Central Information Commission
Naresh Kadyan vs Central Zoo Authority, New Delhi on 9 February, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. (As Per Annexure)
Naresh Kadyan ...िशकायतकता/Complainant
VERSUS
बनाम
CPIO: Evaluation &
Monitoring Asst., Central Zoo ... ितवादीगण/Respondent
Authority (M/o. Environ .,
Forests & Climate, New
Delhi
Relevant dates emerging from the Complaints:
Sl. Complai Date of RTI Date of Date of Date of Complaint
No. nt Application CPIO's First FAA's
Reply Appeal Order
1. 613008 11.01.2024 08.02.2024 Nil 16.02.2024 Nil.
2. 613309 08.01.2024 16.02.2024 Nil. 16.02.2024 Nil.
3. 19.03.2024 Not on Nil. Not on Nil.
625650
record record
4. 06.09.2024 Not on Nil. Not on Nil.
651527
record record
5. 17.02.2024 Not on Nil. Not on Nil.
651724
reocrd record
6. 17.02.2024 Not on Nil. Not on Nil.
652516
reocrd record
7. 05.09.2024 Not on Nil. Not on Nil.
654677
reocrd record
Page 1 of 24
8. 05.09.2024 Not on Nil. Not on Nil.
654679
reocrd record
9. 05.09.2024 Not on Nil. Not on Nil.
654682
reocrd record
10. 641106 24.03.2025 17.04.2025 25.04.2025 05.05.2025 Nil.
Note - The above-mentioned Complaint have been clubbed together for decision as
these are based on similar RTI Applications.
Date of Hearing: 05.02.2026
Date of Decision: 05.02.2026
CORAM:
Hon'ble Commissioner
Shri P R Ramesh
ORDER
Complaint No. CIC/CZAUR/C/2024/613008
1. The Complainant filed an RTI application dated 11.01.2024 seeking information on the following points:
1. Supply complete list with present status, species-gender-age wise, copies of all recognised establishments with the CZA, are removed meat animals - performing animals from the display of public view, entering with ticket, and rest animals in captivity, registered with AWBI, as they are not exempted, restoring their five freedoms, along with adopted animals.
2. Status reports of all complaints lodged with action taken, copies needed to follow up.
3. Coordination between CZA, AWBI, NTCA, NBA with WCCB, supply copies.
4. Complete list and copies of exemption under section 22 of PCA Act, 1960, related to display as performing animals in Zoo.
- Naresh Kadyan, Master Trainer in Animal Welfare to Govt. of India 1.1. The CPIO replied vide letter dated 08.02.2024 and the same is reproduced as under:-Page 2 of 24
1. "..Information desired by the applicant is not available with this public authority.
The question of housing and display of performing animals in a zoo arises only in case of Circus by virtue of its inclusion in the definition of 'zoo' under section 2(39) of the Wild Life (Protection) Act, 1972, with effect from April 1, 2003.
Para 11(2) of the Schedule in Rule 10 under the Recognition of Zoo Rules, 2009, notified by the Central Government in exercise of powers conferred under clause (f) and (g) sub-section (1) of section 63 of the Wild Life (Protection) Act, 1972 vide G.S.R.807(E) dated November 10, 2009, does not permit any physical handling or performances by animals as part of educational activity in a ZOO.
2. The applicant may please specify the information required as the text of the existing request for information is extremely vague in nature.
3. The applicant may please specify the information required as the text of the existing request for information is extremely vague in nature.
4. As per provisions of section 27 of the Prevention of Cruelty to Animals Act, 1960, nothing contained in the Chapter V of the Act shall apply to any animals kept in any zoological garden or by any society or association which has for its principal object the exhibition of animals for educational or scientific purposes. Hence, the question of providing information desired by the applicant does not arise..."
1.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated Nil. alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 16.02.2024 observed as under:-
5. Now, therefore, it is observed that the information as available with this public authority was provided to the applicant within the prescribed time limit and did not see merit in the appeal and the appeal bearing Registration Number Page 3 of 24 CZAUT/A/E/24/00004 is disposed of. In case the appellant is not satisfied with the decision, the second appeal lies with the Central Information Commission. 1.3. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Complaint dated Nil.
Complaint No. CIC/CZAUR/C/2024/613309
2. The Complainant filed an RTI application dated 08.01.2024 seeking information on the following points:
All male and female Elephants, and other performing animals, owned by Circuses, Bonafide zoo, as per recognized list of AWBI and CZA, as attached for ready references, these heritage animals are disappeared without any intimation, permission of AWBI and CZA, even violated section 38H of Wildlife Protection Act, 1972, and Performing Rules, 2001, breaching public trust being criminal conspiracy, involving public servants, holding berths in AWBI and CZA. Whereas all animals seem to be dead, disposed off without protocol. Prayers: Look out notice issued to submit report of their existence:
1. AWBI, to submit status report of all performing animals, with circus.
2. CZA, to submit status report of all Elephants, with circus.
3. WCCB, status report of all performing animals, with circus.
Report within 15 days with complete details of sex and species of animals, restoring their 5 freedoms, with present status, as per Hippo of Asiad circus. Supply complete list and details with species and sex wise, performing animals, with all establishments, including-
1. Circus recognised at present, with details of animals, describing their skills and compliance of all terms and conditions.
2. Present status of all performing animals rescued adopted from all establishments including circuses.
Page 4 of 243. Complete list of Circuses registered with AWBI, as per Performing Animal Rules, 1973 with present status of all animals.
4. Complete list of Circuses registered with AWBI, as per Performing Animal Rules, 2001 with present status of all animals.
5. Complete list and details of animals died in the premises of all establishments, including circuses.
2.1. Having not received any response from the CPIO, the Appellant filed a First Appeal dated Nil.
2.2. CPIO furnished a reply dated 16.02.2024 as under:
".. 1) Animal welfare Board of India, Chennai : The CPIO, Animal Welfare Board of India, is hereby requested to consider part of the request for information CZAUT/R/E/24/00003 at serial number 1..."
2.3. The FAA vide order dated 16.02.2024 observed as under:-
2. And whereas, the applicant filed an appeal bearing Registration Number CZAUT/A/E/24/00003 dated February 8, 2024 under provisions of the Right to Information Act, 2005, on the ground that no response within the time limit.
3. And whereas, comments on the aforementioned appeal sought from the Central Public Information Officer in office of the Central Zoo Authority. It has been apprised that presently there is no circus recognised under section 38-H of the Wild Life (Protection) Act, 1972. Further status of elephants as desired by the applicant is not available with this public authority.
4. And whereas, on examination of the application of Shri Naresh Kadyan and comments of the CPIO of this office, it is observed that that the CPIO did not adhere to the prescribed time limit for provision/rejection/transfer of the request for information. The CPIO is directed to comply with the prescribed timeline in future.Page 5 of 24
5. Now, therefore, the appeal bearing Registration Number CZAUT/A/E/24/00003 is disposed of. In case the appellant is not satisfied with the decision, the second appeal lies with the Central Information Commission. 2.4. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Complaint dated Nil.
Complaint No. CIC/CZAUR/C/2024/625650
3. The Complainant filed an RTI application dated 19.03.2024 seeking information on the following points:
"As per Rule 2 (c) of the Captive Elephant (Transfer or Transport) Rules, 2024, read with Rule 96 of the Transportation of Animals Rule, 1978, amended in 2001 and 2009: Elephant means a captive elephant in respect of which an ownership certificate has been issued under Section 42 of the Wildlife Protection Act, 1972. As per section 47 of IPC: Animal is a living creature other than human beings, read with section 2 of the Prevention of Cruelty to Animals Act, 1960, besides animal treated as goods, while shifting in goods transport vehicle, read with Central Motor Vehicle (11th Amendments) Rules, 2015 and Central Motor Vehicle (13th Amendments) Rules, 2016, special vehicle required to transport animals, including elephant, camel, giraffe, keeping in view protocol for wild and domestic animal shifting.
There is no protocol mechanism and special vehicle, introduced in India, supply complete details of transportation rules and regulation, to shift elephant, camel, giraffe, Yak, Mithun, Ganda, Hippo, Langur, Lion, Tiger, Bear, Python, etc scheduled animals, including Cheetah, being exotic species, eith by road, sea, on foot and by air.Page 6 of 24
Supply requirement of pre-transport permit, required or not, which is mandatory, as per rule 96 of the Transportation of Animals Rule, 1978, amended in 2001 and 2009, as stated above."
3.1. Having not received any response from the CPIO, the Appellant filed a First Appeal dated Nil.
3.2. FAA vide order dated 08.07.2024 directed the PIO to furnish information to the Appellant within 7 days from the date of order.
3.3. PIO furnished reply dated 31.01.2025 as under:
"..Information desired is outside the functions assigned to this public authority under section 38-C of the Wild Life (Protection) Act, 1972. Information available with this public authority regarding transportation of captive animals including elephants is placed in the public domain on official website at the link: https://cza.nic.in/.."
3.4. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Complaint dated Nil.
Complaint No. CIC/CZAUR/C/2024/651527
4. The Complainant filed an RTI application dated 06.09.2024 seeking information on the following points:
1. Supply complete list as stated above, including 2 sick elephants of Great Golden Circus, along with their microchip number with present status.
2. Supply all copies of relaxation permission, as required under section 2(d) of the Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009: Compulsory vaccination means vaccination of any animal against any scheduled disease in respect of which vaccination is made mandatory under the provisions of this Act and present status.Page 7 of 24
3. Supply all copies of relaxation-permission obtained, under Captive Elephant (Transfer or Transport) Rules, 2024 and present status.
4. Supply all copies of relaxation-permission obtained, under Protocols for transportation of wild animals, introduce by CZA and present status.
5. Supply all copies of relaxation permission obtained, under Tamil Nadu Captive Elephants (Management and Maintenance) Rules, 2011 and present status.
6. Supply all copies of relaxation permission obtained, under Rule 96 of Animal Transportation Rules, 1978 amending in 2001 and 2009 with present status.
7. Supply all copies of relaxation - permission obtained, under Guidelines for care and management of captive elephants, issued on 8-1-2008 by Project Elephant and present status.
8. Supply all copies of relaxation-permission obtained, under Central Motor Vehicle Act and rules - regulations...etc. 4.1. Having not received any response from the CPIO, the Appellant filed a First Appeal dated Nil.
4.2. PIO furnished reply dated 26.11.2024 as under:
Information available with this public authority is confined to functions assigned under Chapter IV-A of the Wild Life (Protection) Act, 1972 and is confined to establishments recognized under section 38-H of the Act. Whereas the Radhe Krishna Temple Elephant Welfare Trust is not recognised under section 38- H of the Act. With respect to the Greens Zoological, Rescue and Rehabilitation Centre, Jamnagar, information on transfer of animals reported to this public authority under Rule 11(1) in the Recognition of Zoo Rules, 2009, is readily available on official website of this public authority at the link: https://cza.nic.in/page/en/inventory-of-animals-in-zoos
1. Information available with this public authority stands already provided to the applicant on 20-11-2024 vide application with registration and CZAUT/R/E/24/00059 respectively. number CZAUT/X/24/00006 Page 8 of 24
2. Information desired is not available with this public authority.
3. Information desired is not available with this public authority.
4. Permission for transfer of captive animals by recognized zoos is issued under section 38-1 of the Wild Life (Protection) Act, 1972. This information is readily available on official website of this public authority at the link:
https://cza.nic.in/annual-reports-of-cza/en With respect to information desired on relaxation from protocol for transportation of wild animals, information is not available with this public authority.
5. Information desired is not available with this public authority.
6. Information desired is not available with this public authority.
7. Information desired is not available with this public authority 4.3. FAA vide order dated 18.01.2025 upheld the reply furnished by the PIO. 4.4. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Complaint dated Nil.
Complaint No. CIC/CZAUR/C/2024/651724
5. The Complainant filed an RTI application dated 17.02.2024 seeking information on the following points:
1. Action taken on Raman Reti Ashram at Varindavan, having scheduled animals in their captivity without approval under section 38H of Wild Life (Protection) Act, 1972, copies with action and present status.
2. Status of wild animal species including Monkey, omitted from the Wild Life (Protection) Act, 1972, as they have protection cover, in past.
3. Status of the recognition under 38H of Wild Life (Protection) Act, 1972, applied and granted to Radhe Krishna Temple Elephant Welfare Trust.
4. Status of the recognition under 35 of the Prevention of Cruelty to Animals Act, 1960, applied and granted to Radhe Krishna Temple Elephant Welfare Trust, as Infirmary.Page 9 of 24
5. Supply complete details and list of animals, obtained by the Radhe Krishna Temple Elephant Welfare Trust, along with source of procurement.
6. Complete details, Impact of Radhe Krishna Temple Elephant Welfare Trust, protecting our flora and fauna.
7. Copies of report of CZA and AWBI, related to Radhe Krishna Temple Elephant Welfare Trust, keeping in view, orders passed by the Delhi High Court, in case of Hippo of Asiad Circus.
8. Status of Great Golden Circus, two female elephants, were shifted for treatment, care and shelter, along with pointwise compliance of guidelines of Project Elephant, dated 8-1-2008, and protocols of CZA, to transport elephants, including wild animals.
Brand Ambassador Viyana Berwal via Naresh Kadyan, Master Trainer 5.1. Having not received any response from the CPIO, the Appellant filed a First Appeal dated Nil.
5.2. PIO furnished reply dated 31.0 1.2025 as under:
"...Information desired is not available with this Public Authority..."
5.3. FAA vide order dated 19.02.2025 upheld the reply furnished by the PIO. 5.4. Aggrieved with the non-receipt of the FAA's, the Appellant approached the Commission with the instant Complaint dated Nil.
Complaint No. CIC/CZAUR/C/2024/652516
6. The Complainant filed an RTI application dated 17.02.2024 seeking information on the following points:
Community Policing in good faith as scouting for Elephants: CZA recognize under section 38 of WP Act, 1972, and these recognized do not follow the transportation mechanism, committees constituted: Supply copies of all animals
- age - gender - health wise, shifted to Greens Zoological Rescue and Page 10 of 24 Rehabilitation Kingdom and Radhe Krishna Temple Elephant Welfare Trust, for treatment, care and lifetime shelter, besides 2 sick elephants of Great Golden Circus::
1. Supply complete list as stated above, including 2 sick elephants of Great Golden Circus, along with their microchip number with present status.
2. Supply all copies of relaxation permission, as required under section 2(d) of the Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009: Compulsory vaccination means vaccination of any animal against any scheduled disease in respect of which vaccination is made mandatory under the provisions of this Act and present status.
3. Supply all copies of relaxation - permission obtained, under Captive Elephant (Transfer or Transport) Rules, 2024 and present status.
4. Supply all copies of relaxation - permission obtained, under Protocols for transportation of wild animals, introduce by CZA and present status.
5. Supply all copies of relaxation permission obtained, under Tamil Nadu Captive Elephants (Management and Maintenance) Rules, 2011 and present status.
6. Supply all copies of relaxation permission obtained, under Rule 96 of Animal Transportation Rules, 1978 amending in 2001 and 2009 with present status.
7. Supply all copies of relaxation permission obtained, under Guidelines for care and management of captive elephants, issued on 8-1-2008 by Project Elephant and present status.
8. Supply all copies of relaxation - permission obtained, under Central Motor Vehicle Act and rules - regulations.
6.1. Having not received any response from the CPIO, the Appellant filed a First Appeal dated Nil.
6.2. PIO furnished reply dated 26.11.2024 as under:Page 11 of 24
"..The CPIO is not mandated to draw inferences. Information available with this public authority is confined to functions assigned under Chapter IV-A of the Wild Life (Protection) Act, 1972 and is confined to establishments recognized under section 38-H of the Act. Whereas the Radhe Krishna Temple Elephant Welfare Trust is not recognised under section 38-H of the Act. With respect to the Greens Zoological. Rescue and Rehabilitation Centre, Jamnagar, information on transfer of animals reported to this public authority under Rule 11(1) in the Recognition of Zoo Rules, 2009. is readily available on official website of this public authority at the link:
https://eza.nic.in/page/en/inventory-of-animals-in-zoos
1. Information available with this public authority stands already provided to the applicant on 20-11-2024 vide application with CZAUT/R/E/24/00059 respectively. registration number and CZAUT/X/24/00006
2. Information desired is not available with this public authority.
3. Permission for transfer of captive animals by recognized zoos is issued under section 38-1 of the Wild Life (Protection) Act, 1972. This information is readily available on official website of this public authority at the link:
4. https://cra.nic.in/annual-reports-of-czain With respect to information desired on relaxation from protocol for transportation of wild animals, information is not available with this public authority.
5. Information desired is not available with this public authority. Further, the applicant is advised to address her request to the concerned public authority as per the instructions issued by the DoPT vide Office Memorandum No. 10/2/2008-IR dated June 12, 2008.
6. Information desired is not available with this public authority.
7. Information desired is not available with this public authority.Page 12 of 24
8. Information desired is not available with this public authority
9. Information desired is not available with this public authority..."
6.3. FAA vide order dated 18.02.2025 upheld the reply furnished by the PIO. 6.4. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Complaint dated Nil.
Complaint No. CIC/CZAUR/C/2024/654677
7. The Complainant filed an RTI application dated 05.09.2024 seeking information on the following points:
Supply complete details with permission granted by CZA-NTCA - AWBI - WCCB NBA quoting legal provisions, relaxation of the 38-1 of WP Act, 1972-Acquisition of animals by a zoo, in case related to Greens Zoological Rescue and Rehabilitation Kingdom:
(1) Subject to the other provisions of this Act, no zoo shall acquire, sell or transfer any wild animal or captive animal specified in S Schedules except with the previous permission of the Authority.
(2) No zoo shall acquire, sell or transfer any wild or captive animal except from or to a recognised zoo. Provided that nothing in this sub-section shall apply to a conservation breeding centre.
Supply complete details and list of animals imported in India by recognised Zoo - Rescue Centers, including case related to Greens Zoological Rescue and Rehabilitation Kingdom, with present status of imported animals. Supply complete details and list of protection cover, applied of these imported animals as exotic species, in the legal mechanism, enforced in India, including Chetah being imported animal as exotic species, omitting Chetah term from the existed Wildlife Protection Act, 1972.
Page 13 of 24Supply complete details and point wise compliance of Declarations as required under section 40 of WP Act, 1972, by all recognized establishments by CZA- NTCAAWBIWCCB - NBA 7.1. Having not received any response from the CPIO, the Appellant filed a First Appeal dated Nil.
7.2. PIO furnished reply dated 31.01.2025 as under:
1. "..No information requested.
2. Information available is hosted on official website at the following links:
https://eza.nic.in/page/en/inventory-of-animals-in-zo05 https://cza.nic.in annual-reports-d 2005 CD https://cza.nic.in/annual-reports-of-czalen.
3. Information requested is not available.
4. Information requested is not available.."
7.3. FAA vide order dated 19.02.2025 upheld the reply furnished by the PIO. 7.4. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Complaint dated Nil.
Complaint No. CIC/CZAUR/C/2024/654679
8. The Complainant filed an RTI application dated 05.09.2024 seeking information on the following points:
Community Policing in good faith as scouting for circus and rescue canter animals:
Adoption of animals:
Scouts and Guides for Animals and Birds, along with OIPA: Indian People for Animals, has been launched an animal adoption scheme. This is a great way for anyone to show their commitment to performing animals with circuses and wildlife with the rescue centres for lifetime treatment, care and shelter, besides conservation by supporting the efforts of Government, whereas one can contribute to the necessary expenses for their food and maintenance for a certain period of time. The Page 14 of 24 cost of adoption of a particular animal may be prepared on the basis of accepted rates for purchase of food and other items as per its feeding schedule along with such provisional amount as may be required for regular vaccination and treatment of that particular animal Key features of the scheme are as follows:
Adoption of animals includes expenses incurred only for feeding and health of any animal / Any bona fide real person organization can adopt any animal / We reserves the right to accept or reject the proposal of any person / organization for adoption of any animal without assigning any reason /adopter has to adopt the animal for a minimum period of one year/adopter shall bear the entire cost of feeding the animal and maintaining the health of the animal as determined, during the period of adoption along with transportation charges/prepare the cost of adoption of a particular animal for a specified period which shall not be less than one year / adopter has to contribute the required amount for adoption of the animal before the period of adoption/ name of the adopter, with his consent, will be displayed in the enclosure where the adopted animal is displayed/adopter shall comply with the applicable law and the terms and conditions prescribed by the AWBI-CZA from time to time.
In case of sudden death / rescue / exchange of the animal, the adopter will have the option to adopt another animal for the remaining period after discussion with the AWBI-CZA.
Supply copies of acceptance rejection of the scheme, along with copies of all NOC- Permissions to import and export of captive wild animals by the Greens Zoological Rescue and Rehabilitation Kingdom, outside India and purpose of import-exchange, like wise Radhe Krishna Temple Elephant Welfare Trust.Page 15 of 24
Supply complete details and list of animals, obtained by the Radhe Krishna Temple Elephant Welfare Trust, along with source of procurement, along with recognition under 38 of WP Act/Infirmary under 35 of PCA Act, 1960. Status of complete details of two female elephants, were shifted for treatment, care and shelter, along with pointwise compliance of guidelines of Project Elephant, dated 8-1-2008, and protocols of CZA, to transport elephants, including wild animals, by Radhe Krishna Temple Elephant Welfare Trust, along with Asiad Circus Hippo, as sick elephants can not be shifted by goods transport vehicle. 8.1. Having not received any response from the CPIO, the Appellant filed a First Appeal dated Nil.
8.2. PIO furnished reply dated 31.01.2025 as under:
"..No information requested.
Information available is hosted on official website at the link https://cza.nic.in/page/en/inventory-of animals-in-zoo Information is not available with this public authority. Information is not available with this public authority..."
8.3. FAA vide order dated 19.02.2025 upheld the reply furnished by the PIO. 8.4. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Complaint dated Nil.
Complaint No. CIC/CZAUR/C/2024/654682
9. The Complainant filed an RTI application dated 05.09.2024 seeking information on the following points:
38H of WP Act, 1972: Recognition of zoos (1) No 200 shall be operated without being recognized by the Authority:
Provided that a zoo being operated immediately before the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991) may continue to operate without being recognised for a period of eighteen months from the date of Page 16 of 24 such commencement and if the application seeking recognition is made within that period, the zoo may continue to be operated until the said application is finally decided or withdrawn and in case of refusal for a further period of six months from the date of such refusal.
(1A) On and after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) a 200 shall not be established without obtaining the prior approval of the Authority.
(2) Every application for recognition of a zoo shall be made to the Authority in such form and on payment of such fee as may be prescribed.
(3) Every recognition shall specify the conditions, if any, subject to which the applicant shall operate the 200.
(4) No recognition to a 200 shall be granted unless the Authority, having due regard to the interests of protection and conservation of wild life, and such standards, norms and other matters as may be prescribed, is satisfied that recognition should be granted.
(5) No application for recognition of a 200 shall be rejected unless the applicant has been given a reasonable opportunity of being heard (6) The Authority may, for reasons to be recorded by it, suspend or cancel any recognition granted under sub-section (4): Provided that no such suspension or cancellation shall be made except after giving the person operating the zoo a reasonable opportunity of being heard.
(7) An appeal from an order refusing to recognise a 200 under sub-section (5) or an order suspending or cancelling a recognition under sub-section (6) shall lie to the Central Government.
(8) An appeal under sub-section (7) shall be preferred within thirty days from the date of communication to the applicant of the order appealed against:Page 17 of 24
Provided that the Central Government may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
Supply point wise compliance, as stated above along with compliance of terms and conditions of CZA, to Greens Zoological Rescue and Rehabilitation Kingdom, along with copy of permission to rescue - exchange, captive animals with relaxation of AWBI, to display exotic species - wild animals for public. Supply copies of CZA- AWBI permission, to fed beef and live animals and birds to captive reptiles and other animals.
Supply copies of adoption of captive animals with Greens Zoological Rescue and Rehabilitation Kingdom and permission granted as Infirmary under section 35 of the PCA Act, 1960 by AWBI.
Supply complete details and list of animals, imported by Greens Zoological Rescue. 9.1. Having not received any response from the CPIO, the Appellant filed a First Appeal dated Nil.
9.2. PIO furnished reply dated 31.01.2025 as under:
1. "...No information requested.
2. No information requested.
3. No information requested.
4. No information requested.
5. No information requested..."
9.3. FAA vide order dated 19.02.2025 upheld the reply furnished by the PIO. 9.4. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Complaint dated Nil.Page 18 of 24
Complaint No. CIC/CZAUR/C/2024/641106
10. The Complainant filed an RTI application dated 24.03.2025 seeking information on the following points:
1. Supply copies of ownerships certificates of the wild animals, rescued at VANTARA and GZRRC, trademarks applied and obtained by GREENS ZOOLOGICAL RESCUE AND REHABILITATION CENTRE SOCIETY, which is a registered under Societies Registration Act, 1860, besides NGO Darpan. GJ/2024/0428118, which was registered under Gujarat Public Trust Act, 1950.
2. Supply copies of CZA recognition under 38H of WP Act, 1972, to the VANTARA and GZRRC, trademarks applied and obtained by GREENS ZOOLOGICAL RESCUE AND REHABILITATION CENTRE SOCIETY, which is a registered under Societies Registration Act, 1860, besides NGO Darpan -GJ/2024/0428118, which was registered under Gujarat Public Trust Act, 1950.
3. Supply copies of ownership certificates of the wild animals rescued at Greens Zoological Rescue and Rehabilitation Centre-GZRRC, as recognised by CZA under 38H of WP Act, 1972. Supply copies of permission of IUCN-CITES TRAFFIC (Trade Records Analysis of Flora and Fauna in Commerce), also known as the Wildlife Trade Monitoring Network, is a global non-governmental organization monitoring the trade in wild plants and animals.
4. Supply copies of complaints received and action taken reports with present status, along with role of National Tiger Conservation Authority (NTCA) and WCCB. 10.1. The CPIO replied vide letter dated 17.04.2025 and the same is reproduced as under:-
"..The information being sought in the instant RTI Application is not available with the organization i.e. Central Zoo Authority.Page 19 of 24
2. The recognition given to GREENS ZOOLOGICAL RESCUE AND REHABILITATION CENTRE is available on the website of CZA i.e. http://cza.nic.in Furthermore, it is also to be highlighted that the language used in the instant RTI Applicant is majorly untenable and incomprehensible..."
10.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 25.04.2025. alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 05.05.2024 observed as under:-
Order
6. In view of the observations made above, the CPIO has responded to the appellant vide his enclosed letter dated 17.04.2025.
7. The appeal is dismissed with the observations made above. 10.3. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Complaint dated Nil.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Shri Suresh Sharma, Finance Officer (I/c), Shri T. Ajay Kumar, Evaluation and Monitoring Assistant, Ms Ritika Prasad, Advocate, Law Officer- participated in the hearing.
11. The Respondent while defending their case inter alia submitted that information as available in their records has been duly provided to the Complainant. They averred that the delay in responding the RTI Application was due to administrative reasons. They placed on record copies of replies and order of FAA in reference to all the aforementioned Complaints.
Decision Page 20 of 24
12. The matter was listed for hearing today. Notice of hearing was duly served upon the Complainant. However, the Complainant remained absent and unrepresented at the time of hearing. It is noted from the records that this is not the first instance of non-appearance by the Complainant. On earlier occasions as well, the Complainant has failed to attend the hearings despite due service of notice. The Commission is therefore constrained to observe that the Complainant has not shown due diligence in following up the present appeal.
13. The Respondent was present and reiterated the submissions already placed on record. Upon perusal of the available records, the Commission finds no infirmity or violation of the provisions of the RTI Act, 2005 on the part of the Respondent.
14. The right to information, though statutory, must be exercised bona fide. Repeated filing of appeals/complaints followed by deliberate non-appearance amounts to abuse of the process of the Commission and results in unnecessary consumption of public time and resources.
15. In view of the above facts and circumstances, and in the absence of the Complainant despite sufficient opportunity being afforded, the Commission proceeds to decide the matter.
16. Commission has gone through the case records and on the basis of proceedings during hearing observes that an appropriate reply has been provided to the Complainant by the CPIO as per the provisions of the RTI Act. Therefore, no malafide can be ascribed over the conduct of the CPIO and thus, no penal action is warranted in the matter.
17. Commission further observes that the Complainant has chosen to approach the Commission with a Complaint under Section 18 of the RTI Act wherein the Commission is required to examine whether there was any deliberate denial of information by the public authority. It is worthwhile to place reliance on the judgment of the Hon'ble Supreme Court of India in the case of Chief Information Commissioner and Another v. State of Manipur and Anr. in Civil Appeal Nos. 10787-10788 of 2011 dated 12.12.2011, relevant extract whereof is as under:
Page 21 of 24"...28. The question which falls for decision in this case is the jurisdiction, if any, of the Information Commissioner under Section 18 in directing disclosure of information. In the impugned judgment of the Division Bench, the High Court held that the Chief Information Commissioner acted beyond his jurisdiction by passing the impugned decision dated 30th May, 2007 and 14th August, 2007. The Division Bench also held that under Section
18 of the Act the State Information Commissioner is not empowered to pass a direction to the State Information Officer for furnishing the information sought for by the complainant."
"30. It has been contended before us by the Respondent that under Section 18 of the Act the Central Information Commission or the State Information Commission has no power to provide access to the information which has been requested for by any person but which has been denied to him. The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20. However, before such order is passed the Commissioner must be satisfied that the conduct of the Information Officer was not bona fide."
31. We uphold the said contention and do not find any error in the impugned judgment of the High court whereby it has been held that the Commissioner while entertaining a complaint under Section 18 of the said Act has no jurisdiction to pass an order providing for access to the information."
"37. We are of the view that Sections 18 and 19 of the Act serve two different purposes and lay down two different procedures and they provide two different remedies. One cannot be a Substitute for the other...."
18. Thus, the limited point to be adjudicated in complaint u/s 18 of RTI Act is whether the information was denied intentionally.
Page 22 of 2419. In the light of the above observations, the Commission is of the view that there is no mala fide denial of information on the part of the concerned CPIO and hence no action is warranted under section 18 and 20 of the Act.
All the aforementioned Complaints are dismissed.
Copy of the decision be provided free of cost to the parties.
(P R Ramesh) (पी. आर. रमेश) Information Commissioner (सूचना आयु ) Authenticated true copy Vivek Agarwal (िववेक अ वाल) Dy. Registrar (उप पं जीयक) 011-26107048 Addresses of the parties:
1 The CPIO Evaluation & Monitoring Asst., Central Zoo Authority (M/o.
Environ., Forests & Climate Change), B-1 Wing, 6th Floor, Pt. Deendayal Antyodaya Bhawan, CGO Complex, Lodhi Road, New Delhi-110003.
2 Naresh Kadyan Page 23 of 24 Annexure of Complaint Sl. No. Complaint No. 1 CIC/CZAUR/C/2024/613008 2 CIC/CZAUR/C/2024/613309 3 CIC/CZAUR/C/2024/625650 4 CIC/CZAUR/C/2024/651527 5 CIC/CZAUR/C/2024/651724 6 CIC/CZAUR/C/2024/652516 7 CIC/CZAUR/C/2024/654677 8 CIC/CZAUR/C/2024/654679 9 CIC/CZAUR/C/2024/654682 10 CIC/CZAUR/C/2025/641106 Page 24 of 24
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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