Central Information Commission
Nityananda Das vs Indian Veterinary Research Institute ... on 17 December, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File No. CIC/IVTRI/A/2020/695744
+ 4 other files(As per Annexure)
In the matter of:
Nityananda Das
... Appellant
VS
Central Public Information Officer
RTI Cell, Indian Veterinary Research Institute,
Izatnagar Bareilly UP
...Respondent
Date of Hearing : 16/12/2021 Date of Decision : 16/12/2021 The following were present: Appellant: Not present
Respondent: D.S Bisht, Chief Finance and Accounts Officer and CPIO; Agnivesh, Senior Administrative Officer and CPIO, present over VC File No. CIC/IVTRI/A/2020/695744 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 26/09/2020 20/10/2020 21/10/2020 18/11/2020 10/12/2020 Information Sought:
The appellant has sought the following information regarding Non-practicing Allowance (NPA):
1. Provide the date when the Department of Expenditure, Ministry of Finance Office Memorandum F. No. 12/2/2016-EIII.A dated 07.07.2017 (on the subject : Revision of rates of Non-practicing Allowance, NPA in respect of Veterinary Posts on the basis of the recommendations of the 7th Central Pay Commission) was received by the IVRI Authority, Izatnagar (UP).1
2. Provide the copy of the file noting related to the issuance of IVRI Office Order No.F-62-1/19-E.I dated 30.03.2019.
File no.: CIC/IVTRI/A/2020/690990 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 21/08/2020 17/09/2020 19/09/2020 29/10/2020 30/10/2020 Information Sought:
The appellant has sought the following information:
1. Provide the date when the IVRI received the ICAR endorsement of the Ministry of Finance Order No. 12/2/2016-EIIIA dated 07.07.2017 whereby the benefit of Non-Practicing Allowance (NPA) was made conditional, depending on the fulfilment of four conditions mentioned in the order.
2. Provide the names of the seven Scientists who had been given the benefit of NPA while revising / granting their pension by the IVRI Pension Authorizing unit.
3. (a) Provide the date when the NPA was first introduced for the veterinary scientists working at IVRI, Izatnagar.
(b) Provide a copy of the IVRI Office Order on the basis of which the NPA was first given to the Veterinary Scientists working at IVRI with effect from 01/01/1986.
File No. CIC/IVTRI/A/2020/689929 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 23/07/2020 17/08/2020 27/08/2020 24/09/2020 21/10/2020 Information Sought:
The appellant has sought the following information:
1. Provide the copies of the documents /records (in any form, like a hard copy, audio cassette, etc.) which were provided by the CPIO /FAA, IVRI to the CIC in respect of Case File No. CIC/ICARH/A/2020/600799, (Date of Hearing & Decision: 29/06/2020) that till date only 7 scientists were given NPA benefit and after the Ministry of Finance order in 2017, no one was granted NPA thereafter (as per submission of the concerned CPIO /FAA, IVRI in the CIC).2
File No. CIC/IVTRI/A/2020/683775 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 10/01/2020 16/01/2020 22/02/2020 27/03/2020 31/08/2020 Information Sought:
The appellant has sought the following information:
- Provide the copy of documentary evidence which shows that the IVRI is doing (a) cultivation of Plants and (b) Rearing of life-forms of animals for food, fibre, fuel, raw material, or other similar products or agriculture produce.
File No. CIC/IVTRI/A/2020/669309 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 25/10/2019 04/11/2019 14/11/2019 04/02/2020 29/04/2020 The appellant has sought the following information:
1. Provide the designation of the competent authority at IVRI, Izatnagar who had approved the IVRI letter no. F.23-4583/2017-Pension dated 20.08.2019, related to payment of revised pension (as per recommendation of 7th CPC) without mentioning the rate of Dearness Relief payable to the appellant.
2. Provide the designation of the competent authority at IVRI. Izatnagar who had approved the IVRI letter no. F.23-4583/2017-Pension dated 06.10.2017 related to payment of pension along with fixed rate of Dearness Relief @125% (Rs.53125) w.e.f. 01.09.2017 to the appellant.
3. Provide a copy of the IVRI letter No. 23-1686/2001-Pension dated 10.10.2019, which was written to IGFRI, Jhansi (as mentioned in the CPIO letter No. RTI/2018-19-Finance dated 21.10.2019 issued in response to the RTI application vide Registration No. IVTRI/R/2019/50118).
4. And other related information.
Grounds for filing Second Appeals The CPIO did not provide the desired information.
3Submissions made by Appellant and Respondent during Hearing:
The appellant was not present at the VC Venue despite notice being delivered on 27.11.2021 vide speed post acknowledgment no. ED800811650IN. Therefore, the cases were decided on merits.
The CPIO vide written submissions dated 03.12.2021 submitted that the appellant's act of filing more than 45 applications within a period of 6 months and not inspecting documents when an opportunity was given negates the very purpose of the RTI Act.
File No. CIC/IVTRI/A/2020/695744 Observations:
Both the CPIO and the FAA had denied the information sought in the light of this bench judgment dated 29.06.2020. The matter related to NPA and is in repetition to his previous RTI applications and hence, the Commission finds the reply justified and hence, no action lies.
File no.: CIC/IVTRI/A/2020/690990 Observations:
Both the CPIO and the FAA had denied the information sought in the light of this bench judgment dated 29.06.2020. The matter related to NPA and is in repetition to his previous RTI applications and hence, the Commission finds the reply justified and hence, no action lies.
File No. CIC/IVTRI/A/2020/689929 Observations:
The FAA vide order dated 17.08.2020 denied the information in the light of this bench judgment dated 29.06.2020. The matter related to NPA and is in repetition to his previous RTI applications and hence, the Commission finds the reply justified and hence, no action lies.
File No. CIC/IVTRI/A/2020/683775 Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 16.01.2020 replied to the applicant that the required information is not related to their office which deals only with research related matters. As his query related to GST matters, the concerned CPIO would respond to his query. The RTI cell of the Institute shall forward it to the concerned CPIO for doing the needful.4
The FAA failed to dispose of the first appeal on time. However, vide letter dated 08.12.2021 the FAA submitted a reply providing the link of the website and page number of the Annual report where the requisite information is available. The CPIO Mr Agnivesh submitted that a copy shall be sent to the appellant after the hearing. He could not explain why the FAA failed to dispose of the appeal on time. He also could not explain why a suitable reply was not given on time.
File No. CIC/IVTRI/A/2020/669309 Observations:
The appellant in his second appeal submitted that he is not satisfied with the reply given. Based on a perusal of the record, it was noted that the CPIO vide letter dated 04.11.2019 invited the appellant for inspection of documents. The appellant was not satisfied with the reply and filed a first appeal on 14.11.2019. The FAA vide order dated 04.02.2020 disposed of the first appeal and informed that information desired by the applicant in his various requests/appeals seems to be voluminous. Therefore the applicant was requested to inspect the records personally as per RTI rules. The appellant was not present to explain why he had not availed of the offer for inspection.
Decision:
In view of the above observations, the CPIO and the FAA in respect of case no. File No. CIC/IVTRI/A/2020/683775 are directed to be careful and avoid such delayed replies. The FAA should be vigilant and dispose of first appeals on time to avoid second appeals. The CPIO also could have provided the available information on time by taking assistance u/s 5(4) of the RTI Act. He is directed to send the copy of the reply vide letter dated 08.12.2021 to the appellant within 7 days from the date of receipt of the order.
As far as the rest of the cases are concerned, the CPIOs' replies are accepted and hence no action lies.
The appeals are disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
5
Information Commissioner (सूचना आयु!त)
Authenticated true copy
(अ भ मा णत स या पत त)
A.K. Assija (ऐ.के. असीजा)
Dy. Registrar (उप-पंजीयक)
011- 26182594 /
दनांक / Date
Annexure
S. No. File No.
1. CIC/IVTRI/A/2020/695744
2. CIC/IVTRI/A/2020/690990
3. CIC/IVTRI/A/2020/689929
4. CIC/IVTRI/A/2020/683775
5. CIC/IVTRI/A/2020/669309
6