Central Information Commission
Mrmukesh Kumar Choudhury vs Icar on 14 July, 2015
Central Information Commission, New Delhi
File No. CIC/SH/C/2014/000307
Right to Information Act2005Under Section (18)
Date of hearing : 14th July 2015
Date of decision : 14th July 2015
Name of the Complainant : Sh. Mukesh Kumar Choudhury,
Duplex No.16, PartB, Krishna Township,
B/h. VUDA Flats, Nr. Yash Complex, Gotri,
Vadodara, Gujarat 390021
Name of the Public Authority : Central Public Information Officer,
Central Sheep & Wool Research Institute,
Avikanagar, Tehsil Malpura, ViaJaipur,
Distt Tonk, Rajasthan 304501
The Complainant was present at the NIC Studio, Vadodara.
On behalf of the Respondents, Shri R. A. Sahu, AAO and APIO was present at the
NIC Studio, Tonk.
Information Commissioner : Shri Sharat Sabharwal This matter pertains to an RTI application dated 28.3.2014 filed by the Complainant, seeking information on nine points regarding the laws governing export of CIC/SH/C/2014/000307 sheep from India. The CPIO responded on 16.4.2014 and informed the Complainant that the information was not available with the Central Sheep and Wool Research Institute and that he might contact APEDA and the Department of Animal Husbandry, Dairying and Fisheries, Ministry of Agriculture, New Delhi to obtain the information. The Complainant lodged a complaint with the Commission stating that the CPIO should have transferred his RTI application under Section 6 (3) of the RTI Act.
2. The Complainant stated that the information has not been received by him and reiterated that the CPIO should have transferred his application under Section 6 (3) to the concerned public authorities. The Respondents, on the other hand, referred to the OM No. 10/2/2008IR dated 12.6.2008 issued by the Department of Personnel & Training in support of the reply of the CPIO. It is noted that paragraph 3 (iii) of the above OM reads as follows: "(iii) A person makes an application to a public authority for information, a part of which is available with that public authority and the rest of the information is scattered with more than one other public authorities. In such a case, the PlO of the public authority receiving the application should give information relating to it and advise the applicant to make separate applications to the concerned public authorities for obtaining information from them. If no part of the information sought, is available with it but is scattered with more than one other public authorities, the PlO should inform the CIC/SH/C/2014/000307 applicant that information is not available with the public authority and that the applicant should make separate applications to the concerned public authorities for obtaining information from them. It may be noted that the Act requires the supply of such information only which already exists and is held by the public authority or held under the control of the public authority. It is beyond the scope of the Act for a public authority to create information. Collection of information, parts of which are available with different public authorities, would amount to creation of information which a public authority under the Act is not required to do. At the same time, since the information is not related to any one particular public authority, it is not the case where application should be transferred under subsection (3) of Section 6 of the Act. It is pertinent to note that subsection (3) refers to 'another public authority' and not 'other public authorities'. Use of singular form in the Act in this regard is important to note." It is further noted that the contents of the above paragraph were clarified by the Department of Personnel & Training by a subsequent OM No. 10/2/2008IR dated 1.6.2009.
3. Taking into account the above instructions of the Department of Personnel & Training, we see no ground to fault the reply of the CPIO. The Complainant is at liberty to file separate RTI applications to the public authorities, mentioned in the CPIO's reply dated 16.4.2014.
CIC/SH/C/2014/000307
4. In view of the foregoing, further enquiry into this complaint is not considered necessary.
5. With the above observations, the Complaint is disposed of.
6. Copies of this order be given free of cost to the parties.
Sd/ (Sharat Sabharwal) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar CIC/SH/C/2014/000307