Central Information Commission
Kamal Kumar vs Ut Of Andaman & Nicobar on 16 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No : CIC/UTOAN/C/2023/123161
Kamal Kumar .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
The Executive Engineer
(Planning), Port Blair Municipal Council,
Port Blair - 744101 .... ितवादीगण /Respondent
Date of Hearing : 06.08.2024
Date of Decision : 08.08.2024
Date of SCN hearing : 08.09.2025
Date of SCN Decision : 16.09.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 10.04.2023
CPIO replied on : Not on record
First appeal filed on : Not on record
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 24.05.2023
Information sought:
The Complainant filed an RTI application dated 10.04.2023 seeking the following information:
"a) Provide copy of related law/statute/Guidelines with respect to tackling dog menace in the Andaman Islands, Page 1 of 6
b) Provide copy of procedures laid down in the Andaman Islands regarding law related to impounding dogs causing menace to the neighbors/society.
c) Provide the copy of ABC programme aimed. at reducing stray dog population density, decrease mating/ maternal/pack aggression in stray dogs. The program involves capture, neutering, and release of stray dogs based on a Standard Operating Procedure (SOP) for animal birth control programs so as to address the issue in a timely, systematic, sustainable mode, Community based Block level or Urban Local Body level. Management Unit (PBMC) still in vogue as per the direction of Supreme Court of India. Who is the competent authority programme.
implement them
d) Provide the copy of the effective implementation of ipso jure provisions of the Animal Birth Control (Dogs) Rules, 2001 for sine qua non sterilization and immunization of the dogs dated 01.07.2021 as required in Andaman and Nicobar islands still in vogue as per the direction of Supreme Court of India. The main focus of the rules is on anti-rabies vaccination of dogs and neutering of stray dogs as means of population stabilization. Who is the competent authority to implement the programme.
e) Provide the copy of to initiate action on animal welfare issues dated 28.06.2021 related to reduce man animal conflict and maintain peace and harmony in the society or area still in vogue as per the direction of Supreme Court of India. Who is the competent authority to implement the programme.
f) Provide copy of list of village wise immunization of dogs with regard to various infections with date, numbers of dogs immunized, gender details name of owner, total number of dogs captured and returned back to locality or to other designated places or to other places or killed in the process previously with head wise details of expenditure incurred in previous 15 years within PBMC Limit. Who is the competent authority to implement the programme.
g) Provide the copy of list of dog's owner to whom license issued with various details of dogs such as License number, breed of dogs, belt number, vaccinization details, colour of dogs, rejected etc. with head wise details of expenditure incurred of previous 15 years within PBMC Limit. Who is the competent authority to implement the programme.
Page 2 of 6h) Provide the list of the competent authority authorized to issue License in favour of dog's owner within PBMC Limit.
i) Provide the list of the competent authority authorized to pay compensation related to dogs bite and attack with head wise details of expenditure incurred and paid to the victim within PBMC Limit.
j) Provide the details of village wise list of total numbers of untrained, unlicensed, vaccinated and unvaccinated infected dogs within Port Blair Municipal Council Limit with details of name of dog's owner, gender details, License number fireed of dags, belt number, vaccinisation details, color of dogs, killed in the process etc Who is the competent authority to implement the programme .
k) Provide the list of total number of dogs castrated and kept in the custody of Port Blair Municipal Council till they become unhostile with details of name of dog's owner, License number breed of dogs, belt number, vaccinization details, colour of dogs, killed in the process etc. of previous 15 years with head wise details of expenditure incurred within PBMC Limit. Who is the competent authority to implement the programme.
L) Provide the action taken report with respect to letter dated 24/02/2023 addressed to the Secretary, PBMC, Port Blair and also to the Sanitary Officer/Inspector, PBMC, Port Blair submitted vide RD No. 201 dated 24/02/2023 by the applicant.
m) Provide the action taken report with respect to letter dated 10/04/2023 addressed to the Secretary, PBMC, Port Blair by the applicant."
Having not received any response from the CPIO, the complainant failed to file a First Appeal. The FAA's order is not on record.
Relevant Facts emerged during Hearing on 06.08.2024:
The following were present:-
Complainant: Present through video-conference. Respondents: Not present.
Complainant contended that no response has been received from the Respondents by him till date.Page 3 of 6
Respondents remained absent during hearing despite prior intimation.
Order on 08.08.2024:
"The Commission, after adverting to the facts and circumstances of the case, hearing the Complainant and perusal of the records, noted that that over a period of more than a year has elapsed and the information sought has not been provided by the respondent. The PIO has neither made any efforts to respond to the RTI applications even upon receipt of hearing notice. Besides, the PIOs did not appear before the Commission despite hearing notice having been served to them. This shows that the PIOs did not have any regard for the RTI Act as well as the Commission. In view of the above, the then PIOs (as on 10/11.04.2023) and the Present PIOs are show caused as to why maximum penalty under Section 20 (1) of the RTI Act should not be imposed against each of them for not providing the information and not appearing before the Commission despite notice. All the written explanations of the PIOs (both present PIO and the then PIO) must reach the Commission within 3 weeks from the date of receipt of this order.
FAA to ensure compliance of the above directions."
Relevant Facts emerged during Show-Cause proceedings held on 08.09.2025:
I.The following were present:-
Complainant: Not present.
Respondent: Shri P Karuppaiah, Ex. Engg. (Planning) along with Shri Vijay Kumar, APIO-cum-I/c Sr. Sanitary Office and Ms. G. Laxmikantam, Dealing Assistant present through video conference.
II. A letter dated 20.08.2024 received from the PIO, Municipal Council, Port Blair is taken on record. Contents of the same are reproduced below:
"I am directed to refer your Notice No. CIC/UTOAI/C/2023/2023/112361 dated 19/07/2024 on the subject mentioned above and to say that the hearing was fixed on 06/08/2024 at 12.25 PM however hearing Notice received on 09/08/2024 at 4.00 PM through speed Post.Page 4 of 6
Since the Notice was received after due date. It is requested to fix another convenient date for hearing."
III. Further, a written submission dated 12.09.2024 filed by the then PIO, Executive Engineer (Plg.), Municipal Council, Port Blair is taken on record. Contents of the same are reproduced below:
"In pursuance of the order passed by the Central Information Commission under decision No CIC/UTOAN/C/2023/123161 and CIC/UTOAN/C/2023/123117.. It is to say that the Central Information Commission hearing was fixed on 06/08/2024 at 12.25 PM but hearing notice was received on 09/08/2024 at 04.00 PM through Speed Post. The same has been already informed to the Dy. Register, CIC vide letter No. 202/RTI/EB/ID.No. 1809/2024/83 dated 21" August 2024. The requested information was noted to be voluminous and Shri. Kamal Kumar was asked to inspect the documents via a letter dated 20/04/2023. However, he did not attend the office as scheduled, nor was any intimation received from him.
The letter concludes by stating that there was no fault on the part of the Port Blair Municipal Council and requests that no Show Causes Notice be issued."
IV. The Respondent by inviting attention of the Commission towards the contents of their averred written submission stated that the hearing notice of the last date of hearing has been received after conclusion of hearing, therefore, they could not be able to appear. However, as regards RTI application is concerned response to the same was already furnished to the Complainant initially vide letter dated 19.04.2023 by offering inspection of relevant record, which the Complainant did not avail. They pleaded that there is no mala fide on their part in replying to the RTI application, therefore, the SCN may be dropped.
Decision in respect of Show-Cause proceedings:
V. Perusal of the documents submitted by the Noticees- Shri P Karuppaiah, Ex. Engg. (Planning)/ PIO reveals that adequate explanation to the Show Cause Notice has been provided by them, in terms of the provisions of the RTI Act. The Noticees tendered their unconditional apologies for giving written explanation after CIC's above order and stated that it was unintentional. He further explained the reason for his absence on last date of hearing on the ground of non-receipt of hearing notice in advance. It is also noted that Page 5 of 6 Complainant has not filed any proof of having served a copy of his second Appeal on the concerned CPIO.
VI. In view of the above discussion, the Commission accepts the reply/explanation of the Noticee, Shri P Karuppaiah, Ex. Engg. (Planning). No mala fide is established on the part of the Respondents which may call for any punitive action against them under the RTI Act. However, before parting with the case at hand, the Commission wishes to remark that such pertinent facts, as submitted during Show Cause proceedings by the Respondent, should be put on record before the Commission during date of hearing itself in order to reduce the time, energy and efforts in adjudication on such matters. The show cause notice is hereby dropped, and the matter is disposed of.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, The Executive Engineer (Planning), Port Blair Municipal Council, Port Blair - 744101 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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