Central Information Commission
Mrc L Suman vs Icar on 20 July, 2016
Central Information Commission, New Delhi
File No. CIC/SH/A/2015/000893
File No. CIC/SH/A/2015/000999
File No. CIC/SH/A/2015/001000
File No. CIC/SH/A/2015/000895
File No. CIC/SH/A/2015/001062
File No. CIC/SH/A/2015/000894
File No. CIC/SH/A/2015/000998
File No. CIC/SH/A/2015/001064
File No. CIC/SH/A/2015/001063
Right to Information Act2005Under Section (19)
Date of hearing : 20th July 2016
Date of decision : 20th July 2016
Name of the Appellant : Shri C. L. Suman,
VillBadshah Pur, POKhambra,
DisttJalandhar, Punjab 144026
Name of the Public : 1- Shri U.C. Prasad, CAO (R ),
Authority/Respondent Central Public Information Officer,
Indian Veterinary Research Institute Izatnagar, DisttBareilly, UP 243 122, 2 Shri O.P. Nagar, Chief Fin. & Acts.
Officer & Central Public Information Officer, Izatnagar, DisttBareilly, UP 243 122 The Appellant was not present.
No one was present on behalf of the Respondents.
File No. CIC/SH/A/2015/000893
Information Commissioner : Shri Sharat Sabharwal
These files contain appeals in respect of the RTI applications dated 16.11.2014, 17.11.2014, 15.11.2014, 25.11.2014, 27.1.2015, 3.11.2014, 22.12.2014, 19.1.2015 and 4.2.2015, filed by the Appellant, seeking information regarding purchase of certain stores and equipment and allowances and transfer grants paid to various officials. Not satisfied with the response of the Respondents, he has approached the CIC in second appeal in all the nine cases.
2. The matter came up before us today. No one was present on behalf of the Respondents at the NIC Studio, Bareilly in spite of written notices having been sent to them in all the cases. Shri Karunesh Shukla, Assistant AO, IVRI, who was present in person, stated that he had come only to assist the ICAR with regard to certain appeals of the same Appellant that came up today against ICAR. The Registry informs us that the notices for the hearing were addressed by name to the officers of the public authority, who were directed by the First Appellate Authority to respond to the RTI applications. Along with the name in each case, the designation 'Central Public Information Officer' was also mentioned. However, all the notices have been received back with the notation of the postal authorities that the office of the public authority refused to receive the same. In this context, we note that it is not uncommon in offices to have change of incumbency of various posts from time to time. However, the dak addressed to the holder of a particular post is invariably accepted, even though in some cases it may bear the name of an earlier incumbent. We fail to see as to why the office of the Respondents did not accept the notices. We got in touch on phone with Dr. R. K. Singh, Director of IVRI, who was not aware of the matter and sought its adjournment. We would not like to accept the above request for adjournment, that too a request made by the Director of the public authority File No. CIC/SH/A/2015/000893 only when we contacted him, particularly since the office of the Respondents had refused to accept the notices and an adjournment at the last minute would result in wastage of time of the Commission, which could have been devoted to certain other appeals. Shri R. K. Singh, Director, IVRI was informed accordingly. Thereafter, Dr. R. K. Singh asked Shri Pankaj Kumar, Senior AO to contact the Commission on phone. Shri Kumar did so, but he was also unable to make any submissions regarding the above appeals.
3. The Appellant was not present in spite of a written notice having been sent to him.
4. From the records of the nine appeals, made available to us by the Appellant, it is seen that while the RTI applications were transferred to the concerned officials within the public authority, no information was provided to the Appellant in spite of the following orders passed by the First Appellate Authority (FAA) in the six cases mentioned below:
(i) File No. 893 (RTI application dated 16.11.2014): Order No. RTI/12/2014 15/CAD/5322 dated 30.1.2015 passed by Shri Rishendra Verma, Joint Director and FAA.
(ii) File No. 999 (RTI application dated 17.11.2014): Order No. RTI/12/2014 15/CAD/5322 dated 30.1.2015 passed by Shri Rishendra Verma, Joint Director and FAA.
(iii) File No. 1000 (RTI application dated 15.11.2014): Order No. RTI/12/2014 15/CAD/5322 dated 30.1.2015 passed by Shri Rishendra Verma, Joint Director and FAA.
File No. CIC/SH/A/2015/000893
(iv)File No. 895 (RTI application dated 25.11.2014): Order No. RTI/12/2014 15/CAD/5322 dated 30.1.2015 passed by Shri Rishendra Verma, Joint Director and FAA.
(v) File No. 894 (RTI application dated 3.11.2014): Order No. RTI/appeal/12/2014 15/CAD/5322 dated 30.1.2015 passed by Shri Rishendra Verma, Joint Director and FAA.
(vi)File No. 998 (RTI application dated 22.12.2014): Order No. 12/2015/RTI/Comp. Dated 25.2.2015 passed by Shri Radhey Sham, Comptroller and First Appellate Authority.
5. In view of the foregoing, the public authority needs to ensure compliance with the above orders of the FAA. Neither Dr. R. K. Singh, Director, IVRI, nor Shri Pankaj Kumar, Senior AO provided us the name of the CPIO, who would take further action on the directions of the Commission. Under the circumstances, we have no option but to treat Dr. R. K. Singh, Director, IVRI as deemed CPIO. Therefore, Dr. R. K. Singh, Director, IVRI and deemed CPIO is directed to ensure compliance with the above six orders of the First Appellate Authority. Dr. R. K. Singh, Director, IVRI and deemed CPIO should ensure that action is completed on the above within thirty days of the receipt of this order, under intimation to the Commission. Such information, as is provided, should be provided free of charge.
File No. CIC/SH/A/2015/000893
6. It is noted from Files No. 1062, 1063 and 1064 (concerning RTI applications dated 27.1.2015, 4.2.2015 and 19.1.2015) that these applications were neither responded to by the CPIO, nor was the first appeal disposed of by the FAA. Dr. R. K. Singh, Director, IVRI and deemed CPIO is directed to ensure that the above three applications are responded to, in keeping with the provisions of the RTI Act, within thirty days of the receipt of this order, under intimation to the Commission. Such information, as is provided, should be provided free of charge.
7. With the above directions and observations, the nine appeals are disposed of.
8. Copies of this order be given free of cost to the parties.
Sd/
(Sharat Sabharwal)
Information Commissioner
Copy to: Dr. R. K. Singh
Director,
Indian Veterinary Research Institute,
Izatnagar, DisttBareilly, UP 243122
Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar File No. CIC/SH/A/2015/000893