Central Information Commission
Naresh Kadyan vs Animal Welfare Board Of India on 28 August, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के य सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/AWBI/C/2022/664994 +
CIC/AWBI/C/2022/666986 +
CIC/AWBI/C/2022/666987 +
CIC/AWBI/C/2022/668176 +
CIC/AWBI/C/2022/668177 +
CIC/AWBI/C/2022/669143 +
CIC/AWBI/C/2022/669144 +
CIC/AWBI/C/2022/669145 +
CIC/AWBI/C/2022/669146 +
CIC/AWBI/C/2022/669147
Naresh Kadyan ....िशकायतकता /Complainant
VERSUS
बनाम
CPIO, .... ितवादीगण /Respondent
Animal Welfare Board of India
National Institute of Animal Welfare Campus
42 KM Stone, Delhi-Agra Highway
Seekri Village, Ballabhgarh, Faridabad
Haryana-121004
Date of Hearing : 25/08/2023
Date of Decision : 25/08/2023
INFORMATION COMMISSIONER : Saroj Punhani
1
Note - The above mentioned Complaints have been clubbed together for decision
as these are based on similar issues raised by the Complainant against same
public authority.
Relevant facts emerging from complaints:
Complaint RTI CPIO's reply First Appeal FAA's order Complaint
no. Application filed on dated dated
dated
664994 18/09/2022 N.A. N.A. N.A. NIL
666986 03/10/2022 N.A. N.A. N.A. NIL
666987 03/10/2022 N.A. N.A. N.A. NIL
668176 30/09/2022 N.A. N.A. N.A. NIL
668177 30/09/2022 N.A. N.A. N.A. NIL
669143 05/10/2022 N.A. N.A. N.A. NIL
669144 06/10/2022 N.A. N.A. N.A. NIL
669145 06/10/2022 N.A. N.A. N.A. NIL
669146 06/10/2022 N.A. N.A. N.A. NIL
669147 05/10/2022 N.A. N.A. N.A. NIL
CIC/AWBI/C/2022/664994
Information sought:
The Complainant filed an RTI application dated 18.09.2022 seeking the following information: -
"As per section 74 of Indian Evidence Act, compliance of article 51 A, of Indian Constitution, sub section a to k, are mandatory being fundamental duties, to every citizens of India, may be a public documents, Being an active part of Community Policing as man of many achievements and distinctions: Voice for voiceless: Fighter by spirit: Jat by birth: Philanthropist by profession: Activist by mission: Humanitarian by choice, Gandhian by vision and action, being habitual khadi wearers and scout warrior, speaking truth as passion, performing fundamental duties, it is required for strict compliance, supply complete information's, as per section 76 of Indian Evidence Act, read with RTI Act, that:
1. Point wise strict compliance of 51 A, of Indian Constitution, by the President, Vice President, Prime Minister, Speaker Lok Sabha, all Ministers with all Members of Parliament of both houses.2
2. Point wise strict compliance of 51 A, of Indian Constitution, by all public servants of the Department of Animal husbandry and Dairying, adopting double standards, top to bottom level, because mandate of Animal Welfare Board of India, is why unnecessary pain and sufferings, besides promotion of slaughtering and meat export, contradictions and violation of right to life with 5 freedoms for animals.
3. Animals are being treated as goods, vehicle, commodity, agriculture products, breaching public trust and violation of article 51A of Indian Constitution, by each and every citizen of India, from top to bottom level, prepare and issue advisory on educational purpose, under section 9(k) of PCA Act, 1960 and regulated under section 10 of PCA Act, 1960.
4. Action taken on the violation of article 51 A of Indian Constitution and breach of public trust, breaking criminal syndicate, for adopting double standards.
5. Confirm in writing, point wise a to z, strict compliance of article 51 A, of Indian Constitution, by all Union 3 Ministers, holding charge of Department of Animal husbandry and Dairying, along with all berth holders of AWBI, CZA, NTCA, WCCB and PASC of AWBI, NBA - State Biodiversity Boards, All BMCs with all State AWB, and all DSPCAs in India. Complete details as attached."
CIC/AWBI/C/2022/666986 Information sought:
The Complainant filed an RTI application dated 03.10.2022 seeking the following information: -
"Being an active part of Community Policing as man of many achievements and distinctions: Voice for voiceless: Fighter by spirit: Jat by birth: Philanthropist by profession: Activist by mission: Humanitarian by choice, Gandhian by vision and action, being habitual khadi wearers and scout warrior, speaking truth as passion, performing fundamental duties, It is humbly submitted that:
1. I am senior citizen of India, performing my fundamental duties, without gain and profit, only to safeguard flora and fauna, in the interest of public at large.3
2. 51-A. Fundamental duties: It shall be the duty of every citizen of India, to obey being constitutional duties, from (a) to (k) but all concerned public servants failed to perform, from top to bottom level. As per section 74 of the Indian Evidence Act, read with section 4 of RTI Act, all public documents shall be in public domain, hence supply with all communications with file notings and compliance report of the, Resolution adopted by the General Assembly on 15 June 2007 of the United Nation, without reference to a Main Committee (A/61/L.62 and Add.1) 61/271. International Day of Non-Violence. 1. Action taken on the public grievance, bearing Nos: DOAHD-E-2022-00803, GNCTD-E-2022-09610, GOVGJ-E-2022-23018, MMSME-E-2022-01085, MOEAF-E-2022-02142, 2022118635, 2022118635: GOVHY-E-2022-08558. 2. Copies of Administrative orders passed along with the copies of guidelines, circulars and directions, related to International Day of Non- Violence.
3. Complete details about impact of the International Day of Non-Violence.
4. Animals can be slaughtered and their flesh can be consumed as diet, during International Day of Non-Violence, supply complete details.
5. Supply complete details, related to the celebrations, explaining International Day of Non-Violence. 6. Slaughtering and cruel animal transportation, may be covered under the purview and definition of violent activities, keeping in view, the basic and ethics of the International Day of Non-Violence.
7. Explain Gandhian values, ethics, philosophy and ideology along with the purpose of the International Day of Non-Violence.
8. KVIC obtained Trademarks, under objectionable classes, supply complete, detailed list in writings and upload being public document, as attached, objectionable against Gandhian values and ethics with Negative list of KVIC under class 1, 5, 13, 18, 20, 28, 29, 31, 33 and 34.
9. Define Ahimsa, (Sanskrit: noninjury) in the Indian religions of Jainism, Hinduism, and Buddhism, the ethical principle of not causing harm to other living things. Ahimsa, less commonly spelled ahinsa, is an ancient Indian principle of nonviolence which applies to all living beings. It is a key virtue in the Indian religions: Jainism, Buddhism, Hinduism, and Sikhism. Ahimsa is one of the cardinal virtues of Jainism, where it is first of the Pancha Mahavrata."4
CIC/AWBI/C/2022/666987 Information sought:
The Complainant filed an RTI application dated 03.10.2022 seeking the following information: -
"Under section 74 of Indian Evidence Act, read with section 4 of RTI Act, all public documents be in public domain, on the eve of World Animal Day, 2022, under 76 of Indian Evidence Act, read with RTI, supply point wise compliance with evidences and concerned file notings, related to:
1. Fundamental duties, a to k: DOAHD-E-2022-00808.
2. Section 9 of the Prevention of Cruelty to Animals Act, 1960.
3. Section 10 of the Prevention of Cruelty to Animals Act, 1960.
4. Complete functions of AWBI, as stated above.
5. Contradictions and discrimination, in the mandate and functions of AWBI, along with all Rules, made under section 38 of the Prevention of Cruelty to Animals Act, 1960, keeping in view fundamental duties a to k and oath, sworn by a veterinarian, under section 3 of Veterinary Council of India (Standard of Professional Conduct, Etiquette and Code of Ethics, for Veterinary Practitioners) Regulations, 1992: Declaration and oath by a Veterinarian - Being admitted to the profession of veterinary medicine, I solemnly swear to use my scientific knowledge and skills for the benefit of society through the protection of animal health, the relief of animal suffering, the conservation of livestock resources, the promotion of public health, and the advancement of knowledge in veterinary science. I shall practice my profession conscientiously, with dignity, and in keeping with the principles of veterinary medical ethics. I accept as a lifelong obligation the continuous improvement of my professional knowledge and competence."
CIC/AWBI/C/2022/668176 Information sought:
The Complainant filed an RTI application dated 30.09.2022 seeking the following information: -
"Supply under 76 of Indian Evidence Act, read with RTI Act, complete details and list with present status, belongs to:5
1. Public documents uploaded on AWBI official website.
2. Copies of Definitions, and clarification, reproduced, following sections of the Prevention of Cruelty to Animals Act, 1960, in writing duly uploaded online reply on RTI websites, send via mail:
1. Animals
2. Slaughter House
3. Five freedoms of animals.
4. Relaxation & exemptions as section 11 (3) with 27 along with any more relaxation under PCA Act, 1960 explaining educational purposes.
5. Section 28
6. Section 31, cognizable offenses
7. Criminal Code of Criminal Procedure, enforced & applicable in India.
8. Punishments under all sections of Prevention of Cruelty to Animals Act, 1960.
9. Try, efforts & results, updating status of the replacement of the Prevention of Cruelty to Animals Act, 1960.
10. Rules & Regulations of Camel and Elephants shifting.
11. Goods, animal can be treated as goods, discrimination and double standards.
12. Vehicles to carry animals as per Bureau of Indian Standards.
13. Poultry treated as agriculture products.
3. Complete list and details about Delegation of powers under section 37 of PCA Act, 1960.
4. Copies of cabinet notes, related to NIAW and AWBI, along with necessary permissions and approvals of the STP of MCF, related to renovation of the NIAW premises, including AWBI office.
5. Complete list and details of Rules made out, under section 38 of PCA Act, 1960
6. Complete details and copies of AWBI inspections of Hippo of Asiad Circus, in Gujarat and copies submitted before Delhi High Court in W.P. (C) 6405 of 2018.
7. Complete list of circuses registered with AWBI, along with animals and birds.
8. Complete details and use with present status of all facilities, including A). Animal Hospital - 928.327 square meter:
B). OT for big animals: 666.87 square meter C). Dog shed: 72.00 square meter D). Cat shed: 12.02 square meter E). Birds shed: 30.00 square meter F). Wild animals: 40.00 square meter 6 G). Large animals: 150.00 square meter
9. All copies of Advisories issued by AWBI, keeping in view section 9 of PCA Act, 1960.
10. All copies of Regulations issued by AWBI, keeping in view section 10 of PCA Act, 1960.
11. AWOs financed by Animal Welfare Division, with their present status.
12. The core infrastructure elements in a Smart City would include, action taken by AWBI, on following:
i. Adequate water supply, ii. Assured electricity supply, iii. Sanitation, including solid waste management, iv. Efficient urban mobility and public transport, v. Affordable housing, especially for the poor, vi. Robust IT connectivity and Digitalization, vii. Good Governance, especially e- Governance and citizen participation, viii. Sustainable environment, ix. Safety and security of citizens, particularly women, children and the elderly, and x. Health and education."
CIC/AWBI/C/2022/668177 Information sought:
The Complainant filed an RTI application dated 30.09.2022 seeking the following information: -
"Supply under 76 of Indian Evidence Act, read with RTI Act, complete details and list with present status, belongs to strict compliance of point 1 to 7 and para wise, of Memorandum of Agreement between Jawaharlal Nehru University - JNU with National Institute for Animal Welfare - NIAW, along with breach of trust, violation of terms and conditions, misuse of public funds, termination of MoA, along with details of arbitration, along with head wise expenditure of public funds and utilisation of funds disbursed, as MoA was for 5 years but discontinue very early, any penalty imposed, NIAW responsible or JNU for discontinue, and similar action of the all MoU and MoA with all agreements, executed with NIAW and Ed. CIL, 7 JNU, LUVAS, AWBI and many more with present status of NIAW and infrastructure created, depreciation with strict compliance of DTP of MCF terms and conditions compliance, as AWBI occupied NIAW premises, without any agreement, renovated and spent public funds. Any cabinet note, related to NIAW also be supplied along with batch wise complete list and details of participants, since beginning till date."
CIC/AWBI/C/2022/669143 Information sought:
The Complainant filed an RTI application dated 05.10.2022 seeking the following information: -
"As per section 74 of the Indian Evidence Act, read with section 4 of RTI Act, all public documents shall be in public domain, under 76 of Indian Evidence Act and RTI, via email supply updated version of:
1. All 3700 recognized AWOs, as they are strict comply with terms and conditions of recognition, as many were violated and breach of public trust. Amend List of AWBI recognized AWOs with point wise compliance of Guidelines for Boards Recognition to AWOs/SPCAs.
2. All 120 derecognized AWOs, List De-recognized / Blacklisted AWOs along with action taken.
3. Complete list of head wise sanction and released grant in aid, along with impact and present status of all 3700 recognized and 120 blacklisted AWOs.
4. Complete details and list of persons nominated by the AWBI, to all recognized AWOs, keeping in view, section 9 of PCA Act, 1960.
5. Action taken with complete list of grievance upload and disposed - pending, on PG Portal, including DOAHD/E/2022/00781."
CIC/AWBI/C/2022/669144 Information sought:
The Complainant filed an RTI application dated 06.10.2022 seeking the following information: -8
"As per section 74 of the Indian Evidence Act, read with section 4 of RTI Act, all public documents shall be in public domain, under 76 of Indian Evidence Act and RTI, via email
1. Supply complete details and list of AWOs, head - scheme wise grant in aid sanctioned and disbursed by Animal Welfare Division, up to July 2002.
2. Complete Details of surety of funds disbursed as above.
3. Present status of all AWOs and impact of the scheme, up to AWD merged to AWBI, July 2002.
4. Complete details of head - scheme wise recurring grant in aid, were disbursed, to all AWOs by AWD, up to July 2002.
5. As per report maximum funds were misutilised, misusing power and authority as conflict of interest, including AWO of Ms. Anuradha Sawheny, ExChief of PETA India, based at Farukhnager in Gurugram, which is sale out for profit, along with ambulance bearing No. HR05-G-7916, without depositing back to AWD, perjury - cheating - conspiracy - concealing facts
1. Shelter for animal is distress.
2. Ambulance services for animals in distress.
3. ABC and so on, including natural calamity. Animal Welfare Division has remained part of various Ministries as under:
1. Ministry of Agriculture 1962-1990
2. Ministry of Environment and Forests 1990-1998
3. Ministry of Social Justice & Empowerment 1998-2001
4. Ministry of Culture October, 2001-March, 2002
5. Ministry of Statistics & Programme Implementation March, 2002-July, 2002
6. Ministry of Environment, Forest and Climate Change 13.07.2002 to 3-4-2019
7. Department of Animal Husbandry 4-4-2019 on wards till date."
CIC/AWBI/C/2022/669145 Information sought:
9The Complainant filed an RTI application dated 06.10.2022 seeking the following information: -
"As per section 74 of Indian Evidence Act, read with section 4 of RTI Act, all public documents be in public domain but all public servants are enjoying special status in AWBI, hence under section 76 of Indian Evidence Act, read with RTI, supply complete details and communication with concerned file notings, related to complete list of AWBI officials, supply complete details via email, for last 5 years:
1. Sanction post with designation and pay scales, vacant and occupied.
2. Out sourcing employees with their duties and functions.
3. Regular employees with their duties and functions.
4. Service benefits of public servants.
5. Property return of every public servants, for last 5 years.
6. Complaints against public servants with present status.
7. Basic pay with service benefits, including house rent and city allowances etc.
8. Headquarter maintained at Faridabad by every public servants, special permission granted to maintain their headquarters, outside Faridabad.
9. Sujit Kumar Dutta, Secretary AWBI, availed non practice allowances without renewal of his registration with state council of West Bengal, complaint was lodged, present status be supplied.
10. TA - DA availed by all AWBI members and staff
11. Requirement of staff with status of demands.
12. Allotment of work to all public servants.
13. List of court cases
14. List of Rules and notifications, issued and enforced, under PCA Act, 1960.
15. List of advisory of AWBI to Government
16. Under consideration proposal before AWBI and decided with present status.
17. AWBI occupied NIAW premises, under which authority, map in the custody of AWBI with terms and conditions, mutually decided between AWBI with NIAW.
18. Expenditure on special meeting with status of complaint lodged by me and recovery.
19. Present status of nominations to AWBI berths."
CIC/AWBI/C/2022/669146 Information sought:
10The Complainant filed an RTI application dated 06.10.2022 seeking the following information: -
"As per section 74 of the Indian Evidence Act, read with section 4 of RTI Act, all public documents shall be in public domain, under 76 of Indian Evidence Act and RTI, via email supply complete details and list of all minutes with agenda, along with concerned file notings and amount incurred on each meeting, including participant claim and paid :
Executive Committee Meetings, uploaded and so on till date. Annual General Meetings, uploaded and so on till date. General Meetings, uploaded and so on till date, including 48th. Complete special meetings, since beginning till date. PASC (Film) Sub-Committee Meetings, all meetings agenda and decisions, for the year 2021 and 2022, since beginning till date.
Explain the reason for not uploading. Application as attached."
CIC/AWBI/C/2022/669147 Information sought:
The Complainant filed an RTI application dated 05.10.2022 seeking the following information: -
"As per section 74 of the Indian Evidence Act, read with section 4 of RTI Act, all public documents shall be in public domain, under 76 of Indian Evidence Act and RTI, via email supply updated version of:
1. Complete list of List of Constituted / Reconstituted SAWBs in States / UTs in India, along with powers delegated to these establishments, under section 34 and 37 of the Prevention of Cruelty to Animals Act, 1960, including all SAWBs and DSPCAs.
2. Copies of Draft Rules for the State Animals Welfare Boards.
3. Complete list of funds sanctioned and disbursed to each activate District Society for Prevention of Cruelty to Animals (SPCAs) in every district, along with State Animals Welfare Boards.
114. Complete list of the DSPCAs in all Districts, in India, established - gazette notified by each state, as per section 3(1) of the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001, along with recognition certificates by AWBI, to these DSPCAs.
5. Complete list and copies of concurrence of the AWBI, as per section 3(2) of the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.
6. Give details about, point wise strict compliance of section 1 to 5 of the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.
7. Action taken on DOAHD/E/2022/00823"
Being aggrieved with no reply received from the CPIO, the Complainant approached the Commission with the instant set of Complaints.
Relevant Facts emerging during Hearing:
The following were present: -
Complainant: Not present.
Respondent: Prachi Jain, Assistant Secretary & CPIO present in person.
The written submissions filed by the CPIO against each instant Complaint are taken on record.
The CPIO apprised the bench that replies against impugned RTI Applications have already been furnished to the Complainant in each case and that a copy each of which has been duly annexed with the written submissions. She further stated that the Complainant is a habitual RTI Applicant who has filed multiple RTI Applications flagging the same concern which pertains to animal cruelty and animals being treated as luggage carriers, and seeking non -specific information which is outside Section 2(f) of RTI Act. She furthermore added that currently, around 30- 35 RTI Applications of the Complainant are pending with their office. The same issues have also been addressed by the Complainant through PG portal which have all been responded by their department. Even otherwise, 2 FIRs have 12 been filed by the Respondent against the Complainant for alleged non-filing of utilization certificates against the receipt of funds for animal welfare.
Decision:
The Commission upon a perusal of records and after considering the submissions of the CPIO regarding repetitive nature of RTI Applications filed by the Complainant observes that CIC's archives suggests that concededly, the Complainant indeed has filed multiple RTI Applications and Second Appeals/ Complaints numbering to 297 on similar subject matter of grievance regarding slaughtering and cruel animal transportation and animals being treated as luggage carriers, Issues like response on strict compliance of 51 A, of Indian Constitution, by all public servants of the Department of Animal husbandry and Dairying, action taken by AWBI by various authorities; which falls outside the mandate of RTI Act. Pertinently so, in one of the decided cases of Complainant bearing File Nos. CIC/AWBIC/C/2022/646924 & others this bench on 21.07.2023 held as under:
"...Furthermore, in the backdrop of the Complainant's repetitive RTI Applications, it will not be out of place to refer to the following observations of a former bench of the Commission with respect to another bunch of the Appellant filed against the AWBI vide File No. CIC/AWBIC/A/2020/673430 + 7 cases:
"...the Commission expresses severe displeasure against the conduct of the Appellant because initially he had informed the Registry of this Bench to exempt his appearance in person and had requested the Bench to grant permission to take part in the hearing virtually (WhatsApp video/audio call), which was rejected by the Commission. Subsequently, the Commission was generous enough to grant him an opportunity to take part in the instant hearing from NIC Ahmedabad, which was booked from 1120 hrs to 1350 hrs (for 16 cases listed on 04.01.2022), yet, the Appellant chose to take part in the proceedings, physically, thereby disrespecting the Commission's efforts in scheduling the instant hearing.
Be that as it may, the queries sought in the instant RTI Application are not only lengthy but cryptic and unspecific. Therefore, The Commission counsels the Appellant to be careful, mindful and watchful in future while filing RTI Applications and not to flood the public authority by filing umpteen numbers of RTI Applications. In this regard the Commission finds it relevant to rely upon certain judgments of various Courts in India, wherein the factum of misuse of the right to information has been highlighted adequately. The excerpts of the same are as under:13
a. The Hon'ble High Court of Madras in the matter of Public Information Officer, Registrar (Administration) vs. B. Bharathi., W.P. No. 26781/2013 dated 17.09.2014 has also given its opinion about vexatious litigation crippling the public authorities and held as follows:
"... The action of the second respondent in sending numerous complaints and representations and then following the same with the RTI applications; that it cannot be the way to redress his grievance; that he cannot overload a public authority and divert its resources disproportionately while seeking information and that the dispensation of information should not occupy the majority of time and resource of any public authority, as it would be against the larger public interest..." [Emphasis supplied] b. The Hon'ble High Court in the matter of Shail Sahni v. Sanjeev Kumar & Ors., W.P.(C) 845/2014 has stated as under:
"... Consequently, this Court deems it appropriate to refuse to exercise its writ jurisdiction. Accordingly, present petition is dismissed. This Court is also of the view that misuse of the RTI Act has to be appropriately dealt with, otherwise the public would lose faith and confidence in this "sunshine Act". A beneficial Statute, when made a tool for mischief and abuse must be checked in accordance with law..." [Emphasis supplied] c. In the matter of Rajni Mendiratta v. Dte. of Education (North West-B]., W.P.(C) no. 7911/2015, the Hon'ble High Court of Delhi vide its order dated
08.10.2015 stated as under:
"8. ... Though undoubtedly, the reason for seeking the information is not required to be disclosed but when it is found that the process of the law is being abused, the same become relevant. Neither the authorities created under the RTI Act nor the Courts are helpless if witness the provisions of law being abused and owe a duty to immediately put a stop thereto..."
In addition, the Commission would not be wrong to consider that the Appellant's move to seek voluminous information is only to harass the public authority and not with an intention to seek information. The Appellant rather appears to have converted the provisions of the RTI Act as a tool of oppression/intimidation, which the Commission discourages outrightly.
d. In the matter of The Institute of Chartered Accountants of India vs. Shaunak H. Satya and Ors., AIR 2011 SC 3336, the Hon'ble Supreme Court of India has held as under:
14"... The RTI Act provides access to all information that is available and existing. This is clear from a combined reading of Section 3 and the definitions of 'information' and 'right to information' under Clauses (f) and
(j) of Section 2 of the Act. If a public authority has any information in the form of data or analysed data, or abstracts, or statistics, an applicant may access such information, subject to the exemptions in Section 8 of the Act.
But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non-available information and then furnish it to an applicant. The right to information is a fundamental right as enshrined in Article 10 of the Constitution of India. The Hon'ble Supreme Court has declared in a plethora of cases that the most important value for the functioning of a healthy and well-informed democracy is transparency. However it is necessary to make a distinction in regard to information intended to bring transparency, to improve accountability and to reduce corruption, falling under Section 4(1)(b) and (c) and other information which may not have a bearing on accountability or reducing corruption. The competent authorities under the RTI Act will have to maintain a proper balance so that while achieving transparency, the demand for information does not reach unmanageable proportions affecting other public interests, which include efficient operation of public authorities and government, preservation of confidentiality of sensitive information and optimum use..."
e. In the matter of Central Board of Secondary Education & Anr. V. Aditya Bandopadhyay & Ors., the Hon'ble Supreme Court of India has held as under:
"33. ... The Act seeks to bring about a balance between two conflicting interests, as harmony between them is essential for preserving democracy. One is to bring about transparency and accountability by providing access to information under the control of public authorities. The other is to ensure that the revelation of information, in actual practice, does not conflict with other public interests which include efficient operation of the governments, optimum use of limited fiscal resources and preservation of confidentiality of sensitive information. The preamble to the Act specifically states that the object of the Act is to harmonise these two conflicting interests...
xxx
37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible 15 citizens to fight corruption and to bring in transparency and accountability... ...
Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non-productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritizing 'information furnishing', at the cost of their normal and regular duties..."
[Emphasis supplied] Keeping in view of the aforesaid observations, the Commission sternly cautions the Appellant to use his right to information in a judicious manner..."
Decision The Commission observes that in light of the applicability of factual matrix of observations quoted above, the instant matter is considered as a mere extension of the earlier cases filed by the Complainant on the same grievance regarding ill treatment/ alleged cruelty committed on the animals which cannot be redressed under the mandate of RTI Act. Thus, no action is warranted with respect to the replies of the CPIOs'."
In addition to above, the Commission further notes that the instant Complaints have no merits as regards to any penal action to be initiated against the CPIO in the absence of any malafide intent on their part as initial timely response has already been provided to the Complainant in terms of RTI Act. In this regard, a reference may be had towards a judgment of the Hon'ble Delhi High Court in the matter of Registrar of Companies & Ors. v. Dharmendra Kumar Garg & Anr. [W.P.(C) 11271/2009] dated 01.06.2012 wherein it was held:
16" 61. It can happen that the PIO may genuinely and bonafidely entertain the belief and hold the view that the information sought by the querist cannot be provided for one or the other reasons. Merely because the CIC eventually finds that the view taken by the PIO was not correct, it cannot automatically lead to issuance of a show cause notice under Section 20 of the RTI Act and the imposition of penalty. The legislature has cautiously provided that only in cases of malafides or unreasonable conduct, i.e., where the PIO, without reasonable cause refuses to receive the application, or provide the information, or knowingly gives incorrect, incomplete or misleading information or destroys the information, that the personal penalty on the PIO can be imposed...."
Having observed as above and adverting to the applicability of the ratio of abovesaid observations, the Commission is not inclined to question the merits of the CPIO's replies in each case and dismisses these Complaints in a summary manner.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 17