Central Information Commission
Mrnajmu Sakib vs Cbec on 21 June, 2016
CENTRAL INFORMATION COMMISSION
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi110066
Decision No. CIC/KY/A/2015/000577/SB
Dated 21.06.2016
Appellant : Shri Najmu Sakib,
B6, Dev Tower,
Kabaar Danga More,
M.G. Road, Tolly Gunj,
Kolkata700104.
Respondent : The Central Public Information Officer,
O/o the Commissioner of Customs, NSII/IV/GEN., RTI Cell, 'B' 401, Jawaharlal Nehru Custom House, Nhava Sheve, TalUran, District Raigad, Maharashtra400 707.
Date of Hearing : 21.06.2016
Relevant dates emerging from the appellant:
RTI application filed on : 18.02.2015
CPIO's reply : 27.03.2014
First Appeal filed on : 04.04.2015
FAA's Order : 20.05.2015
Second appeal filed on : 10.06.2015
CIC/KY/A/2015/000577/SB Page 1
O R D E R
1. Shri Najmu Sakib filed an application dated 18.02.2015 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO)/ Commissioner of Customs (Import/Export/General) Jawaharlal Nehru Customs House, Dist. Raigad, Maharashtra seeking information on three points regarding the buffalo meat obtained/sourced from an APEDA registered integrated abattoir or APEDA registered meat processing plant for export; particularly made with reference to the APEDA registered abattoir No.169 of Kolkata Municipal Corporation at 74, D.C. Dey Road, Tangra, Kolkata.
2. Shri Najmu Sakib filed an appeal dated 10.06.2015 before the Commission on the grounds that the CPIO supplied information of all the exporters of buffalo meat in a CD format (though not asked for), which is too vast and not amenable to analysis on the plea that the hardcopies (dockets) are voluminous and therefore finding and supplying the specific documents will be time consuming. The appellant stated that the conditions imposed by the First Appellate Authority (FAA) for obtaining NOC from the concerned parties is unnecessary and in violation of the spirit of RTI Act and against the provisions of Section11. The appellant requested the Commission to direct the CPIO to provide him with specific information in a hard copy format and not in a CD format.
Hearing:
3. The appellant Shri Najmu Sakib attended the hearing through video conferencing. The respondent was not present despite notice.
CIC/KY/A/2015/000577/SB Page 2
4. The appellant submitted that though information had been provided by the CPIO in a CD, it was not specific. Also, the format in which the information has been provided is not accessible. Further, the CPIO has not provided the hard copy of the CD on the grounds that the information sought pertains to a third party.
Decision:
5. The Commission took a serious view of the absence of the CPIO despite notice. The Commission directs the CPIO to submit a written statement before the Commission, explaining his absence, along with the comments of First Appellate Authority, before 26.06.2016 both by post and through email at do.icsb[email protected].
6. The Commission after hearing the submissions of the appellant and perusing the records, directs the CPIO to provide information in a CD format, which is easily manipulable and accessible so that any common man can have easy access to information, within a period of four weeks from the date of receipt of a copy of this order.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided to both the parties free of cost.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer CIC/KY/A/2015/000577/SB Page 3 CIC/KY/A/2015/000577/SB Page 4