Central Information Commission
Ashish Kumar Khare vs Fishery Survey Of India,Mumbai on 1 November, 2022
CIC/FSIMU/A/2021/660376
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/FSIMU/A/2021/660376
In the matter of:
Ashish Kumar Khare ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Fishery Survey of India,
2nd Floor, Plot No. 2 A,
Unit No. 12, New Fishing
Harbour, Sasson Dock,
Colaba, Mumbai-400005
Relevant dates emerging from the appeal:
RTI Application filed on : 30.07.2021
CPIO replied on : 17.08,2021
First Appeal filed on : 22.09.2021
First Appellate Authority order : 04.10.2021
Second Appeal received on : 15.12.2021
Date of Hearing : 06.10.2022
The following were present:
Appellant: Shri. Ashish Kumar Khare, participated in the hearing through
video conference from NIC Ahmedabad
Respondent: Shri. V. Ramnamurthy, CPIO & System Analyst, Fishery Survey
of India, participated in the hearing through video conference from NIC
Mumbai
Page 1 of 8
CIC/FSIMU/A/2021/660376
ORDER
Information sought:
The Appellant filed an RTI Application dated 30.07.2021 seeking information on the following four points:
Shri. N. V. Ramanamurthy, CPIO & System Analyst, Fishery Survey of India, Colaba, Mumbai vide letter dated 17.08.2021, informed to the Appellant as under:Page 2 of 8
CIC/FSIMU/A/2021/660376 Being dissatisfied, the Appellant filed a First Appeal dated 22.09.2021. The First Appellate Authority vide order dated 04.10.2021, informed as under:Page 3 of 8
CIC/FSIMU/A/2021/660376 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. Appellant requested the Commission to direct the CPIO to provide complete information sought for and take appropriate legal action against the Respondent.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he is not satisfied with the reply furnished by the Respondent with respect to the instant RTI Application as he is seeking for file notings on the basis of which his previous RTI Application dated 09.02.2021 has been disposed of vide reply dated 07.06.2021. The Appellant further added that as per section 4(c) of the RTI Act, all the relevant files have to be published while formulating important policy and section 4(d) of the RTI Act states that reasons for administrative or quasi-judicial decisions has to be provided to the affected persons.Page 4 of 8
CIC/FSIMU/A/2021/660376 The Respondent submitted that a categorical reply has been furnished to the Appellant on the basis of the available records and as far as Appellant's contention regarding section 4(c) & 4(d) of the RTI Act is concerned, the disposal of Appellant's RTI Application dated 09.02.2021 is not a policy decision and further the decision making process followed in disposal of the RTI Applications is as enumerated in the RTI Act and no other separate internal circular/guideline is there regarding the procedure which has to be followed while disposing of the RTI Applications.
The Appellant interjected and raised dissatisfaction with the above reply of the Respondent and further demanded the instant matter be remanded back to the First Appellate Authority, to which the Respondent submitted that the Appellant may avail the opportunity of inspection of relevant records to which the Appellant affirmatively agreed.
A written submission has been received by the Commission from the Appellant vide letter dated 27.09.2022 and the same has been taken on record.
A written submission has been received by the Commission from Shri. V. Ramnamurthy, CPIO & System Analyst, Fishery Survey of India, vide letter dated 22.09.2022, wherein the Commission has been apprised as under:
Page 5 of 8CIC/FSIMU/A/2021/660376 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the Respondent has furnished a reply to the Appellant with respect to the instant RTI Application within a stipulated time frame, the Appellant has raised dissatisfaction with the same. Further, in order to allay the apprehensions of the Appellant the Respondent has offered to facilitate inspection of relevant records and the Appellant has agreed for the same.
In the light of the submissions made during hearing, the Commission deems it expedient to direct the present CPIO to provide an opportunity to the Appellant to inspect the relevant records as sought in the present RTI Application on a mutually decided date and time duly intimated to the Appellant telephonically and in writing. Copy of documents, if desired, should be provided to the Appellant free of cost up to 25 pages, and beyond those, prescribed fees shall be charged as per the RTI Rules, 2012. The Page 6 of 8 CIC/FSIMU/A/2021/660376 present CPIO is further directed that while complying with the directions of the Commission, all the personal information/identifying particulars of any third parties should be adequately redacted/blackened out. The Commission further directs the present CPIO that no information shall be disclosed to the Appellant which is exempted from disclosure under the provisions of Section 8 and 9 of the RTI Act. The said direction should be complied with, by the CPIO within 45 days from the date of receipt of this order and a compliance report of the same be duly sent to the Commission, enumerating the details of documents inspected and copy of documents provided.
With the above observations, the instant Second Appeal is disposed of. 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: 31.10.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 7 of 8 CIC/FSIMU/A/2021/660376 Addresses of the parties:
1. The First Appellate Authority (FAA) Fishery Survey of India, 2nd Floor, Plot No. 2 A, Unit No. 12, New Fishing Harbour, Sasson Dock, Colaba, Mumbai-400005
2. The Central Public Information Officer Fishery Survey of India, 2nd Floor, Plot No. 2 A, Unit No. 12, New Fishing Harbour, Sasson Dock, Colaba, Mumbai-400005
3. Mr. Ashish Kumar Khare Page 8 of 8