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Central Information Commission

Ashish Jain vs Spices Board on 25 March, 2026

                                केन्द्रीय सूचना आयोग
                          Central Information Commission
                             बाबा गंगनाथ मागग, मुननरका
                           Baba Gangnath Marg, Munirka
                            नई निल्ली, New Delhi - 110067

File No: CIC/SPIBO/C/2025/633195


Ashish Jain                                       ....निकायतकताग /Complainant

                                         VERSUS
                                          बनाम

CPIO: Spices Board of India,
Sugandha Bhavan, N.H. By Pass,
PB No. 2277, Palarivattom
P.O., Cochin - 682025, Kerala
                                                      ....प्रनतवािीगण /Respondent

 Date of Hearing                     :   25-03-2026
 Date of Interim Decision            :   25-03-2026

INFORMATION COMMISSIONER :               Khushwant Singh Sethi

Relevant facts emerging from complaint:

 RTI application filed on            :   29-03-2025
 CPIO replied on                     :   30-04-2025
 First appeal filed on               :
 First Appellate Authority's order   :
 Complaint dated                     :   19-07-2025




CIC/SPIBO/C/2025/633195                                               Page 1 of 6
 Information sought

:

1. The Complainant filed an RTI application dated 29-03-2025 seeking the following information:
"I am filing this RTI application under the Right to Information Act, 2005, to seek specific details regarding my letter dated 9 March 2025 addressed to the Secretary, Spices Board of India, highlighting procedural lapses in the issuance of a Show Cause Notice (SCN) to an incorrect address. Kindly provide the following information:
1. Status of My Letter:
Has my letter dated 9 March 2025 been received and acknowledged by the Spices Board?
If yes, please provide the file number and current status of my request. If no, kindly provide reasons for the same and details of the mode of dispatch used.
2. Stance of the Spices Board:
What is the official stance of the Spices Board regarding the RTI admission that the SCN was sent to an incorrect address?
Has any internal inquiry been conducted regarding this procedural lapse? If yes, please provide details and outcomes.
3. Decision on Requested Remedies:
Has any action been taken to review or rectify the decisions made based on the improperly served SCN?
Has the Spices Board considered granting me the extension I requested to continue my project? If yes, please provide details. If no, kindly provide reasons for the denial and the legal provisions supporting this stance.
4. Communication Records:
Provide certified copies of any internal notes, emails, or correspondence discussing my letter and the issues raised therein.
Provide details of any meetings held regarding this matter and the minutes of such meetings.
5. Response Timeframe:
CIC/SPIBO/C/2025/633195 Page 2 of 6
By when can I expect an official response or action taken report regarding my letter?"

2. The CPIO furnished a reply to the Appellant on 30-04-2025 stating as under:

"Please refer to the above mentioned RTI application, seeking information under RTI Act. In this connection, the required information/details are furnished below:
Q) How many days or years prior to the cancellation of the lease was the show cause notice issued to M/s Arihant Manglam? Ans: 3 year 9 months.
Q) In compliance with the Limitation Act or any other applicable laws, guidelines, or policies, after how many days or years can the Board cancel the lease following the issuance of a show cause notice?

Ans: As per clause no.6 of the lease agreement, terms and conditions will prevail stated as "the lessor shall have the right, during the subsistence of the lease to cancel the allotment of the plot and to take possession of the said allotted plot together with the other buildings and fixtures located on the same, for breach of any of the terms and conditions of this deed or terms and conditions of the allotment.

As per Show Cause Notice, read as follows "Should you fail to show proper cause within thirty (30) days from the date of receipt of this notice, the Board shall be at liberty to take appropriate action to take possession of the allotted plot, terminate the Agreement and recover damages from you, without notice and without any liability. Any action of the Board pursuant to this show-cause notice shall be in addition to and not in derogation of its rights or remedies available in law, contract, tort or equity.

Q) What is the registered postal address of M/s Arihant Manglam with the Spices Board?

Ans: Dubey Colony, Guna, Madhya Pradesh, as per the lease deed and M/s Arihant Manglam, Jain Mandir Road, Choudhri Colony, Guna, Madhya Pradesh 473001 as per the CRES which was valid till 2016. As on date, the firm does not possess a valid CRES.

CIC/SPIBO/C/2025/633195 Page 3 of 6

Q) On what postal address (including pincode) were the show cause notices sent to M/s Arihant Manglam? Please provide copies of the relevant dispatch details? Ans: The Show Cause Notice was sent to the address: "M/s Arihant Mangalam, Subhash Colony, Guna, Madhya Pradesh-473001. The notice was also sent by email to: [email protected] on 23.06.2020 and the same was posted on 26.06.2020. (Copy of the dispatch details and Show Cause Notice is attached). Q) Were the show cause notices sent to the correct postal address of M/s Arihant Manglam? Please provide a copy of the show cause notice? Ans: Yes. It may be noted that the colony name was mentioned as Subash colony due to oversight. However, the non return of the post as well as receipt of responses with regard to the show cause notice issued to the firm indicates that the show cause has been delivered to the party. Further, as the show cause copy has been provided to the petitioner himself, the Board is not obligated to provide additional copies of the communications.

Q) Does the Board have the authority to cancel the lease and forfeit it after passing the surrender order? What is the time-frame under which it can do so? Ans: Yes, Time frame will be as specified in the show cause notice. Q) Has the Board cancelled the surrender order before passing the lease cancellation order?

Ans: Based on the request received from M/s Arihant Mangalam dtd 14.12.2022 to surrender the plots, the Board sent the letter of acceptance of surrendering along with surrender deed on 02.01.2023, which was 1 year 2 months before the issuance of cancellation letter.

Q) Did the Board issue a time frame under which the surrender deed was required to be submitted to the Spices Board?

Ans: Reply to question number 2 shall be referred. Q) Has the Board informed M/s Arihant Manglam of the timeline to submit the lease cancellation deed?

If yes, was this communication sent to the registered address of M/s Arihant Manglam by post?

CIC/SPIBO/C/2025/633195 Page 4 of 6

Ans: The letter dtd 02.01.2023 requesting to register the lease deed was sent through email and to the postal Address: Near Surya Electronics., B G Road, Guna, Madhya Pradesh-473001."

3. Feeling aggrieved and dissatisfied, Complainant approached the Commission with the instant Complaint.

Facts emerging in course of Hearing:

The following were present:-
Complainant: Attended the hearing through video conference. Respondent: Ms. Raji, CPIO, attended the hearing through video conference.

4. The Complainant stated that the main issue pertains to a lease cancellation. The complainant submitted that he sought information as to whether the letter dated 9th March 2025 had been received and acknowledged by the Spices Board, official stance of the Spices Board regarding the RTI admission that the SCN was sent to an incorrect address etc.

5. The Respondent submitted that the RTI application dated 29.03.2025 was replied vide letter dated 30.04.2025.

6. The Commission queried the complainant regarding filing of incorrect CPIO reply dated 12.02.2025. To this, the complainant stated that it was an inadvertent error from his end.

Interim Decision

7. The Commission, after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the complainant had failed to file the corresponding reply of the CPIO with respect to his RTI application. Also, the respondent had not filed their CPIO's reply dated 30.04.2025. The Commission finds that it is necessary to consider the aforesaid reply of the CIC/SPIBO/C/2025/633195 Page 5 of 6 CPIO before arriving at a decision in the instant case. Both the complainant and respondent had failed to apprise the Commission regarding the reply dated 30.04.2025. In view of the above, the instant complaint hearing is adjourned. The matter will be listed again after intimating the next date of hearing to both the parties. Accordingly, the complaint is reserved for further orders.

Copy of the decision be provided free of cost to the parties.

(Khushwant Singh Sethi) (खुशवन्त स िंह ेठी) Information Commissioner ( ूचना आयुक्त) निनां क/Date: 25.03.2026 Authenticated true copy S. K. Chitkara (एस. के. नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26107026 Copy To:

1. The CPIO Spices Board of India, Sugandha Bhavan, N.H. By Pass, PB No. 2277, Palarivattom P.O., Cochin - 682025, Kerala.
2. The FAA, Spices Board of India, Sugandha Bhavan, N.H. By Pass, PB No. 2277, Palarivattom P.O., Cochin - 682025, Kerala.
3. Ashish Jain CIC/SPIBO/C/2025/633195 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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