Central Information Commission
Mr.J S Paul vs Ministry Of Environment And Forests on 27 June, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/001454/19378
Appeal No. CIC/SG/A/2012/001454
Relevant Facts emerging from the Appeal:
Appellant : Mr. J. S. Paul
President, Punjab Leather Federation,
11, Leather Complex,
Kapurthala Road,
Jalandhar 144021
Respondent : Mr. U. N. Singh
CPIO & Additional Director Ministry of Environment & Forest Central Pollution Control Board, Parivesh Bhavan East Arjun Nagar Delhi 110032 RTI application filed on : 13/01/2012 PIO replied : 07/02/2012 First appeal filed on : 27/02/2012 First Appellate Authority order : 09/03/2012 Second Appeal received on : 30/04/2012 Information Sought:
A copy of report/recommendations submitted by CLRI to CPCB on Revision of Comprehensive Industry Document (COINDS) on Tanneries please be provided duly authenticated.
Reply of the PIO:
It is yet to be finalized, as soon as it is finalized, it will be uploaded to the website.
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
FAA ordered to supply the information.
Grounds for the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. U. N. Singh, CPIO & Additional Director and Mr. Nazimuddin, Scientist "D";
The PIO states that the report has been received from Central Leather Research Institute, Chennai. He states that it is still in raw form and the Department may decide to make certain changes before printing and publishing it. He however does not deny the fact that the report has been received. This is certainly information as defined under Section 2(f) of the RTI Act and no exemption as per the provisions of Section 8(1) of the RTI Act has been claimed. The onus to prove that the denial of the information is justified is on Page 1 of 2 the PIO as per Section 19(5) of the RTI Act. Since no justification has been given for the denial of information the denial is in contravention of the RTI Act. The Commission warns the PIO that such denial would invite the penal provisions of Section 20(1) of the RTI Act.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information to the appellant before 15 July 2012. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 27 June 2012 (In any correspondence on this decision, mention the complete decision number.)(MB) Page 2 of 2