Central Information Commission
Kamal Kumar vs Ut Of Andaman & Nicobar on 9 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/UTOAN/C/2023/123161 and CIC/UTOAN/C/2023/123117.
Kamal Kumar ....निकायतकताग /Complainant
VERSUS
बनाम
R 1. PIO,
The Executive Engineer (Planning),
Port Blair Municipal Council,
Port Blair-744101.
R 2. PIO,
O/o Director, Directorate of Animal
Husbandry, Port Blair, UT of Andaman
& Nicobar. ....प्रनतवािीगण /Respondents
Date of Hearing : 06.08.2024
Date of Decision : 08.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned Complaints have been clubbed together for disposal
through common order as these are based on similar RTI applications of the
same Complainant.
Relevant facts emerging from complaint:
RTI application filed on : 10.04.2023, 11.04.2023
CPIO replied on : Not on record
First appeal filed on : Not on record
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 24.05.2023
CIC/UTOAN/C/2023/123161
Information sought:
The Complainant filed an RTI application dated 10.04.2023 seeking the following information:Page 1 of 6
"a) Provide copy of related law/statute/Guidelines with respect to tackling dog menace in the Andaman Islands,
b) Provide copy of procedures laid down in the Andaman Islands regarding law related to impounding dogs causing menace to the neighbors/society.
c) Provide the copy of ABC programme aimed. at reducing stray dog population density, decrease mating/ maternal/pack aggression in stray dogs. The program involves capture, neutering, and release of stray dogs based on a Standard Operating Procedure (SOP) for animal birth control programs so as to address the issue in a timely, systematic, sustainable mode, Community based Block level or Urban Local Body level.
Management Unit (PBMC) still in vogue as per the direction of Supreme Court of India. Who is the competent authority programme. implement them
d) Provide the copy of the effective implementation of ipso jure provisions of the Animal Birth Control (Dogs) Rules, 2001 for sine qua non sterilization and immunization of the dogs dated 01.07.2021 as required in Andaman and Nicobar islands still in vogue as per the direction of Supreme Court of India. The main focus of the rules is on anti-rabies vaccination of dogs and neutering of stray dogs as means of population stabilization. Who is the competent authority to implement the programme.
e) Provide the copy of to initiate action on animal welfare issues dated 28.06.2021 related to reduce man animal conflict and maintain peace and harmony in the society or area still in vogue as per the direction of Supreme Court of India. Who is the competent authority to implement the programme.
f) Provide copy of list of village wise immunization of dogs with regard to various infections with date, numbers of dogs immunized, gender details name of owner, total number of dogs captured and returned back to locality or to other designated places or to other places or killed in the process previously with head wise details of expenditure incurred in previous 15 years within PBMC Limit. Who is the competent authority to implement the programme.
g) Provide the copy of list of dog's owner to whom license issued with various details of dogs such as License number, breed of dogs, belt number, vaccinization details, colour of dogs, rejected etc. with head Page 2 of 6 wise details of expenditure incurred of previous 15 years within PBMC Limit. Who is the competent authority to implement the programme.
h) Provide the list of the competent authority authorized to issue License in favour of dog's owner within PBMC Limit.
i) Provide the list of the competent authority authorized to pay compensation related to dogs bite and attack with head wise details of expenditure incurred and paid to the victim within PBMC Limit.
j) Provide the details of village wise list of total numbers of untrained, unlicensed, vaccinated and unvaccinated infected dogs within Port Blair Municipal Council Limit with details of name of dog's owner, gender details, License number fireed of dags, belt number, vaccinisation details, color of dogs, killed in the process etc Who is the competent authority to implement the programme .
k) Provide the list of total number of dogs castrated and kept in the custody of Port Blair Municipal Council till they become unhostile with details of name of dog's owner, License number breed of dogs, belt number, vaccinization details, colour of dogs, killed in the process etc. of previous 15 years with head wise details of expenditure incurred within PBMC Limit. Who is the competent authority to implement the programme.
L) Provide the action taken report with respect to letter dated 24/02/2023 addressed to the Secretary, PBMC, Port Blair and also to the Sanitary Officer/Inspector, PBMC, Port Blair submitted vide RD No. 201 dated 24/02/2023 by the applicant.
m) Provide the action taken report with respect to letter dated 10/04/2023 addressed to the Secretary, PBMC, Port Blair by the applicant."
Having not received any response from the CPIO, the complainant failed to file a First Appeal. The FAA's order is not on record.
CIC/UTOAN/C/2023/123117 Information sought:
The Complainant filed an RTI application dated 10.04.2023 seeking the following information:
"a) Provide copy of related law/statute/Guidelines with respect to tackling dog menace in the Andaman Islands, Page 3 of 6
b) Provide copy of procedures laid down in the Andaman Islands regarding law related to impounding dogs causing menace to the neighbors/society.
c) Provide the copy of ABC programme aimed. at reducing stray dog population density, decrease mating/ maternal/pack aggression in stray dogs. The program involves capture, neutering, and release of stray dogs based on a Standard Operating Procedure (SOP) for animal birth control programs so as to address the issue in a timely, systematic, sustainable mode, Community based Block level or Urban Local Body level.
Management Unit (PBMC) still in vogue as per the direction of Supreme Court of India. Who is the competent authority to implement the programme.
d) Provide the copy of the effective implementation of ipso jure provisions of the Animal Birth Control (Dogs) Rules, 2001 for sine qua non sterilization and immunization of the dogs dated 01.07.2021 as required in Andaman and Nicobar islands still in vogue as per the direction of Supreme Court of India. The main focus of the rules is on anti-rabies vaccination of dogs and neutering of stray dogs as means of population stabilization. Who is the competent authority to implement the programme.
e) Provide the copy of to initiate action on animal welfare issues dated 28.06.2021 related to reduce man animal conflict and maintain peace and harmony in the society or area still in vogue as per the direction of Supreme Court of India. Who is the competent authority to implement the programme.
f) Provide copy of list of village wise immunization of dogs with regard to various infections with date, numbers of dogs immunized, gender details name of owner, total number of dogs captured and returned back to locality or to other designated places or to other places or killed in the process previously with head wise details of expenditure incurred in previous 15 years within PBMC Limit. Who is the competent authority to implement the programme.
g) Provide the copy of list of dog's owner to whom license issued with various details of dogs such as License number, breed of dogs, belt number, vaccinization details, colour of dogs, rejected etc. with head wise details of expenditure incurred of previous 15 years within PBMC Limit. Who is the competent authority to implement the programme.
Page 4 of 6h) Provide the list of the competent authority authorized to issue License in favour of dog's owner within PBMC Limit.
i) Provide the list of the competent authority authorized to pay compensation related to dogs bite and attack with head wise details of expenditure incurred and paid to the victim within PBMC Limit.
j) Provide the details of village wise list of total numbers of untrained, unlicensed, vaccinated and unvaccinated infected dogs within Port Blair Municipal Council Limit with details of name of dog's owner, gender details, License number fired of dags, belt number, vaccinisation details, color of dogs, killed in the process etc Who is the competent authority to implement the programme .
k) Provide the list of total number of dogs castrated and kept in the custody of Port Blair Municipal Council till they become unhostile with details of name of dog's owner, License number breed of dogs, belt number, vaccination details, colour of dogs, killed in the process etc. of previous 15 years with head wise details of expenditure incurred within PBMC Limit. Who is the competent authority to implement the programme.
L) Provide the action taken report with respect to letter dated 24/02/2023 addressed to the Secretary, PBMC, Port Blair and also to the Sanitary Officer/Inspector, PBMC, Port Blair submitted vide RD No. 201 dated 24/02/2023 by the applicant.
m) Provide the action taken report with respect to letter dated 10/04/2023 addressed to the Secretary, PBMC, Port Blair by the applicant.
Feeling aggrieved and dissatisfied, complainant directly approached the Commission with the instant Complaints.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Present through video-conference. Respondents: Not present.
Complainant contended that no response has been received from the Respondents by him till date.Page 5 of 6
Respondents remained absent during hearing despite prior intimation.
Decision The Commission, after adverting to the facts and circumstances of the case, hearing the Complainant and perusal of the records, noted that that over a period of more than a year has elapsed and the information sought has not been provided by the respondent. The PIO has neither made any efforts to respond to the RTI applications even upon receipt of hearing notice. Besides, the PIOs did not appear before the Commission despite hearing notice having been served to them. This shows that the PIOs did not have any regard for the RTI Act as well as the Commission. In view of the above, the then PIOs (as on 10/11.04.2023) and the Present PIOs are show caused as to why maximum penalty under Section 20 (1) of the RTI Act should not be imposed against each of them for not providing the information and not appearing before the Commission despite notice. All the written explanations of the PIOs (both present PIO and the then PIO) must reach the Commission within 3 weeks from the date of receipt of this order.
FAA to ensure compliance of the above directions.
The Complaints are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, The Executive Engineer (Planning), Port Blair Municipal Council, Port Blair-744101 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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