Central Information Commission
Malti vs Department Of Animal Husbandry, ... on 7 November, 2022
CIC/DOAHD/A/2021/125709
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/DOAHD/A/2021/125709
In the matter of:
Malti ... अपीलकता/Appellant
VERSUS
बनाम
1. CPIO, ... ितवादीगण /Respondent
Department of Animal Husbandry,
Dairying and Fisheries,
Krishi Bhawan, Rafi Ahmed,
Central Secretariat,
New Delhi-110001
2. CPIO,
Animal Welfare Board of India
42 KM Stone, Delhi- Agra
Highway (NH-2), Ballabhgarh,
Faridabad, Haryana-121004
Relevant dates emerging from the appeal:
RTI Application filed on : 19.12.2020
CPIO replied on : Not on Record
First Appeal filed on : 23.03.2021
First Appellate Authority order : Not on Record
Second Appeal received on : 01.07.2021
Date of Hearing : 29.09.2022
The following were present:
Appellant: Absent (Despite being served the hearing notice)
Page 1 of 6
CIC/DOAHD/A/2021/125709
Respondent: Shri. Narender Kumar, Under Secretary & CPIO, Department
of Animal Husbandry, Dairying and Fisheries, & Smt. Prachi Jain, CPIO &
Assistant Secretary, Animal Welfare Board of India, participated in the
hearing in person
ORDER
Information sought:
The Appellant filed an online RTI Application dated 19.12.2020 seeking information on the following three points:
1) "Please provide daily progress report on letter no.- F.No-
HCFSA/2020/ 20201016 M.P./COMP/040 Dated:- 16-10-2020 Complaint regarding Contempt of ABC Rules and Regulations by ABC unit, Birla Nagar Bridge Gwalior, operating under Dr O.P.Gupta dominion, sent by email Honble Minister Fisheries, Animal Husbandry and Dairying Central Secretariat, New Delhi, Delhi 110001, in tabular form. Please give the copy of necessary directions given due to this letter ( [email protected] )
2) Female dogs are typically sterilized in one of two surgical ways please provide the information of Which type of method is using in surgery during sterilization last since 5 years. Please give the copy of necessary directions given due to this letter ( [email protected] )
3) Please Provide the copy of New updated ABC guidelines for in India. Please give the copy of necessary directions given due to this letter ([email protected] )"
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 23.03.2021, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of non- receipt of information from the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.Page 2 of 6
CIC/DOAHD/A/2021/125709 Submissions made by Appellant and Respondent during Hearing:
The Appellant did not participate in the hearing despite being served the hearing notice.
The Respondent submitted that instant RTI Application has been transferred to Animal Welfare Board of India on 11.01.2021, who furnished a reply to the Appellant vide letter dated 06.02.2021 enclosing a letter dated 19.10.2020. The contents of the reply dated 06.02.2021 are as under:
The contents of the letter dated 19.10.2020 as enclosed with the above reply are as under:Page 3 of 6
CIC/DOAHD/A/2021/125709 The Commission further queried the CPIO - Department of Animal Husbandry, Dairying and Fisheries, regarding the delay in the transferring the instant RTI Application, to which the Respondent submitted that he was hospitalized due to COVID at that point of time and therefore could not attend the instant RTI Application within a stipulated time frame.
The Commission further queried the Respondent regarding the status of first appeal to which the Respondent submitted that the First Appeal has been adjudicated on 26.04.2021 and the contents of the same are as under:
A written submission has been received by the Commission from Dr S.K. Dutta, Secrtarty /AA ,Animal Welfare Board of India, Haryana vide letter dated 19.09.2022, wherein the Commission has been apprised as under:Page 4 of 6
CIC/DOAHD/A/2021/125709 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Respondent No.2 has furnished an adequate reply to the Appellant within a stipulated time frame. However, there has been a delay in transferring the instant RTI Application to the concerned section/department, for which the Respondent No.1 has furnished an adequate explanation, so the Commission deems it fit to condone the same. Moreover, the Appellant did not participate in the hearing to buttress her case. Hence, the Commission finds no further scope of intervention in the instant matter.
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: 07.11.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/DOAHD/A/2021/125709 Addresses of the parties:
1. The First Appellate Authority (FAA) Animal welfare Board of India 3rd Seaward Rd, Valmiki Nagar, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai, Tamil Nadu -600041
2. The Central Public Information Officer Department of Animal Husbandry, Dairying and Fisheries, Krishi Bhawan, Rafi Ahmed Kidwai Marg, Rajpath Area, Central Secretariat, New Delhi-110001
3. The Central Public Information Officer, Animal Welfare of India 42 KM Stone, Delhi- Agra Highway (NH-2), Ballabhgarh, Faridabad, Haryana-121004
3. Ms. Malti Page 6 of 6