Central Information Commission
Anirban Guha Roy vs Indian Veterinary Research Institute ... on 21 January, 2022
CIC/IVTRI/A/2020/682421
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/IVTRI/A/2020/682421
In the matter of:
Anirban Guha Roy ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Assistant Adm. Officer
Indian Veterinary Research
Institute-ICAR,
Mukteshwar:Kumaon: (Nainital),
Uttarakhand -263138
Relevant dates emerging from the appeal:
RTI Application filed on : 11.05.2020
CPIO replied on : 10.06.2020
First Appeal filed on : 27.06.2020
First Appellate Authority order : 06.08.2020
Second Appeal received on : 17.08.2020
Date of Hearing : 20.01.2022
The following were present:
Appellant: Absent (despite being served the hearing notice).
Respondent: Shri Sanjay Tiwari, Asst. Administrative Officer and Shri Ramtek,
dealing hand/contractual employee participated in the hearing upon being
contacted on his telephone.
Page 1 of 5
CIC/IVTRI/A/2020/682421
ORDER
Information sought:
The Appellant filed an online RTI Application dated 11.05.2020 seeking information on the following six points:
1) "Provide the name of employees of IVRI Mukeshwar campus who have been out of the campus for various reasons like leave tour and etc since lockdown started or left the campus before Iockdown.
2) Among the aforesaid employees which of them returned to the Mukteshwar campus on or before 11th May 2020 Provide their names.
3) Among the employees who returned to the campus as mentioned in point 2 provide the names of employees who have submitted the fitness certificate of freedom from COVID19 from Authorised Medical officer and who have not submitted the same upon returning to the campus Provide their names separately.
4) Among the employees who returned to the Mukteshwar campus as asked in point 2 which of them were quarantined at home for 14 days before joining their duties and which of them were not Provide their names separately.
5) Who has been given the authority in the Mukteshwar campus of IVRI to enforce these safety measures mentioned in point 3 and 4 for preventing the spread of COVID19.
6) In case the safety measures mentioned in point 3 and 4 were not followed scrupulously in the Mukteshwar campus what are the actions being taken up by the IVRI HQ authority against IVRI Mukeshwar authority for the breach of an IVRI HQ order which clearly says the measures should be taken care of very seriously as noncompliance of the order could cost many lives in the wake of COVID19 especially in a time where stringent measures are being taken across the globe to prevent the spread of this disease which is so lethal."
Shri Sunny, CPIO, ICAR-Indian Veterinary Research Institute vide letter dated 10.06.2020, enclosed a letter/note endorsed by Shri Sunny, CPIO dated 10.06.2020, wherein the Appellant was informed as under:
"Reply with respect to Online RTI Application of Shri Anirban Guha Roy vide Registration Number IVTRI/R/E/20/00044 dated 11-05-2020:
Point No.1: No compiled information is available in the office as the information is scattered on various divisions/sections of the campus.Page 2 of 5
CIC/IVTRI/A/2020/682421 Point No.2: In view of reply on point no.1, no compiled information is available with the office.
Point No.3: In view of reply on point no.1, no compiled information is available with the office.
Point No.4: In view of reply on point no.1, no compiled information is available with the office.
Point No.5: There is no specific authorization for the matter stated in point no. 3 and point no.3, however, Station In-charge of the campus is the enforcing authority for all the decision/orders.
Point No.6: The information doesnot pertain to the campus. However, all the necessary directives and orders of the MoH&FW, GoI, ICAR and IVRI HQ are being endorsed and being followed in principle at the campus for the best interests of the employees in specific and campus in general.
Being dissatisfied, the Appellant filed a First Appeal dated 27.06.2020. The First Appellate Authority vide order dated 06.08.2020, informed as under:
"This is with reference to appeal from Shri Anirban Guha Roy, 270, Pashimpara, Kolkata-700118 (WB) against the CPIO (IVRI, Mukteswar Campus), with respect to his RTI application dated 11.05.2020.
The appellant has made appeal on the ground that no information has been provided by the CPIO. The CPIO in his reply has intimated that the information as and when prepared, was submitted through post to the applicant within stipulated time as per norms of RTI Act-2005. Further, the certified copies of information available with the Office can only be provided to the Applicant.
The undersigned after examining the matter is of the view that as per the reply being provided by the CPIO, the requisite/available information has been provided by the CPIO and is within the purview of the norms of RTI Act, 2005.
In view of above, the above-mentioned appeal stands disposed off."
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. The Appellant requested the Commission to direct the CPIO to provide complete information sought for.Page 3 of 5
CIC/IVTRI/A/2020/682421 Submissions made by Appellant and Respondent during Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.
The Appellant did not participate despite being served the hearing notice.
Both Shri Sanjay Tiwari and Shri Ramtek made submissions in a convoluted manner. Upon queried by the Commission as to whether the Appellant is an employee of the Respondent public authority, they replied in negative.
A written submission has been received by the Commission from the Appellant, wherein he has reiterated the facts and circumstances of the instant case.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the information sought by the Appellant in the present RTI Application is unspecific. However, the Respondent on point nos. 1, 2, 3 and 4 of the RTI Application has informed the Appellant that no compiled information is available with them. With regard to the information sought at point no. 5 and 6 of the RTI Application, sufficient explanation has been provided and the same is upheld. Hence, the Commission finds no further scope of intervention in the instant matter.
With the above observations, the instant Second Appeal is disposed of.Page 4 of 5
CIC/IVTRI/A/2020/682421 Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 20.01.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) /Station In-Charge Indian Veterinary Research Institute ICAR, Mukteshwar:Kumaon: (Nainital), Uttarakhand -263138
2. The Central Public Information Officer /Assistant Adm. Officer Indian Veterinary Research Institute-ICAR, Mukteshwar:Kumaon: (Nainital), Uttarakhand -263138
3. Mr. Anirban Guha Roy Page 5 of 5