3 of 15"..It is to inform that "As per clause 5(1)(c) of the PWM Rules, Thermo set plastic waste shall be processed and disposed off as per the guidelines issued from time to time by the Central Pollution Control Board. CPCB has published the Guidelines for Disposal of Thermoset Plastic Waste including Sheet moulding compound (SMC)/Fibre Reinforced Plastic (FRP) which is available on the CPCB Website.
Further, as per clause 6(2)(d) of the said Rules, "The local body shall be responsible for setting up, operationalisation and co-ordination of the waste management system and for performing the associated functions, namely:
ensuring processing and disposal on non-recyclable fraction of plastic waste in accordance with the guidelines issued by the Central Pollution Control Board..."
1.4. Aggrieved and dissatisfied , the Appellant approached the Commission with the instant Second Appeal dated 30.07.2024.
1.5. A written submission dated 19.01.2026 has been received from the Appellant and same has been taken on record for perusal.
Second Appeal No. CIC/CPCBD/A/2024/140576
2. The Appellant filed an RTI application dated 07.08.2024 seeking information on the following points:
"As per Section 6 and sub-section (j) of section 2 of RTI Act, Please provide the earliest date and time for inspection of documents and records related to the letter dated 27.02.2024 submitted by the applicant in CPCB office on 27.02.2024 (copy attached). CPIO is requested to act as expeditiously as possible."
2.1. The CPIO replied vide letter dated 03.09.2024 and the same is reproduced as under :-
Page 4 of 15"This has reference to your online RTI with registration no. CPCBD/R/P/24/00122 dated 08/08/2024 received in the division. In response to your above referred application, the Point wise information is given below:
CPCB has published the Guidelines for Disposal of Thermoset Plastic Waste including Sheet moulding compound (SMC)/Fibre Reinforced Plastic (FRP) which is available on the CPCB Website.
Further, as per clause 6(2)(d) of the said Rules, "The local body shall be responsible for setting up, operationalisation ordination of the waste management system and for performing the associated functions, namely: ensuring processing and disposal on non-recyclable fraction of plastic waste in accordance with the guidelines issued by the Central Pollution Control Board."
2.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 03.10.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 30.10.2024 observed as under:-
2. I have gone through the entire records available in the file including the RTI application vide RTI Reg. No. CPCBD/R/P/24/00122 dated 08/08/2024 and the reply of CPIO vide letter no. CP-20/21/2022-UPC-II-HO-CPCB-HO dated 03/09/2024.
3. The appeal is examined and CPIO is directed to provide a convenient date and time to the appellant for inspection of the documents and records related to his letter dated 27.02.2024.
In view of the above facts, I conclude the Appeal as Disposed. A copy of this order may be given to all concerned 2.3. Aggrieved with the non-compliance of FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 16.12.2024. Second Appeal No. CIC/CPCBD/A/2024/140577 Page 5 of 15
3. The Appellant filed an RTI application dated 17.08.2024 seeking information on the following points:
"..Regarding Letter dated 31.07.2024
1. Please provide a certified copy of the notes and extracts on applicant's letter dated 31.07.2024 submitted by the applicant in your office on 31.07.2024.
2. Please provide a certified copy of the directions issued or decisions taken in favor of the public at large and in the interest of nation by the competent authorities of CPCB on the letter dated 31.07.2024 submitted by the applicant.
3. Please provide a certified copy of the record showing the current status of the letter dated 31.07.2024 submitted by the applicant.
4. Please provide the certified copy of the information giving details of any noting/order/direction issued in general or in the favor of the public at large or in the interest of nation by the competent authorities of CPCB considering the letter dated 31.07.2024 submitted by the applicant.
5. Please provide a certified copy of the letter dated 31.07.2024 submitted by the applicant showing all the details of the concerned officers/departments from where the said letter has been dealt with or moved with and forwarded/marked to another official/department.
6. Please provide a certified copy of the note sheet (if any) made on the letter dated 31.07.2024 submitted by the applicant., etc./ other related information.."
3.1. The CPIO replied vide letter dated 03.09.2024 and the same is reproduced as under :-
"This has reference to your online RTI with registration no. CPCBD/R/P/24/00130 dated 23/08/2024 received in the division. In response to your above referred application, the Point wise information is given below:Page 6 of 15
CPCB has published the Guidelines for Disposal of Thermoset Plastic Waste including Sheet moulding compound(SMC)/Fibre Reinforced Plastic (FRP) which is available on the CPCB Website.
Further, as per clause 6(2)(d) of the said Rules, "The local body shall be responsible for setting up, operationalisation and co-ordination of the waste management system and for performing the associated functions, namely: ensuring processing and disposal on non-recyclable fraction of plastic waste in accordance with the guidelines issued by the Central Pollution Control Board."
Responsibility for implementation of the guidelines is already outlined in the rules. No action taken on the applicant letter dated 31.07.2024.
3.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 03.10.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 30.10.2024 observed as under:-
2. I have gone through the entire records available in the file including the RTI application vide RTI Reg. No. CPCBD/R/P/24/00130 dated 23/08/2024 and the reply of CPIO vide letter no. CP-20/21/2022-UPC-II-HO-CPCB-HO dated 03/09/2024.
3. The appeal is examined and CPIO is directed to provided point-wise available information to the appellant within 10 days of receipt of this order.
In view of the above facts, I conclude the Appeal as Disposed. A copy of this order may be given to all concerned.
3.3. Aggrieved with the non-compliance of FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 16.12.2024. Second Appeal No. CIC/CPCBD/A/2025/100685
4. The Appellant filed an RTI application dated 04.09.2024 seeking information on the following points:
Page 7 of 15"As per Section 6 and sub-section (j) of section 2 of RTI Act, Please provide the earliest date and time for inspection of documents and records related to the letter dated 31.07.2024 & 12.08.2024 submitted by the applicant in CPCB office on 31.07.2024 & 13.08.2024 respectively (copy attached). CPIO is requested to act as expeditiously as possible."
4.1. The CPIO replied vide letter dated 23.09.2024 and the same is reproduced as under :-
"This has reference to your online RTI with registration no. CPCBD/R/P/24/00134 dated 04/09/2024 received in the division. In this RTI the same information provide to you (RTI dated 08.08.2024 & 23.08.2024) by RTI No. CPCBD/R/P/24/00122 & CPCBD/R/P/24/00130 vide letter dated 03.09.2024. In response to your above referred application, the Point wise information is given below:
CPCB has published the Guidelines for Disposal of Thermoset Plastic Waste including Sheet moulding compound (SMC)/Fibre Reinforced Plastic (FRP) which is available on the CPCB Website.
Further, as per clause 6(2)(d) of the said Rules, "The local body shall be responsible for setting up, operationalisation and co-ordination of the waste management system and for performing the associated functions, namely: ensuring processing and disposal on non-recyclable fraction of plastic waste in accordance with the guidelines issued by the Central Pollution Control Board."
No further information is available with CPCB.
4.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.10.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 19.11.2024 upheld the reply given by the CPIO.
Page 8 of 152. I have gone through the entire records available in the file including the RTI application vide RTI Reg. No. CPCBD/R/P/24/00134 dated 04/09/2024 and the reply of CPIO vide letter no. CP-20/21/2022-UPC-II-HO-CPCB-HO dated 23/09/2024.
3. The appeal is examined and CPIO is directed to provide a convenient date and time to the appellant for inspection of the documents and records related to his letter dated 31.07.2024 and 12.08.2024, as referred in the RTI application. In view of the above facts, I conclude the Appeal as Disposed. A copy of this order may be given to all concerned.
4.3. Aggrieved with the non-compliance of FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 06.01.2025. Facts emerging in Course of Hearing:
Appellant: Present in person.
Respondent: Shri G Thirumurthy, Director/CPIO and Ms. Divya Sinha- participated in the hearing.
5. The Appellant submitted that the relevant information as sought in his RTI Applications have not been furnished to him till date. He averred that in File No. CIC/CPCBD/A/2024/124509 he had specifically sought information on 6 points, and a vague reply was provided by the PIO. He averred that the FAA had directed the PIO to furnish a point-wise reply, but the PIO again in complete non-compliance of order of FAA furnished the same vague reply. He stated that he had sought information related to action taken on his letter dated 27.01.2024. A written submission of the Appellant reiterating the aforementioned facts has been received and taken on record for perusal.
6. As regards File No. CIC/CPCBD/A/2024/140576, the Appellant stated that he had requested for inspection of files/documents related to his letter dated 27.01.2024 and same was allowed by the FAA. However, again failed to comply with the order of FAA and inspection has not been offered to him till date. A written submission of the Page 9 of 15 Appellant reiterating the aforementioned facts has been received and taken on record for perusal.
7. The Appellant stated that in File No. CIC/CPCBD/A/2024/140577, he had sought information regarding action taken on his letter dated 31.07.2024 and matters related thereto and the PIO furnished a vague reply which has no connection with the information sought in his RTI Application. He further stated that the even in this case the FAA has directed the PIO to furnish a point-wise reply, but PIO failed to comply with the same. A written submission of the Appellant reiterating the aforementioned facts has been received and taken on record for perusal.
8. With regard to CIC/CPCBD/A/2025/100685, the Appellant stated that he had requested for the inspection of records with respect to his two letters dated 31.07.2024 and 12.08.2024 but the PIO has till date not offered inspection of records despite specific direction by the FAA. He averred that in all four cases the PIO has not complied with the order of FAA. He averred that the Respondent has acted in contravention of the provisions of the RTI Act. He stated that the conduct of CPIO reflects casual behaviour of officers towards RTI Application and mala fide on their part is evident in instant cases. He insisted that as per Section 20 of the RTI Act the penalty should be imposed on the CPIO and disciplinary proceedings should also be initiated against the CPIO. A written submission of the Appellant reiterating the aforementioned facts has been received and taken on record for perusal.
9. The Respondent while defending their case inter alia submitted that the Appellant a revised reply was furnished to the Appellant in terms of the order of FAA in case File No. CIC/CPCBD/A/2024/124509. As regards File Nos. CIC/CPCBD/A/2024/140576, CIC/CPCBD/A/2024/140577, CIC/CPCBD/A/2025/100685, the order of FAA was not complied with due administrative lapse on the part of dealing assistant.
Decision:
10. The Commission, after considering the facts and circumstances of the case, hearing both parties, and perusing the records, observes that the Central Pollution Control Board (CPCB) and the Ministry of Environment and Forests (MoEF) framed the Page 10 of 15 Guidelines for Disposal of Thermoset Plastic Waste, including Sheet Moulding Compound (SMC) and Fibre Reinforced Plastic (FRP), pursuant to the directions of the Hon'ble National Green Tribunal in Original Application No. 124/2014 and Miscellaneous Applications No. 382/2014 and No. 64/2015, vide order dated 12.12.2014.
11. It is noted that in all four cases, the Appellant has raised issues relating to the implementation of these Guidelines and matters relating thereto. The Commission observes that the issues raised by the Appellant are of significant public importance and that appropriate action is required to ensure effective and transparent implementation of the Guidelines issued by the CPCB in this regard.
File No. CIC/CPCBD/A/2024/124509
12. Perusal of records reveal that the main premise of Second Appeal is non- furnishing of point-wise information by the PIO. It is noted that the FAA vide order dated 12.06.2024 had directed the PIO to furnish a point-wise reply to the Appellant. However, the PIO had issued a revised reply to the Appellant vide letter dated 11.07.2024, in the said reply all the points of the RTI Application were not considered. Accordingly, the PIO is directed to re-examine the matter and furnish a revised point- wise reply to the Appellant strictly as per the provisions of the RTI Act and their available official records within four weeks from the date of receipt of this order. In doing so, PIO shall ensure that personal information of any third party viz. name of any officer etc, or any other information which is exempted from disclosure under Section 8 or 9 of the RTI Act should not be disclosed and same should be reacted as per Section 10 of the RTI Act. A compliance report in this regard be filed with the Commission a week thereafter. The appeal is disposed of accordingly.
File No CIC/CPCBD/A/2024/140576
13. Perusal of records reveals that the main premise of Second Appeal is non- compliance of order of FAA. It is observed that the FAA vide order dated 30.10.2024 Page 11 of 15 had directed the CPIO to offer inspection of records but till date no letter in this regard has been issued by the CPIO. Commission admonishes the conduct of the then CPIO in not having complied with the direction of FAA. Therefore, Commission directs then CPIO through the present CPIO to send his/her written submissions to justify aforesaid gross violation of the provisions of RTI Act. The said written submission of then CPIO along with submissions of other concerned persons, if any, should reach the Commission within 30 days from the date of receipt of this order.
14. Now, Commission directs the CPIO to comply with the order of FAA dated 30.10.2024 and afford an opportunity of inspection of relevant records to the Appellant on a mutually decided date and time within four weeks from the date of receipt of this order. Further, on the day of inspection, all relevant records must be brought at one place to facilitate inspection and not make the Appellant run around various departments of the Respondent Public Authority. Intimation of date and time should be sent to the Appellant well in advance in writing. Copy of documents that the Appellant desires during the inspection shall be provided by the CPIO free of cost up to 20 pages, for pages exceeding this limit, CPIO may charge prescribed fees as per RTI Rules, 2012. In doing so, PIO shall ensure that personal information of any third party viz. name of any officer etc, or any other information which is exempted from disclosure under Section 8 or 9 of the RTI Act should not be disclosed and same should be reacted as per Section 10 of the RTI Act. A compliance report in this regard be filed with the Commission a week thereafter. The appeal is disposed of accordingly.
File No. CIC/CPCBD/A/2024/140577
15. Perusal of records reveal that the main premise of Second Appeal is non- furnishing of point-wise information by the PIO. It is noted that the FAA vide order dated 30.10.2024 had directed the PIO to furnish a point-wise reply to the Appellant. It is pertinent to mention that till date PIO has not complied with the order of FAA. Commission admonishes the conduct of the then CPIO in not having complied with the direction of FAA. Therefore, Commission directs then CPIO through the present CPIO to Page 12 of 15 send his/her written submissions to justify aforesaid gross violation of the provisions of RTI Act. The said written submission of then CPIO along with submissions of other concerned persons, if any, should reach the Commission within 30 days from the date of receipt of this order.
16. Now, Commission directs the CPIO to comply with the order of FAA dated 30.10.2024 and re-examine the matter and furnish a revised point-wise reply to the Appellant strictly as per the provisions of the RTI Act and their available official records within four weeks from the date of receipt of this order. In doing so, PIO shall ensure that personal information of any third party viz. name of any officer etc, or any other information which is exempted from disclosure under Section 8 or 9 of the RTI Act should not be disclosed and same should be reacted as per Section 10 of the RTI Act. A compliance report in this regard be filed with the Commission a week thereafter. The appeal is disposed of accordingly.
File No. CIC/CPCBD/A/2025/100685
17. Perusal of records reveals that the main premise of Second Appeal is non- compliance of order of FAA. It is observed that the FAA vide order dated 19.11.2024 had directed the CPIO to offer inspection of records but till date no letter in this regard has been issued by the CPIO. Commission admonishes the conduct of the then CPIO in not having complied with the direction of FAA. Therefore, Commission directs then CPIO through the present CPIO to send his/her written submissions to justify aforesaid gross violation of the provisions of RTI Act. The said written submission of then CPIO along with submissions of other concerned persons, if any, should reach the Commission within 30 days from the date of receipt of this order.
18. Now, Commission directs the CPIO to comply with the order of FAA dated 19.11.2024 and afford an opportunity of inspection of relevant records to the Appellant on a mutually decided date and time within four weeks from the date of receipt of this order. Further, on the day of inspection, all relevant records must be brought at one place to facilitate inspection and not make the Appellant run around various departments of the Page 13 of 15 Respondent Public Authority. Intimation of date and time should be sent to the Appellant well in advance in writing. Copy of documents that the Appellant desires during the inspection shall be provided by the CPIO free of cost up to 20 pages, for pages exceeding this limit, CPIO may charge prescribed fees as per RTI Rules, 2012. In doing so, PIO shall ensure that personal information of any third party viz. name of any officer etc, or any other information which is exempted from disclosure under Section 8 or 9 of the RTI Act should not be disclosed and same should be reacted as per Section 10 of the RTI Act. A compliance report in this regard be filed with the Commission a week thereafter. The appeal is disposed of accordingly.
Matters are disposed of accordingly.
Copy of the decision be provided free of cost to the parties.
(P R Ramesh) (पी. आर. रमेश) Information Commissioner (सूचना आयु ) Authenticated true copy Vivek Agarwal (िववेक अ वाल) Dy. Registrar (उप पं जीयक) 011-26107048 Addresses of the parties:
1 The CPIO Director-(UPC-II) & CPIO, Central Pollution Control Board (M/o. Environment, Forests & Climate Change), Parivesh Bhawan, East Arjun Nagar, New Delhi-110032.
2 Arun Dhir Page 14 of 15 Annexure of Second Appeals Sl. No. Second Appeals 1 CIC/CPCBD/A/2024/124509 2 CIC/CPCBD/A/2024/140576 3 CIC/CPCBD/A/2024/140577 4 CIC/CPCBD/A/2025/100685 Page 15 of 15 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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