Central Information Commission
Malti Gupta vs Veterinary Council Of India on 22 August, 2022
CIC/VCOIN/A/2021/119498
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. CIC/VCOIN/A/2021/119498
In the matter of:
Malti Gupta ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Veterinary Council of India,
A-Wing, IInd Floor,
August Kranti Bhawan,
Bhikaji Kama Place,
New Delhi-110066
Relevant dates emerging from the appeal:
RTI Application filed on : 07.12.2020
CPIO replied on : Not on Record
First Appeal filed on : 23.03.2021
First Appellate Authority order : Not on Record
Second Appeal received on : 18.05.2021
Date of Hearing : 18.08.2022
The following were present:
Appellant: Ms. Malti Gupta, participated in the hearing in person after the
hearing was over.
Respondent: Shri Balbir Singh, SO & CPIO and Shri T.P. Singh, FAA &
Assistant Secretary, participated in the hearing in person.
Page 1 of 8
CIC/VCOIN/A/2021/119498
ORDER
Information sought:
The Appellant filed an online RTI Application dated 07.12.2020 seeking information as under:
"Please provide daily progress report of email- Regarding the proceedings of the copy committee meeting received by Maharashtra State Veterinary Council 24/09/2020, Dated-19.11.2020 Letter No.-F.No- HCFSA/2020/20200606 MSVC-Maharashtra /COMP/025 Dated:- 06-06-2020 letter no. F.No- HCFSA/2020/ 20200606 MSVC-Maharashtra /COMP/045 Dated-18.11.2020 Related to complaint for unlawful treatment and strict action against animal cruelty and cancellation of registration.
2. Provide action taken report of complaints till date (Letter No.- F.No- HCFSA/2020/20200606 MSVC-Maharashtra /COMP/025 Dated:- 06-06-2020 and letter no. F.No- HCFSA/2020/ 20200606 MSVC-Maharashtra /COMP/045 Dated- 18.11.2020)."
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 23.03.2021, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of non- receipt of information from the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.Page 2 of 8
CIC/VCOIN/A/2021/119498 Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that she has not received the relevant information qua the instant RTI Application from the Respondent.
The Respondent submitted that first reply qua the instant RTI Application has been given to the Appellant vide letter dated 06.01.2021. The contents of the same are as under:
At the instance of the Commission whether the First Appeal has been adjudicated or not, the Respondent submitted that First Appeal has been adjudicated on 21.05.2021. The contents of the same are as under:Page 3 of 8
CIC/VCOIN/A/2021/119498 He further added that First Appellate Authority's order has been complied with and accordingly vide letter dated 02.06.2021, the Appellant has been informed as under:
He furthermore submitted that the subject matter of the instant RTI Application pertains to Maharashtra State Veterinary Council and Veterinary Council of India does not have any administrative control over the same. He further reiterated the contents of the written submission dated 10.08.2022.
A written submission has been received by the Commission from Shri. T.P. Singh, Assistant Secretary, VCI/ First Appellate Authority vide letter dated 10.08.2022 and the same has been marked to the Appellant, wherein the Commission has been apprised as under:Page 4 of 8
CIC/VCOIN/A/2021/119498 Page 5 of 8 CIC/VCOIN/A/2021/119498 Page 6 of 8 CIC/VCOIN/A/2021/119498 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the subject-matter of the instant RTI Application more particularly pertains to Maharashtra State Veterinary Council who is under the control of the Maharashtra State Government which is beyond the adjudication power of this Commission, hence, the Appellant is advised to take-up the issue before the said competent authority/forum as the Commission is not empowered to adjudicate upon the matters which is outside the purview of Central List With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 22.08.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 7 of 8 CIC/VCOIN/A/2021/119498 Addresses of the parties:
1. The First Appellate Authority (FAA), Veterinary Council of India, A-Wing, IInd Floor, August Kranti Bhawan, Bhikaji Kama Place, New Delhi-110066
2. The Central Public Information Officer, Veterinary Council of India, A-Wing, IInd Floor, August Kranti Bhawan, Bhikaji Kama Place, New Delhi-110066
3. Ms. Malti Gupta, Page 8 of 8