Central Information Commission
Naresh Kadyan vs Animal Welfare Board Of India on 30 January, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/AWBIC/C/2024/612859 with
CIC/AWBIC/C/2024/612562,
CIC/AWBIC/C/2024/612387,
CIC/AWBIC/C/2024/611314,
CIC/AWBIC/C/2024/610401, and
CIC/AWBIC/C/2024/611313
Naresh Kadyan .....अपीलकता/Appellant
VERSUS
बनाम
The CPIO .... ितवादीगण /Respondent
Animal Welfare Board of India
(AWBI), Headquarters,
Village-Seekri, Ballabhgarh,
Faridabad, Haryana -121 004
Date of Hearing : 27.01.2026
Date of Decision : 30.01.2026
INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL
Relevant facts emerging from appeal:
Case No. Date of RTI CPIO Reply First appeal dated FAA order Complaint dated
612859 13.01.2024 10.02.2024 13.02.2024 14.03.2024 26.03.2024
612562 08.01.2024 18.01.2024 04.02.2024 14.03.2024 22.03.2024
612387 01.01.2024 18.01.2024 01.02.2024 14.03.2024 21.03.2024
611314 21.12.2023 20.01.2024 20.01.2024 NA 15.03.2024
610401 21.12.2023 20.01.2024 20.01.2024 NA 11.03.2024
611313 26.12.2023 18.01.2024 18.01.2024 NA 15.03.2024
The above-mentioned Complaints have been clubbed together for disposal
through common order as the parties are common and queries raised in the
RTI application are similar in nature.
Page 1 of 17
1. Complaint No.: CIC/AWBIC/C/2024/612859
Information sought:
The Complainant filed an RTI application dated 13.01.02024 seeking the following information:
"Supply under which authority, AWBI asking state Government to constitute State Animal Welfare Board in each state- UT, without delegation powers. Supply if any ordinance issued in past, to comply with court orders, in case of State AW Boards DSPCA and Transportation of animals, restoring 5 freedoms.
Animals are displayed and exhibited, during Republic Day Parade 2024, public entered with ticket, supply all copies of the exemptions during transportation of these performing animals, outside to Delhi, to perform, such as DP standing orders 31 of 2022, 11th and 13th Amendments in Central Motor Vehicle Rules, etc. Complete application with all relevant evidences are attached as ready references."
The CPIO furnished a reply to the complainant on10.02.2024 stating as under:
"The Hon'ble Supreme Court of India in W.P. C No.440 of 2000, Geetha Seshmani Versus Union of India & Others dated 6.8.2008 and in W.P C No.881 of 2014, Gauri Maulekhi Vs Union of India & Ors dated 13.7.2015 has directed all the State Governments to make the State Animal Welfare Board functional at the State level and District Society for Prevention of Cruelty to Animals SPCAs at District level to address animal cruelty matters, to promote animal welfare programmes at the grass root level and to assist AWBI in implementation of the provisions of the Prevention of Cruelty to Animals Act, 1960 and the rules made there-under.
The other information sought is not available with the Board. The CPIO can provide those information which are on record and not supposed to create any document for the purpose of providing information. Hence, the RTI Page 2 of 17 request is not in accordance with the Section 2 f of the RTI Act, 2005."
Being dissatisfied, the complainant filed a First Appeal dated 13.02.2024. The FAA vide its order dated 14.03.2024 stated as under:
"The information communicated by the CPIO is in order. The applicant cannot contest that the information is misleading. The AWBI is not mandated to maintain whatever information sought by any applicant which is not the mandate of AWBI."
Feeling aggrieved and dissatisfied, Complainant approached the Commission with the instant Complaint.
2. Complaint No. CIC/AWBIC/C/2024/612562 Information sought:
The Complainant filed an RTI application dated 08.01.2024 seeking the following information:
"Disappeared Elephant with all other performing animals: Complaint in good faith - Community Policing:
Observations:
All male and female Elephants, and other performing animals, owned by Circuses, Bonafide zoo, as per recognized list of AWBI and CZA, as attached for ready references, these heritage animals are disappeared without any intimation, permission of AWBI and CZA, even violated section 38H of Wildlife Protection Act, 1972, and Performing Rules, 2001, breaching public trust being criminal conspiracy, involving public servants, holding berths in AWBI and CZA. Whereas all animals seem to be dead, disposed off without protocol.
Prayers: Look out notice issued to submit report of their existence: (1) AWBI, to submit status report of all performing animals, with circus. (2) CZA, to submit status report of all Elephants, with circus.Page 3 of 17
(3) WCCB, status report of all performing animals, with circus.
Report within 15 days with complete details of sex and species of animals, restoring their 5 freedoms, with present status, as per Hippo of Asiad circus. Supply complete list and details with species and sex wise, performing animals, with all establishments, including-
(1) Circus recognised at present, with details of animals, describing their skills and compliance of all terms and conditions.
(2) Present status of all performing animals rescued adopted from all establishments including circuses.
(3) Complete list of Circuses registered with AWBI, as per Performing Animal Rules, 1973 with present status of all animals.
(4) Complete list of Circuses registered with AWBI, as per Performing Animal Rules, 2001 with present status of all animals.
(5) Complete list and details of animals died in the premises of all establishments, including circuses."
The CPIO furnished a reply to the complainant on 18.01.2024 stating as under:
"Reply: 1 and 4. The list of circuses registered with the Board is available on the website.
2 and 5 The information sought is not maintained by the Board. 3 There is no circus registered as per Performing Animal Rules, 1973."
Being dissatisfied, the complainant filed a First Appeal dated 04.02.2024. The FAA vide its order dated 14.03.2024 stated as under:
"The information communicated by the CPIO is in order. The applicant cannot contest that the information is misleading. The AWBI is not mandated to maintain whatever information sought by any applicant which is not the mandate of AWBI."Page 4 of 17
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
3. Complaint No.: CIC/AWBIC/C/2024/612387 Information sought:
The complainant filed an RTI application dated 01.01.2024 seeking the following information:
"APEDA has notified the Procedures for grant of Registration Certificate to Integrated Abattoir and Meat Processing Plants vide Document No. APEDA/MPD/Registration/2013 dated 6th December 2013. The Registration Certificate issued by APEDA to the plants states that the operations of the abattoir/plant will have to be in accordance with all statutory requirements/regulations in force. In view of the above, the following para is added after Para 3.11 of the plant registration procedures. 3.12 The operation of the abattoir/plant shall meet all statutory requirements/regulations in force which would also include the following- Export of Raw meat (Chilled/Frozen) (Quality control & Inspection) Rules, 1992 under Export (Quality Control and Inspection) Act, 1963. Slaughter House Rules, 2001 under Prevention of Cruelty to Animals Act, 1960 and all Rules, along with AWBI inspection report as per Rules 2010. FBO licence under The Food Safety and Standards Act, 2006. NoC from Pollution Control Board of respective state under Prevention & Control of Pollution Act 1974 and 1981.
Clearance from the State Administration such as Police, Municipal Commissioner, Divisional Transport Officer, Chief Medical Officer, Chief Veterinary Officer, Water Board, Labour Enforcement Officer etc. Supply all copies of permission, No objection certificate etc as required, stated above, related to:Page 5 of 17
(1) Gazipur Slaughter House. (2) APEDA/227: QURESHI INTL DS MAX FNF CONSORTIUM PVT LTD. (3) Strict compliance of:
(a) Compendium compliance, keeping in view, CWP No. 309 of 2003.
(b) Orders dated 27-8-2013, passed by Supreme Court, in CWP No/ 209 of 2003.
(c) Delhi High Court orders, in W.P. (C) 2316/2017.
(d) Delhi Police standing order No. 31 of 2022
(e) Supreme Court of India, verdict on 5 freedoms for animal, SLP (f) No.11686 of 2007, read with WP (C) No. 23 of 2016
(f) National Green Tribunal OA 214 of 2021, orders passed on the compliance of Inspection Reports: E.A. No. 10/2023.
(g) Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.
(h) Food Safety and Standards Act, 2006.
(j) National Accreditation Board for Certification Bodies - NABCB.
Streamlining of Halal Certification Process for Meat and Meat Products.
(k) Rule 3 of Veterinary Council of India Standard of Professional Conduct, Etiquette and Code of Ethics, for Veterinary Practitioners Regulations, 1992.
(l) Central Motor Vehicles (Eleventh Amendment) Rules, 2015.
(m) Central Motor Vehicle (13th Amendment) Rules, 2016"
The CPIO furnished a reply to the complainant on 18.01.2024 stating as under:
"Reply :- It is informed that this does not come under definition of information under Section 2 f of the RTI Act, 2005."Page 6 of 17
Being dissatisfied, the complainant filed a First Appeal dated 01.02.2024. The FAA vide its order dated 14.03.2024 stated as under:
"The information communicated by the CPIO is in order. The applicant cannot contest that the information is misleading. The AWBI is not mandated to maintain whatever information sought by any applicant which is not the mandate of AWBI."
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
4. Complaint No.: CIC/AWBIC/C/2024/611314 Information sought:
The complainant filed an RTI application dated 21.12.2023 seeking the following information:
"
The core infrastructure elements in a Smart City would include- Adequate water supply, assured electricity supply, Sanitation, including solid waste management, Efficient urban mobility and public transport, Affordable housing, especially for the poor, Robust IT connectivity and Digitalization, Good Governance, especially e Governance and citizen participation, Sustainable environment, Safety and security of citizens, particularly women, children and the elderly, and Health and education. Whereas, Constitutional Bench of Supreme Court of India, upheld judicial advisory related to five freedoms for animals, without treated animals at par with persons, as per article 14 of Indian Constitution, OIPA: Indian People for Animals, along with Scouts and Guides for Animals and Bird, asked under RTI, to supply information, related to animals, 100 Smart Cities, restoring their 5 freedoms, since beginning till date with present status, head wise recurring and non-recurring budget provisions for animal Page 7 of 17 shelter and ambulance services for animals in distress, Similar position in all 62 cantonments.
(1) Land identified and allotment for animals, smooth movement for grazing as charahgah.
(2) Proposal received, processed and decides, Land identified and allotment for animal shelter, to keep them lifetime for treatment, care and shelter, whereas Animal Shelter, means place where stray or street or abandoned animals are kept for adoption or rehabilitation, general treatment while they are ill or injured instead lifetime.
(3) Proposal received, processed and decides, for animal ambulance, and on spot treatment for animals.
(4) Complete list of specie of homeless animals, including dogs and action taken under 100 Smart Cities and 62 cantonments. (5) Complete list of reported cases of dog bites and road accidents, death of victims, either human beings or animals.
(6) Any proposal in pipelines, guidelines and circulars issued, policy decides and implemented, related to animals.
(7) Complete list of complaints lodged, court cases and their present status. (8) Complete list of Animal Welfare Committee, means committee constituted under rules for resolution of the community dog feeding and State Implementation and Monitoring Committee.
Explain Module, means document in writing for dog population management and rabies eradication published and updated by the Board from time to time, which shall serve as the Standard Operating Procedure for Animal Birth Control program for street dogs. Explain Community Animals, means any animal born in a Community for which no ownership has been claimed by any individual or an Organisation, Page 8 of 17 excluding wild animals as defined under the wildlife Protection Act, 1972 (53 of 1972).
Explain classification of animals:
Animals classified for the purpose of rules are as under: (1) Pet animals dogs owned and kept indoor by individuals (2) Street dogs or community owned Indian dogs or abandoned pedigreed dogs which are homeless, living on the street."
The CPIO furnished a reply to the complainant on 20.01.2024 stating as under:
"(1) The Board has issued the advisories dated 02.02.2018 05.03.2018 and 23.02.2021 to all the State Governments and UTs for disclosure of Gochar or grazing land available in each village and make the same available for grazing of cows in respective States. However the Board has not received any information from the States till date. (2) & (3) The grant in aid under the Scheme of Provision for Construction of Shelter House and Scheme for providing ambulance for the animals in distress is available in the website www.awbi.gov.in (4) The information sought is not available with the Board. (5) The information sought is not available with the Board. The same may be obtained from the Ministry of Health and Family Welfare. (6) The guidelines or SOP or Advisory or Circular issued by the Board are available on the website of the Board.
(7) The information sought is not clear. (8) The details of the Animal Welfare Committee constituted for resolution
of the community dog feeding issues is not available with the Board.
With regard to the State Implementation and Monitoring Committee, the States of Gujarat, Goa, Delhi, Haryana, Odisha and Manipur has constituted the Committee as per ABC Rules, 2023.
Page 9 of 17The revised module for the Animal Birth control programme is available in the website."
Being dissatisfied, the complainant filed a First Appeal dated 20.01.2024. The FAA order is not on the record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
5. Complaint No.: CIC/AWBIC/C/2024/610401 Information sought:
The complainant filed an RTI application dated 21.12.2023 seeking the following information:
"The core infrastructure elements in a Smart City would include- Adequate water supply, assured electricity supply, Sanitation, including solid waste management, Efficient urban mobility and public transport, Affordable housing, especially for the poor, Robust IT connectivity and Digitalization, Good Governance, especially e Governance and citizen participation, Sustainable environment, Safety and security of citizens, particularly women, children and the elderly, and Health and education. Whereas, Constitutional Bench of Supreme Court of India, upheld judicial advisory related to five freedoms for animals, without treated animals at par with persons, as per article 14 of Indian Constitution, OIPA: Indian People for Animals, along with Scouts and Guides for Animals and Bird, asked under RTI, to supply information, related to animals, 100 Smart Cities, restoring their 5 freedoms, since beginning till date with present status, head wise recurring and non-recurring budget provisions for animal shelter and ambulance services for animals in distress, Similar position in all 62 cantonments.Page 10 of 17
(1) Land identified and allotment for animals, smooth movement for grazing as charahgah.
(2) Proposal received, processed and decides, Land identified and allotment for animal shelter, to keep them lifetime for treatment, care and shelter, whereas Animal Shelter, means place where stray or street or abandoned animals are kept for adoption or rehabilitation, general treatment while they are ill or injured instead lifetime.
(3) Proposal received, processed and decides, for animal ambulance, and on spot treatment for animals.
(4) Complete list of specie of homeless animals, including dogs and action taken under 100 Smart Cities and 62 cantonments. (5) Complete list of reported cases of dog bites and road accidents, death of victims, either human beings or animals. (6) Any proposal in pipelines, guidelines and circulars issued, policy decides and implemented, related to animals.
(7) Complete list of complaints lodged, court cases and their present status.
(8) Complete list of Animal Welfare Committee, means committee constituted under rules for resolution of the community dog feeding and State Implementation and Monitoring Committee.
Explain Module, means document in writing for dog population management and rabies eradication published and updated by the Board from time to time, which shall serve as the Standard Operating Procedure for Animal Birth Control program for street dogs. Explain Community Animals, means any animal born in a Community for which no ownership has been claimed by any individual or an Page 11 of 17 Organisation, excluding wild animals as defined under the wildlife Protection Act, 1972 (53 of 1972).
Explain classification of animals:
Animals classified for the purpose of rules are as under: (1) Pet animals dogs owned and kept indoor by individuals (2) Street dogs or community owned Indian dogs or abandoned pedigreed dogs which are homeless, living on the street."
The CPIO furnished a reply to the complainant on 20.01.2024 stating as under:
"(1) The Board has issued the advisories dated 02.02.2018 05.03.2018 and 23.02.2021 to all the State Governments and UTs for disclosure of Gochar or grazing land available in each village and make the same available for grazing of cows in respective States. However the Board has not received any information from the States till date. (2) & (3) The grant in aid under the Scheme of Provision for Construction of Shelter House and Scheme for providing ambulance for the animals in distress is available in the website www.awbi.gov.in (4) The information sought is not available with the Board. (5) The information sought is not available with the Board. The same may be obtained from the Ministry of Health and Family Welfare. (6) The guidelines or SOP or Advisory or Circular issued by the Board are available on the website of the Board.
(7) The information sought is not clear. (8) The details of the Animal Welfare Committee constituted for resolution
of the community dog feeding issues is not available with the Board.
With regard to the State Implementation and Monitoring Committee, the States of Gujarat, Goa, Delhi, Haryana, Odisha and Manipur has constituted the Committee as per ABC Rules, 2023.
Page 12 of 17The revised module for the Animal Birth control programme is available in the website."
Being dissatisfied, the complainant filed a First Appeal dated 20.01.2024. The FAA order is not on the record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
6. Complaint No.: CIC/AWBIC/C/2024/611313 Information sought:
The Complainant filed an RTI application dated 26.12.2023 seeking the following information:
"Under RTI, Explain Fundamental duties, which are applicable or not:
It shall be the duty of every citizen of India:
(a)To abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem.
(b)To cherish and follow the noble ideals which inspired our national struggle for freedom.
(c) To uphold and protect the sovereignty, unity, and integrity of India.
(d) To defend the country and render national service when called upon to do so.
(e)To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities, to renounce practices derogatory to the dignity of women.
(f)To value and preserve the rich heritage of our composite culture.
(g)To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
(h)To develop the scientific temper, humanism and the spirit of inquiry and reform.
(i)To safeguard public property and to abjure violence.Page 13 of 17
(j)To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
(k)Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
Keeping in view:
1. Bharatiya Sakshya Adhiniyam, 2023.
2. Bharatiya Nyaya Sanhita, 2023.
3. Bharatiya Nagarik Suraksha Sanhita, 2023.
Whereas, IPC, CrPC and Evidence Act repealed today onwards."
The CPIO furnished a reply to the complainant on 18.01.2024 stating as under:
"The information sought is not available with the Board."
Being dissatisfied, the complainant filed a First Appeal dated 18.01.2024. The FAA order is not on the record Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not Present.
Respondent: Ms. Prachi Jain, CPIO.
7. Proof of having served a copy of Second Appeals on Respondent, while filing the same in CIC, is not available on record.
8. The complainant was not present in the hearing despite the notice having been served.
9. The respondent while defending their case inter alia submitted that the information as available with them on the RTI applications has been furnished to the complainant in time. The respondent CPIO also submitted that the Page 14 of 17 complainant files a large number of RTI Applications on similar subjects as a matter of habit and considerable time and resources if the public authority is consumed in preparing replies on each of such applications.
Decision:
10. The Commission after adverting to the facts and circumstances of the case, hearing the parties present and perusal of the records, notes that the complainant is in the habit of filing endless number of RTI applications before various public authorities, and complaints and second appeals before the Commission. Even in the instant matters, two separate Complaints No.:
CIC/AWBIC/C/2024/611314 and Complaint No.: CIC/AWBIC/C/2024/610401 have been filed against single RTI Application no. AWBIC/R/E/23/00143. The Commission in its earlier order No.CIC/AD/A/2013/001326-SA delivered on 25- 6-2014 in the case of R.C .Jain Vs. DTC, with respect to RTI applications, which are repetitive and harassing in nature, had observed as follows:
"Repetitive use of RTI an ABUSE:
5. The Commission considers this case as the case of repetitive use of RTI Act, assuming the proportion of harassment to the Public Authority and thus, abuse of RTI Act, by a disgruntled employee.
6. The respondent officers made fervent appeals to the Commission that they were compelled to spend most of the time in answering harassingly repeated questions about the same subject matter repeatedly asked from different angles; and about individual officers, whom, the applicant assumed to be responsible for the grievance. The Commission found that the applicant was one of the four disgruntled employees against whom action was taken or their claims were denied.
RTI: Not a rendezvous of disgruntled elements:
7. .... The Commission also noted an atmosphere of fear and worry was spread in the offices and the officers are hesitating to take action against erring staff members for fear of facing flood of questions under RTI. ..... "
Another Bench of the Commission in its earlier order No. CIC/AWBIC/C/2023/628050, dated 11-12-2024 in the matters between the same parties, had observed that:
"The Complainant had filed numerous RTI Applications seeking similar information in his RTI Applications apparently to pressure the Public Authority rather than actual interest in getting the information. This intention of the Page 110 of 111 Complainant militates against the spirit of the RTI Act whose primary objective is providing information to the Page 15 of 17 citizens. It appears that the Complainant has grossly misconceived the idea of exercising his Right to Information as being absolute and unconditional. The approach of the Complainant is against the spirit of the RTI Act and clogging the valuable time and resources of the Public Authorities. The Respondent has pleaded for remedy against repeated and humongous number of RTI applications and Appeals by the same person. In this regard, the Commission invites attention of the parties towards a judgement of the Hon'ble High Court of Kolkata in a case titled Biplab Kumar Chowdhury v. The State of West Bengal & Ors. WPA 3116 of 2022 wherein it was held as under and leave it to the respondent to choose a remedy. "...It appears from the documents annexed to the writ petition that the petitioner's ploy is to collect information under the Right to Information Act and thereafter use the said information to harass the private parties as well as the Municipality for unlawful gain. The conduct of the petitioner appears to be plainly harrassive and mala fide. The averments and allegations made in the writ petition remains unsubstantiated. The writ petition is an abuse of the process of law and liable to be dismissed with costs. The writ petition is accordingly dismissed with costs of Rs. 25,000/-(twenty-five thousand) only to be paid by the petitioner in the office of the West Bengal State Legal Services Authority within September 30, 2022."
In the instant matter as well it is evident from the perusal of records that apart from these 6 complaints, 97 Second Appeals/ Complaint cases of the present complainant are pending before this bench against the same and different Public Authorities. Further, different benches of the Commission have already disposed of a total of 537 second appeal and complaints filed by the complainant against different public authorities. The data is available on the Commission's website.
In view of the above-said observations, the Commission advises the Complainant to make judicious and sensible use of his Right to Information Act in future instead of making it a tool to create undue pressure on the Public Authority. The complainant has also remained absent during the hearing before the Commission on a number of previous occasions. The complainant did not attend this hearing before the Commission to present his case despite the hearing notice having been served, thereby indicating his disinterest in pursuing the matter. Further, upon perusing the replies furnished by the respondent CPIOs against the instant set of RTI applications, it is found that the CPIOs appear to have furnished information in accordance with provisions of the RTI Act and no mala fide on their part is observed. In light of above, no further intervention of the Commission is warranted in the instant cases.
Page 16 of 17The instant set of complaints are disposed of accordingly.
SD/-
SANJEEV KUMAR JINDAL (संजीव कुमार िजंदल) Information Commissioner (सूचना आयु ) date: 30.01.2026 Authenticated true copy (अिभ मािणत स ािपत ित) (Col Prabhat Kumar) Dy Registrar 011- 26107051 Addresses of the Parties:
(1) The CPIO Animal Welfare Board of India (AWBI), Headquarters, Village-Seekri, Ballabhgarh, Faridabad, Haryana -121 004 (2) Shri Naresh Kadyan Page 17 of 17 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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