Central Information Commission
Siddharth Joshi vs Cftri,Mysore on 21 June, 2023
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/CFTRI/A/2020/600180
In the matter of:
Siddharth Joshi
... Appellant
VS
CPIO
CSIR-Central Food Technological Res. Institute (CFTRI)
Mysore, Cheluvamba Mansion,
Valmiki Rd, Opp. Railway Museum,
Devaraja Mohalla,
CFTRI Campus,
Kajjihundi, Mysuru,
Karnataka - 570020
...Respondent
RTI application filed on : 27/06/2019 CPIO replied on : 16/10/2019 First appeal filed on : 03/11/2019
First Appellate Authority order : Not on Record Second Appeal filed on : 02/01/2020 Date of Hearing : 01/09/2021,19/06/2023 Date of Decision : 01/09/2021,19/06/2023 The following were present:
Appellant: Heard over phone Respondent: Shri DJN Prasad, Controller & CPIO, heard over phone Information Sought:
The appellant has sought copies of all the reports and Scientific Papers related to the survey in 270 schools of Mysore district conducted during Jan-May 2017, regarding efficacy of Mid-day Meal Scheme. Also include the reports of the schools which have been receiving meals from Akshaya Patra.1
Grounds for filing Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO as the information sought by him was not provided. He also submitted that if he is informed as to who is the holder of the information in the Government of Karnataka, he will approach the concerned authority directly.
The CPIO reiterated the contents of his written submissions where he had stated that the above mentioned study was undertaken on the request by Department of Public Instruction (Mid-day Meal Scheme), Govt. of Karnataka, CFTRI for a pilot study with specific objectives and the report was submitted to Govt. of Karnataka. As this report was sought by the RTI applicant, CFTRI had to take permission from Govt. of Karnataka. However, since no response has been received from them, the information could not be shared with the appellant.
Observations:
From a perusal of the relevant case records, it is noted that the reply of the CPIO is totally incomplete as neither the information has been provided nor the same was denied. The CPIO in his submissions had informed that since no response was received from Govt. of Karnataka, the report could not be shared. This reply is not proper as the denial of any information should be according to the provisions of the RTI Act, receiving no response from the holder cannot be termed as a valid denial. In such a case, the CPIO had to take a final decision as to whether the information was to be denied or to be disclosed.
The other fact which was brought to the notice was that in another RTI application seeking the same information, the appellant was allowed to inspect the records which means, the FAA was willing to disclose the report to the appellant. Under such circumstances, the Commission sees no ground to withhold the information until and unless the CPIO claims any exemption under the relevant provisions of the RTI Act.
During the hearing, the CPIO was asked to explain as to why the information cannot be supplied to the appellant, to which he submitted that till today no 2 response has been received by him from the Government of Karnataka. Now that a long time had passed since the filing of the RTI application and waiting for the response from the concerned organisation, the Commission finds it appropriate to direct the CPIO to send a final letter to the concerned authority seeking their comments on the issue and if within 15 days no response is received from them, the CPIO should provide the desired information to the appellant.
Decision:
In view of the above, the CPIO is directed to seek comments from the concerned authority with regard to the issue of disclosing the information to the appellant and in case of any failure on the part of the concerned authority to give any response, the CPIO is directed to provide the desired information to the appellant within 21 days from the date of receipt of this order. In case of the CPIO receives any written communication from the concerned authority allowing for the sharing of the reports, the same should be forwarded to the appellant within 5 days of its receipt. A final reply should be given to the appellant within 21 days from the date of issuing a letter to the concerned authority and a copy of the final reply should be endorsed to the Commission as well. The CPIO is also directed to inform the appellant as to who is the custodian of the above mentioned Report so that the appellant may take any further action, as per his requirement.
The appeal is disposed of accordingly.
Sd/-
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु!त) Non-Compliance Hearing dated 19/06/2023 The following were present:
Appellant: Not present Respondent: Raghunanandan MV, Principal and CPIO, present over VC Submissions made by Appellant and Respondent during the hearing: Raghunanandan MV, Principal and CPIO submitted that the then CPIO Shri DJN Prasad, Controller & CPIO, superannuated on 31.12.2021. He further 3 submitted that as per record, the CIC order was complied with on 20.10.2021. He also explained that on 21.05.2023 he joined as the CPIO. Observations:
Based on a perusal of the record, it was noted that on 20.10.2021 the then CPIO has provided the report on survey conducted in 270 schools of Mysore District of Mid-day meal scheme to Shri Siddharth Joshi vide e-mail. Decision:
In view of the above observations, it is clear that the order was duly complied with. However, the CPIO had failed to submit a compliance report on time to the Commission. Be that as it may, no further action is required in this case.
The non-compliance case is closed accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
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
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