Central Information Commission
P S Malkani vs National Seeds Corporation Ltd. on 28 July, 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
File no.: CIC/NSCLD/A/2019/143851
In the matter of:
P S Malkani
... Appellant
VS
1.Central Public Information Officer,
National Seeds Corporation Ltd.(NSCL),
Beej Bhawan, Pusa Complex, New Delhi-110012
&
2. CPIO / Area Manager,
National Seeds Corporation Ltd.(NSCL)
Caumu House, C - Scheme, Jaipur - 302001.
...Respondents
RTI application filed on : 22/03/2019 CPIO replied on : 05/04/2019, 22/04/2019 First appeal filed on : 22/05/2019
First Appellate Authority order : 04/07/2019 Second Appeal dated : 09/09/2019 Date of Hearing : 23/07/2020 Date of Decision : 23/07/2020 The following were present:
Appellant: Heard over phone Respondent: Mohd Raquim, CS& CM and the CPIO, heard over phone Information Sought:
The appellant has stated in his RTI application that the CPIO has provided information only on point Nos 4 and 9 of the RTI Application and vague information has been provided on the rest of the queries. He has sought the following information pertaining to production and procurement of Hybrid Maize HQPM-1 and HQPM-5 C/S during Rabi season in 2014-15 at Chittorgarh under Jaipur region:1
1. Certified copy of approval/order/instruction pertaining to the mode of procurement i.e. raw seed procurement or graded seed procurement as per seed grower programme during Rabi season in 2O14-15 at Chittorgarh.
2. Certified copy of procurement price of the seed duly approved by HO.
3. Certified copy of the proposal containing lot wise information submitted by RO, Jaipur for reprocessing / retesting and beyond that and approval from HO, New Delhi conveyed to RO, Jaipur.
5. Certified copy of Seed Act, Seed Rule, IMSCS-2013 and Seed Control Order on the basis of which lot can be tested beyond retesting.
6. Certified copy of Seed Act, Seed Rule or any other enactment pertaining to seed on the basis of which a local committee participated for drawl Certification Sample.
7. And other related information/documents.
Grounds for Second Appeal The CPIO has provided information only on points no. 4 and 9 of the RTI Application and vague information has been provided on the rest of the points.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that the desired information has not been provided to him till date except for points no. 4 and 9 of the RTI application.
The CPIO submitted that an appropriate reply was given to the appellant by the FAA vide his order dated 04.07.2019.
Observations:
From a perusal of the relevant case records, it is noted that the FAA has passed a detailed order on 04.07.2019 in which all the points raised by the appellant were addressed in a point-wise manner. However, the appellant has filed detailed written submissions dated 18.07.2020 to the Commission, a copy of which has been emailed to the CPIO on 20.07.2020, in which he had explained and elaborated his points of dis-satisfaction. Since the submissions were recently emailed to the CPIO, it was not practically possible for him to prepare his submissions in such a short time. The Commission, therefore, without going into the merits of each point separately, directs the CPIO to give an additional response to the appellant while considering his detailed written submissions and in case any additional information can be supplied, the same be done in a 2 point-wise manner. The CPIO may note that only such points and issues are to be replied to that were originally raised in the above mentioned RTI application.
Decision:
In view of the above, the CPIO is directed to provide an additional reply to the appellant after examining his detailed written submissions dated 18.07.2020 and in case the CPIO is of the view that no additional information can be supplied a categorical reply against each point should be given. This direction is to be complied with within a period of 20 days from the date of issue of this order under intimation to the Commission.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) 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