Central Information Commission
Gode Kasi Venkata Dharma Raju Gupta vs Centre For Dna Fingerprinting And ... on 20 September, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/CDFAD/A/2023/130696
Shri Gode Kasi Venkata Dharma Raju Gupta ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Centre for DNA Fingerprinting and
Diagnostics(CDFD)
Date of Hearing : 17.09.2024
Date of Decision : 17.09.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 30.01.2023
PIO replied on : 22.02.2023
First Appeal filed on : 16.03.2023
First Appellate Order on : 18.04.2023
2 Appeal/complaint received on
nd : 30.06.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 30.01.2023 seeking information on following points:-
"I am residing at Bobbili town, Vizianagarma District in AP along with my wife by name Smt. Gode Durga Bhavani alias Jamisetty Durga and my daughter Gode Thanvi Sri I got married with the said Durga Bhavani and after our marriage, we led conjugal life peacefully, as a result, we blessed with one daughter by name Thanvi Sri .But unfortunately some misunderstandings arose in between us, with regarding to the paternity of our child. There upon my wife Smt. Durga Bhavani, filed a maintenance case M.C.No.10/2018 on the file of the 2nd Addl Junior civil judge court, Narasarao peta Guntur District, AP state. Where in I filed a petition Crl. M.P.No. 2759 of 2018, to underwent DNA Test. Accordingly the Honourable court was pleased to order for DNA Test, and thereafter we under went for DNA Test and your good self issued DNA profiling report CDFD/LDFS/2018/4240 with CDFD file. No.4240 dt. 6.12.2018. Now we are living happily along with our daughter. The said case WAS CLOSED AND DISMISED. At this stage at the advise of our elders., the above said DNA report of my daughter Gode Thanvi Sri issued by your good self in M.C.No.10/2018 in Page 1 CrIM.P.No.2759/2018 is necessary to me for my preservation for our future reference.
Therefore, I hereby submit that, please send an authorized copy of DNA profiling report of our daughter by name Gode Thanvi Sri in DNA profiling report No. CDFD/LDFS/2018/4240 dt. 06.12.2018 with CDFD file No.4240 which was send to the Honourbale court of 2nd Addl Junior Civil Judge at Narasarao peta, in Crl .Μ.Ρ.Νο.2759/2018 in MC.No.10/2018."
The CPIO, Centre for DNA Fingerprinting and Diagnostics(CDFD) vide letter dated 22.02.2023 replied as under:-
"The said DNA report was submitted to the Hon'ble Court, who was the forwarding authority in this case. Since the above case may be Sub-Judice, the said report can not be provided without instructions from the Hon'ble Court. The same was also already informed vide an earlier RTI request dated 10.06.2019 and 27.08.2021."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.03.2023. The FAA vide order dated 18.04.2023 stated as under:-
"The undersigned agrees with the response of the CPIO, CDFD, vide Letter No. CDFD/CPIO/RA-336 dated 22.02.2023, and therefore your Appeal made vide application dated 16.03.2023 (S. No. 1 cited under Reference above), is accordingly disposed of.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Dr Varsha, staff scientist &CPIO The CPIO submitted that the DNA test of the appellant's daughter was conducted upon the orders of the Hon'ble Court and subsequently the report was submitted to the Hon'ble Court as directed.
Decision:
Upon the perusal of the case records, the Commission observes that the information sought by the appellant is available in the judicial records of the case filed by the appellant. Thus, the same can be procured from the concerned court by applying for the certified copy of the DNA report.
Keeping in the view of the case no further intervention of the Commission is required in the instant matter. Hence, with the above observation, the second appeal stands disposed off.
Page 2 Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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