Central Information Commission
Ravinder Singh vs Ministry Of Environment & Forests on 9 September, 2019
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/MOENF/A/2018/621110/01591
File no.: CIC/MOENF/A/2018/621110
In the matter of:
Ravinder Singh
... Appellant
VS
Central Public Information Officer
Ministry of Environment, Forest and Climate Change
Indira Paryavaran Bhawan, Ali ganj, Jorbagh Road,
New Delhi - 110 003
&
State Level Expert Appraisal Committee (SEAC) Himachal Pradesh
Department of Environment, Science & Technology
Paryavaran Bhawan, Nr. US Club, Shimla - 171 001
... Respondents
RTI application filed on : 02/02/2018 CPIO replied on : 27/02/2018 First appeal filed on : 05/03/2018
First Appellate Authority order : Not on record Second Appeal dated : 21/05/2018 Date of Hearing : 09/09/2019 Date of Decision : 09/09/2019 The following were present:
Appellant: Present over phone Respondent: Shri Suresh C Attri, Secretary, State Environment Impact Assessment Authority and CPIO, present over VC; CPIO MoEF Not present Information Sought:
The appellant has sought the following information with reference to proposal No. SIA/HP/M/N/52309/2016 (location - Sizmour, Ponta Sahib, H.P.):1
1. Environment Clearance upload date on MOEF website.
2. Upload date of other documents i.e. EC Report, EIA, RISK, Additional Information, Cover letter and Form 1.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he did not receive any relevant information from the respondent and requested to decide his case on merits. Shri Suresh C Attri, Secretary, State Environment Impact Assessment Authority and CPIO submitted that the RTI application dated 02.02.2018 was not received by them from the appellant. On a query by the Commission he further clarified that the same was not even received u/s 6(3) from MoEF also. He furthermore submitted that however a fresh RTI application was received in their office on 22.05.2018 which contained the same information sought in the present RTI application also. He further submitted that the said RTI application dated 22.05.2018 was replied to on 27.06.2018 requesting the appellant to pay Rs 3580 as photocopying charges. He further submitted that the said charges were deposited by the appellant on 22.08.2018. Hence, the information was given on 29.08.2018.
Observations:
The Commission takes serious note of the absence of the CPIO, MoEF during hearing without intimating any reasons thereof. Accordingly, he is directed to provide an explanation for non appearance before the Commission within 15 days of receipt of this order. Furthermore, it is noted that the submissions of Shri Suresh C Attri, Secretary, State Environment Impact Assessment Authority is related to some other RTI application. Moreover, the same was not replied to as per the points raised in the present RTI application. The then CPIO MoEF grossly erred in replying to the appellant to directly contact SEIAA, Himachal Pradesh for further necessary action. The then CPIO MoEF was duty bound under the RTI Act to transfer the RTI application u/s 6(3) to the SEIAA but he failed to do so. The CPIO MoEF further did not appear for hearing despite duly served notice on 22.08.2019 vide speed post acknowledgment no. ED572378630IN.2
File no.: CIC/MOENF/A/2018/621110 Decision:
In the interest of justice, Shri Suresh C Attri, Secretary, State Environment Impact Assessment Authority is directed to provide a revised pointwise reply as per the availability of record, free of cost to the appellant within 30 days from the date of receipt of the order.
The CPIO MoEF is strictly warned to refrain from providing such irrelevant replies to prevent penal action u/s 20 of the RTI Act. The Registry shall serve a copy of this order to the Secretary, MoEF for information and necessary action.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
Information Commissioner (सच
ू ना आयु 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
Secretary
Ministry of Environment, Forest and Climate Change Indira Paryavaran Bhawan, Ali ganj, Jorbagh Road, New Delhi - 110 003 3