Central Information Commission
Rachhpal Singh Saini vs Indian Drugs & Pharmaceuticals Ltd. on 15 May, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/IDPCL/A/2024/612395 +
CIC/IDPCL/A/2024/604666
Rachhpal Singh Saini ... अपीलकता/Appellant
VERSUS
बनाम
CPIO:
Indian Drugs & Pharmaceuticals Ltd.,
Gurgaon, Haryana ... ितवादीगण/Respondent
Relevant dates emerging from the appeal(s):
RTI : 24.01.2024 & FA : 22.02.2024 &
SA : Nil
31.10.2023 18.12.2023
CPIO : 22.02.2024 & FAO : 19.03.2024 &
Hearing : 01.05.2025
13.11.2023 12.01.2024
Note: The above-mentioned appeal(s) have been clubbed for decision as these relate
to the same factual matrix.
Date of Decision: 14.05.2025
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
Second Appeal No. CIC/IDPCL/A/2024/612395
1. The Appellant filed an RTI application dated 24.01.2024 seeking information on the following points:
"I am writing to file a RTI against the Indian Drugs & Pharmaceuticals Ltd. (IDPL) Gurgaon Headquarters for their blatant delay and non-responsive behaviour concerning Page 1 of 8 the status of multiple RTI requests I have submitted. IDAPL/R/E/23/00037 - IDAPL/R/E/23/00050 Additionally, I have submitted the following RTI requests under the identification of Mr. Rachhpal Singh Saini:
IDAPL/A/E/23/00005 - IDAPL/A/E/23/00015 against RTI dated 31.10.2023 It has come to my attention that these requests have not been addressed within the stipulated time frame as mandated by the RTI Act 2005. The statutory period for providing information has elapsed, and it has now been more than 60 days since the submission of these requests.
Demand for Action:
I demand immediate action on the pending requests and a prompt response with the requested information from the inception of each request to the current date. Please provide a certified copy of all relevant documents in accordance with the relevant section and subsection of the RTI Act, 2005."
2. The CPIO replied vide letter dated 22.02.2024 returned the RTI to the Applicant stating that Complaints are not considered under the RTI portal.
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 22.02.2024. The FAA vide order dated 19.03.2024 stated that:
"The RTI application of the applicant and reply of PIO/CPIO-IDPL was examined, and it was observed the reply given by PIO/CPIO - IDPL to Mr. Rachhpal Singh Saini was within stipulated time limit as per provisions of RTI Act - 2005. It is further observed that the RTI application filed by Shri Rachhpal Singh Saini has neither been rejected nor declined by the CPIO. Applicant has not paid prescribed fee as per the act and claimed to be from BPL category. Therefore, CPIO requested applicant to provide a copy of valid BPL certificate issued by the appropriate Government in support of his claim to belong Page 2 of 8 from Below Poverty Line (BPL) as per the RTI Rules framed by Ministry of Personnel, Public Grievances & Pension, Department of Personnel & Training."
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated Nil.
Second Appeal No. CIC/IDPCL/A/2024/604666
5. The Appellant filed an RTI application dated 31.10.2023 seeking information on the following points:
"Environmental Compliance 1974 to 2023:
Copies of all environmental compliance reports submitted by IDPL to regulatory authorities from 1974 to 2023.
Instances of non-compliance, corrective measures taken, records of penalties, if any, and communication with regulatory bodies.
Waste Management Practices 1974 to 2023:
Types and quantities of waste generated by IDPL facilities from 1974 to 2023, categorized by hazardous, non-hazardous, and recyclable waste.
Details on disposal methods, recycling initiatives, waste reduction strategies, and the disposal locations used for each waste type.
Energy Consumption and Conservation 1974 to 2023:
Comprehensive data on energy consumption patterns at IDPL facilities from 1974 to 2023, including an annual breakdown by source (electricity, fossil fuels, renewable sources).Page 3 of 8
Projects, practices, and technologies implemented for energy conservation, with specific details on each initiative impact on energy consumption. Emission Control Measures 1974 to 2023:
Information on emission control measures in place at IDPL facilities, including specific technologies employed and monitoring systems used. Data on emissions from 1974 to 2023, broken down by pollutant type, and a summary of the effectiveness of measures taken to reduce emissions. Water Usage and Conservation 1974 to 2023:
Breakdown of IDPL water usage from 1974 to 2023, specifying quantities drawn from various sources (groundwater, surface water, etc.), and water usage for different processes.
Details on water conservation initiatives, recharging, recycling systems, and specific water-saving technologies implemented.
Biodiversity Conservation Initiatives 1974 to 2023:
Initiatives undertaken by IDPL for conserving local biodiversity around its facilities, including afforestation, habitat restoration, and protection programs. Partnerships with conservation organizations, and the results of biodiversity impact assessments conducted over the years.
Air Quality Monitoring Data 1974 to 2023:
Records of air quality monitoring around IDPL facilities from 1974 to 2023, including locations monitored, pollutants measured, and the frequency of monitoring. Data on major pollutants and compliance with air quality standards, along with the corrective actions taken in response to any breaches. Soil Quality Assessment, 1974 to 2023:Page 4 of 8
Results of soil quality assessments conducted around IDPL premises from 1974 to 2023, including parameters measured and any adverse findings.
Steps taken to address soil health issues, including soil remediation efforts and ongoing monitoring programs."
6. The CPIO replied vide letter dated 13.11.2023 and the same is reproduced as under:-
"As per the extant guidelines of Act, if the applicant belongs to BPL, is not required to pay any fee. However, he should submit a proof BPL. Applicant not accompanied by the fee or proof of BPL, as the case may be, shall not be a valid application under the Act.
You have submitted a copy of PHH Ration Card which does not mention anywhere whether you belong to BPL or not. Therefore, you are once again requested to submit BPL certificate in support of the application."
7. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.12.2023. The FAA vide order dated 12.01.2024 stated that:
"The RTI application of the applicant and reply of PIO/CPIO-IDPL was examined and it was observed the reply given by PIO/CPIO - IDPL to Mr. Rachhpal Singh Saini was within stipulated time limit as per provisions of RTI Act - 2005. It is further observed that the RTI application filed by Shri Rachhpal Singh Saini has neither been rejected nor declined by the CPIO. Applicant has not paid prescribed fee as per the act and claimed to be from BPL category. Therefore, CPIO requested applicant to provide a copy of valid BPL certificate issued by the appropriate Government in support of his claim to belong from Below Poverty Line (BPL) as per the RTI Rules framed by Ministry of Personnel, Public Grievances & Pension, Department of Personnel & Training."
8. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated Nil.
Page 5 of 8Hearing Proceedings & Decision
9. The Appellant remained absent during the hearing and on behalf of the Respondent, Arun Kumar, Sr. Executive & CPIO attended the hearing in person.
10. The Respondent submitted that the earlier stance taken by their office in the matters filed by the Appellant has been reiterated in their written submissions dated 25.04.2025.
11. The Commission observes that the instant set of appeal(s) are squarely covered by the observations and decision issued in a bunch matter of 11 cases of the Appellant decided on 12.02.2025 vide Second Appeal No. CIC/IDPCL/A/2024/602813 + 10 Appeal(s) wherein the following was held:
"17. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that the cognizance of the issues raised by the Respondent vide the above referred letter dated 16.12.2024 was already taken in Second Appeal No. CIC/IDPCL/A/2023/655163 in the following manner:
'the Commission has noted the elaborate background and issues faced by the Respondent with respect to the Appellant's RTI Application(s) and his BPL status being contested. However, the said concern can be taken up in an appropriate matter in the future for want of any previous cases filed by the Appellant with the Commission as well as in the face of allegations contesting his BPL status in his absence. Nonetheless, the Respondent is advised to have the BPL status being claimed by the Appellant verified through proper channel for easing out the resources invested in replying to his RTI Application(s) in the future.' Now, having noted the submissions of the Respondent filed in the instant matter and in the absence of the Appellant to plead his case as well as in the absence of a valid BPL certificate, the Commission finds the instant set of RTI Application(s) & Appeal(s) as frivolous and not maintainable. It is pertinent to note that the only argument tendered by the Appellant in the grounds of the instant set of second appeal(s) is as under:Page 6 of 8
'Notably, the central bodies including the Public Authority-Directorate of Forest Education, Dehradun, SBI Banks, AIIMS Hospitals, Regional Office, North- Central Zone, Dehradun (Ministry of Environment, Forest & Climate Control) and the Central Information Commission, New Delhi, have accepted my provided documents and issued a copy of a valid BPL certificate issued by the Department of Food, Civil Supplies & Consumer Affairs. However, it is disheartening that only CPIO Naresh Kumar and FAA Mukul Mathur did not accept the documents, revealing a blatant attempt to withhold information by neglecting their duty to seek the required details..' The above said argument is found to be inconsequential and absolutely bereft of merit in the wake of the Respondent having verified the Appellant's claim of belonging to BPL category."
12. The Appeal(s) are dismissed accordingly.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 13.05.2025 Authenticated true copy O. P. Pokhriyal (ओ.पी. पोख रयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO, Indian Drugs & Pharmaceuticals Ltd, Corporate Office, IDPL Complex, Old Delhi Gurgaon Road, Dundahera, Gurgaon, Haryana - 122016 Page 7 of 8
2. Rachhpal Singh Saini Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)