Central Information Commission
Krishnakumar Kv vs Fluid Control Research Institute on 13 February, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/FCRIN/C/2024/630509
Krishnakumar KV ....अपीलकता/Complainant
VERSUS
बनाम
.... ितवादीगण /Respondent
The CPIO Fluid Control Research
Institute, Kanjikode West, Palakkad -
678623
Date of Hearing : 12.02.2026
Date of Decision : 13.02.2026
INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL
Relevant facts emerging from Complaint:
RTI application filed on : 06.06.2024
CPIO replied on : 04.07.2024
First appeal filed on : NA
First Appellate Authority's order : NA
Complaint dated : 17.07.2024
Page 1 of 6
Information sought:
1. The Complainant filed an RTI application dated 06.06.2024 seeking the following information:
"Please provide the Details of informations published in website and other media under suo-motto disclosure of RTI act section 4. Provide details, digital copies & Informations published in website under Section 4(1)(b) of the RTI act:-
(1) The particulars of the Fluid Control Research Institute (FCRI), functions and duties.
(2) The powers, duties, responsibilities of FCRI employees. (3) The procedure followed in the decision making process, including channels of supervision, activities of commercial, service nature etc. & measures to ensure Transparency, accountability.
(4) The norms set by FCRI for the discharge of its functions. (5) The rules, regulations, instructions, manuals and records held by FCRI or under its control are used by its employees for discharging its functions.
(6) A statement of the categories of documents that are held by FCRI or under its control.
(7) The particulars of any arrangement that exist for consultation with, or representation by, the management of the public in relation to the formulation of FCRI policy or implementation thereof.
(8) A statement of boards, councils, committees and other bodies consisting of two or more persons constituted in FCRI part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to public, or the minutes of such meetings are accessible for public.
(9) A directory of its officers and employees. (10) The monthly remuneration received by each of employees, officers and employees, workers of permanent, part time or contractual including the system of compensation as provided in its regulations.Page 2 of 6
(11) The budget allocated to each of FCRI projects, agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made.
(12) The manner of execution of subsidy programmes, including amounts the allocated and the details of beneficiaries of such programmes.
(13) Particulars of concessions, permits or authorizations granted by the organization.
(14) Details in respect of the information, available to or held by FCRI, reduced in an electronic form.
(15) The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use. (16) The names, designations and other particulars of the public information officers.
(17) Such other information as may be prescribed. (18) Provide details of services, consultancy offered by FCRI (19) Provide details of services, consultancy offered to Govt. or private institutions during the period 2022-2024 including the client name, address, terms & conditions including technical, financial."
2. The CPIO furnished a reply to the Complainant on 04.07.2024 stating as under:
"The information sought by RTI applicant is given under "Proactive Disclosure under RTI" in FCRI website, www.fcriindia.com."
3. Feeling aggrieved and dissatisfied, Complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Mr. Krishna Kumar K.V Respondent: Mr. U. Muthukumar, Chief Eng., CPIO
4. Proof of having served a copy of Second Appeals on Respondent, while filing the same in CIC, is not available on record.
Page 3 of 65. The Complainant inter alia submitted that the CPIO failed to provide the information sought in the RTI application dated 06.06.2024 and merely directed him to visit the website of the Fluid Control Research Institute (FCRI) under the heading "Proactive Disclosure under RTI". The Complainant further submitted that the respondent has not complied with Section 4 of the RTI. Further the Complainant requested the Commission to direct the Respondent to provide the required information and documents free of cost and to take action against the CPIO for misconduct.
6. Written submission of the Complainant dated 04.02.2026 is taken on record which states that the Complainant had filed an RTI application dated 06.06.2024 before the CPIO, Fluid Control Research Institute (FCRI). It is stated that the CPIO, vide reply dated 04.07.2024, merely informed that the information is available on the website of FCRI, without providing certified copies, specific URLs, document references, or digital records as requested. It is further stated the website disclosures are neither indexed nor structured, thereby defeating the objective of proactive disclosure. The Complainant prayed that the Commission declare the CPIO's reply illegal and incomplete, direct supply of complete certified information free of cost, order strict compliance of Section 4 by FCRI in a structured and user- friendly manner, and initiate action under Section 20 of the RTI Act against the CPIO.
7. The respondent while defending their case inter alia submitted that the information sought by the applicant pertains to suo motu disclosures mandated under Section 4(1)(b) of the RTI Act and is already available in the public domain on the official website of FCRI. It was stated that the applicant was accordingly informed of the availability of the information online.
8. Written submission dated 03.02.2026 filed by the respondent is taken on record which states that the RTI application dated 06.06.2024 contained 19 queries, all relating to suo motu disclosures under Section 4(1)(b) of the RTI Act. The requested information is already available under "Proactive Disclosure under RTI" on the official website of Fluid Control Research Institute (FCRI), www.fcriindia.com. Accordingly, the CPIO informed the applicant that the information is available in the public domain. It is further submitted that proactive disclosures are periodically updated and are subject to mandatory Annual Transparency Audit. The very objective of publishing such information online is to minimize individual RTI requests. Regarding the allegation that the reply did not bear office seal or designation, it is clarified that the response was provided through the RTI online portal on the Institute's letterhead.
Page 4 of 6Decision:
9. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records and written submission notes that the complaint has been filed under Section 18 of the RTI Act, which confers supervisory jurisdiction upon the Commission to examine matters relating to refusal of access, non-appointment of PIO, unreasonable delay, or other procedural lapses. However, it is well settled that the powers under Section 18 are distinct from those under Section 19 of the Act.
The Commission observes that in the case of Chief Information Commr. & Anr vs State Of Manipur & Anr (2011) Hon'ble Supreme Court held as under:
"....Therefore, the procedure contemplated under Section 18 and Section 19 of the said Act is substantially different. The nature of the power under Section 18 is supervisory in character whereas the procedure under Section 19 is an appellate procedure and a person who is aggrieved by refusal in receiving the information which he has sought for can only seek redress in the manner provided in the statute, namely, by following the procedure under Section 19. This Court is, therefore, of the opinion that Section 7 read with Section 19 provides a complete statutory mechanism to a person who is aggrieved by refusal to receive information. Such person has to get the information by following the aforesaid statutory provisions. The contention of the appellant that information can be accessed through Section 18 is contrary to the express provision of Section 19 of the Act. It is well known when a procedure is laid down statutorily and there is no challenge to the said statutory procedure the Court should not, in the name of interpretation, lay down a procedure which is contrary to the express statutory provision."
In the present case, although the Complainant has sought a direction for supply of information and documents in the prayer clause, such relief ordinarily falls within the scope of appellate jurisdiction under Section 19 of the Act and not under Section 18.
The Commission also observes that prima facie no malafide intention or deliberate obstruction on the part of the Respondent CPIO is found and a reply on the information sought has also been furnished.
With these observations, the instant complaint is disposed of Page 5 of 6 Sd/-
SANJEEV KUMAR JINDAL (सं जीव कुमार िजंदल) Information Commissioner (सू चना आयु ) date: 13.02.2026 Authenticated true copy (अिभ मािणत स ािपत ित) (S K Chitkara) Dy Registrar 011- 26107051 Addresses of the Parties:
(1) The CPIO Fluid Control Research Institute, Kanjikode West, Palakkad - 678623 (2) Shri Krishnakumar KV Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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