Central Information Commission
Nagraj Janardhan Patil vs National Dairy Research Institute ... on 23 March, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/NDRES/A/2018/159983/03183
File no.: CIC/NDRES/A/2018/159983
In the matter of:
Nagraj Janardhan Patil
... Appellant
VS
1. Central Public Information Officer
National Dairy Development Board (NDDB)
Anand - 388 001
2. Dy. General Manager/OSD & CPIO
National Dairy Development Board,
Plot No. A-3, Sector - 1, Noida - 201 301
...Respondents
RTI application filed on : 18/07/2018 CPIO replied on : 25/08/2018 First appeal filed on : 11/09/2018
First Appellate Authority order : 20/09/2018 Second Appeal dated : 03/10/2018 Date of Hearing : 19/03/2020 Date of Decision : 19/03/2020 The following were present:
Appellant: Present over VC Respondent: Shri Anantha Padmanabhan, OSD & CPIO, heard over phone and Shri TPS Murthy, Deputy General Manager(Legal) & CPIO, present over VC.
Information Sought:
The appellant has sought copies of documents pertaining to NDDB which empowered Mr. Sangram Chaudhari of NDDB to appoint and sign appointment order of Mr. Manoj Gopal Limaye as Managing Director of Jalgaon Jilha Sahakari Dudh Utpadak Sangh, Jalgaon, in 2013.1
Grounds for Second Appeal The CPIO has not provided the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO as he wants to know under what authority Mr. Sangram Chaudhari, an officer of NDDB appointed and signed the appointment order of Mr. Manoj Gopal Limaye as Managing Director of Jalgaon Jilha Sahakari Dudh Utpadak Sangh as both NDDB and Jalgaon Jilha Sahakari Dudh Utpadak Sangh are separate entities.
The CPIO submitted that the relevant information which was held by them in connection with the subject matter of the RTI application was shared with the appellant on 25.08.2018. He also explained that NDDB manage the affairs of Jalgaon Jilha Sahakari Dudh Utpadak Sangh and hence the action of appointing Mr. Manoj Gopal Limaye was well within their power and the supporting document was also provided to the appellant.
Observations:
Having heard the submissions of both the parties, it is noted that an appropriate reply was provided to the appellant on 25.08.2018 as the available information was already provided to him in the form of a copy of the Resolution No. 2013/73/07 and further explanation was also given to him during the hearing. The Commission does not find any flaw in the reply of the CPIO as under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the public authority or is under the control of the public authority can be provided. The CPIO is not supposed to create information that is not a part of the record.
Decision:
In view of the above observations, the Commission upholds the submissions of the CPIO and does not find any scope for intervention in the matter.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) 2 Information Commissioner (सच ू ना आयु त) File no.: CIC/NDRES/A/2018/159983 Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3