Central Information Commission
Mrs L Sisodia vs Icar on 11 August, 2016
Central Information Commission, New Delhi
File No. CIC/SH/A/2015/001315
Right to Information Act2005Under Section (19)
Date of hearing : 11th August 2016
Date of decision : 11th August 2016
Name of the Appellant : Dr. S. L. Sisodia,
Chief Veterinary Officer, C.S.W.R.I.,
Avikanagar, ViaJaipur, Tonk,
Rajasthan 304501
Name of the Public : Central Public Information Officer,
Authority/Respondent Central Sheep & Wool Research Institute,
Avikanagar, Tehsil Malpura, ViaJaipur,
Distt Tonk Rajasthan 304501
RTI Application filed on : 28/01/2015
CPIO replied on : 24/02/2015
First Appeal filed on : 27/02/2015
First Appellate Authority order on : 23/03/2015
2nd Appeal received on : 12/05/2015
The Appellant was present at the NIC Studio, Tonk.
On behalf of the Respondents, Shri M. L. Gupta, CPIO was present at the NIC
Studio, Tonk.
Information Commissioner : Shri Sharat Sabharwal
File No. CIC/SH/A/2015/001315
Information sought
1. Copies of the attendance of all the Scientists and staff working in the Division of Animal Nutrition, CSWRI, Avikanagar as marked in the BioMetric Based Attendance Control System (BACS) w.e.f. 1.7.2013 to 31.12.2014.
2. Copies of consolidated absentee statements submitted by Dr. A Sahoo, Head, Division of Animal Nutrition, CSWRI, Avikanagar to the DDO, CSWRI, Avikanagar w.e.f. 11.7.2013 to 10.01.2015, along with copy of the annexure enclosed with the consolidated absentee statement.
3. Provide the name of all the scientists working in the Division of Animal Nutrition, CSWRI, Avikanagar w.e.f. 1.6.2013 to 31.1.2015. The CPIO reply The CPIO denied the information under section 8 (1) of the RTI Act, stating that investigation was under process.
Grounds of the First Appeal Not satisfied with the CPIO's reply.
Order of the First Appellate Authority The FAA upheld the CPIO's reply.
File No. CIC/SH/A/2015/001315 Grounds of the Second Appeal Not satisfied with the response of the Respondents. Relevant facts emerging during the Hearing, Discussion and Decision The Appellant stated that no information has been provided to him. The Respondents stated that in the normal course, they would have provided the information. However, the Appellant filed a complaint to their Head Office on 12.1.2015 against some payment made to a particular officer. Thereafter, he filed his RTI application dated 28.1.2015, seeking information on three points.
2. We have considered the submissions of both the parties and note that the information has been denied by the CPIO and the FAA by citing Section 8 (1) of the RTI Act and without citing any particular subclause of Section 8 (1), under which the information sought is exempted from disclosure. In our view, there is no ground to deny the information on all the three points under the RTI Act. Therefore, the CPIO is directed to provide the information in response to all the three points to the Appellant, free of charge, within fifteen days of the receipt of this order, under intimation to the Commission.
3. With the above direction and observations, the appeal is disposed of.
File No. CIC/SH/A/2015/001315
4. Copies of this order be given free of cost to the parties.
Sd/ (Sharat Sabharwal) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar File No. CIC/SH/A/2015/001315