Central Information Commission
Sukanya Berwal vs Ut Of Andaman & Nicobar on 30 March, 2026
CIC/UTOAN/C/2024/654094
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/UTOAN/C/2024/654094
Sukanya Berwal ...िशकायतकता/Complainant
VERSUS
बनाम
CPIO: Department of
Environment & Forest (A & N ... ितवादीगण /Respondents
Administration), Port Blair. (A. &
N.I.).
Relevant dates emerging from the complaint:
RTI : 16.09.2024 FA : Nil. Complaint : Nil.
CPIO : Not on record FAO : Not on record Hearing : 10.03.2026
Date of Decision: 24.03.2026
CORAM:
Hon'ble Commissioner
Shri P R Ramesh
ORDER
1. The Complainant filed an RTI application dated 16.09.2024 seeking information on the following points:
(1) Every State Government shall by notification in the Official Gazette, establish, as soon as may be and in any event within six months from the date of commencement of these rules, a society for every district in the State to be the SPCA in that district.Page 1 of 8
CIC/UTOAN/C/2024/654094 Provided that any society for Prevention of Cruelty to Animals functioning in any district on the date of commencement of these rules shall continue to discharge its functions till establishment of the SPCA in that district under these rules.
1. Supply complete list of Districts, confirming 4, along with establishments of 4 DSPCAs, as per Rule 3 of the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.
2. Supply complete details and list of Infirmaries, established and functioning, all around 4 District Head Quarters, as per section 35 of the Prevention of Cruelty to Animals Act, 1960.
if you avoid unnecessary litigations the supply all efforts, you have done to implement as Delhi has 11 Administrative District, due to our efforts and tireless services, Delhi Administration compelled to obey.
2. Having not received any response from the CPIO, the Complainant filed a First Appeal on Nil. FAA's order, if any, is not available on record.
3. Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint dated Nil.
Facts emerging in Course of Hearing:
Complainant: Not present Respondent: Not present
4. A written submission 09.03.2026 has been received from Shri. S.K Thomas, PIO/Conservator of Forests (Headquarters) and same has bene taken on record for perusal. The relevant extract whereof is as under:
Page 2 of 8CIC/UTOAN/C/2024/654094 Shri. S.K Thomas presently holding the post of Conservator of Forests (Headquarters), and designated as the public Information Officer under the Right to Information Act, 2005 in respect of the Office of the Principal Chief Conservator of Forests (ANI), Department of Environment & Forests, Andaman and Nicobar Islands, do hereby submit that I have read and understood the contents of the Appeal and most respectfully sheweth as under:
That the instant matter is regarding the notice of hearing for Appeal/Complaint received from CIC vide letter dated nil, under the RTI Act, 2005 addressed to CPIO, DCF(P&M), 0/0 PCCF(ANI), Van sadan Vs Sukanya Berwal, R/o Delhi.
That the Appellant Sukanya Berwal, R/o Delhi vide letter dated 16.09.2026 filed an Appeal under the RTI Act, 2005 to the Hon'ble Chief Information Commissioner being aggrieved for not providing the information by the PIO and hence this Appeal.
The instant RTI appeal was filed against the respondent Deputy Conservator of Forest (P&M), Office of PCCF's Office, Van Sadan and A&NIs Forest Plantation Development Corporation, Department of Environment and Forest. In this regard, it is to mention here that the original RTI application filed by the Applicant has neither received to the Office of DCF(P&M), Department of Environment and Forests, Van Sadan nor to the Office ANIFPDCL That kind attention is invited on the original RTI application attached along with the notice of appeal vide letter dated 12.02.2026 by CIC, which is addressed to Andaman Nicobar Islands Forecast Plantation Development Corporation, Port Dlair vide No ANIFPC/R/R/24/00039 dated nil (Annexure -I). In this regard, it is to mention here that the Andaman Nicobar Islande Forest Plantation Development Corporation, Port Blair, has been closed on by MoEF&CC, Government of India vide Office letter Page 3 of 8 CIC/UTOAN/C/2024/654094 No... 2-6/2017-SU dated 24.08.2017 and hence there is no CPIO in respect of ANIFPDCL (Aunchure -II) Further to mention here that the RTI application in his original application requested for the following documents:
1. Supply complete list of all UT's Districts, alongwith establishments of DSPCAs, as per Rule 3 of the Prevention of Cruelty of Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.
2. Supply complete details and list of Infirmaries, established and functioning, all around each District Head Quarters, as per section 35 of the Prevention of Cruelty to Animals Act, 1960, all around Union Territories in India.
That A&N Islands is having three districts namely South Andaman, North & Middle Andaman and Nicobar District. The cach district of A&N Island have been constituted with the District Society For Prevention of Cruelty to Animals by the Deputy Commissioner of the concerned district. In this regard, may kindly peruse the DONCA constituted by South Andaman District vide O/o No. 199 dated 26.02.2026 (Annexure -III).
Hence, the issue of the instant Appeal is not pertaining to neither to the Department of Environment & Forests nor to the ANIFPDCL LTD.
In view of the above the details to the Chief Information Commissioner is submitted with the following prayer.
1. The instant Appeal is not pertaining to the Department of Environment & Forests, Andaman & Nicobar Islands and hence the Hon'ble CIC may kindly Page 4 of 8 CIC/UTOAN/C/2024/654094 exempt the CPIO of Environment & Forests, Van Sadan for personal appearance/ video conference on 10.03.2026.
2. The instant appeal is not pertaining to the Andaman & Nicobar Islands Forest Plantation Corporation Ltd, Andaman & Nicobar Island and hence the Hon'ble CIC may kindly exempt the CPIO of the Andaman & Nicobar Islands Forest Plantation Corporation Ltd (not in existence as on date), for personal appearance/video conference on 10.03.2026.
3. The matter pertains to the Deputy Commissioner of South Andaman District, North & Middle Andaman District and Nicobar District, the Hon'ble CIC may take appropriate decision as deemed fit and proper.
Decision:
5. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observed that in the written submission as received from the Shri. S.K Thomas, PIO/Conservator of Forests (Headquarters) it has been mentioned that that the Andaman Nicobar Island Forest Plantation Development Corporation, Port Blair, has been closed on by MoEF&CC, Government of India vide Office letter No... 2-6/2017-SU dated 24.08.2017 and hence there is no CPIO in respect of ANIFPDCL. It is noted that the instant RTI Application was filed with Andaman Nicobar Island Forest Plantation Development Corporation, Port Blair which has been closed. Therefore, no malafide can be ascribed over the conduct of the Respondent and thus, no penal action is warranted in the matter.
6. Commission further observes that the Complainant has chosen to approach the Commission with a Complaint under Section 18 of the RTI Act wherein the Commission is required to examine whether there was any deliberate denial of information by the public authority. It is worthwhile to place reliance on the judgment of the Hon'ble Supreme Court of India in the case of Chief Information Commissioner and Another v.Page 5 of 8
CIC/UTOAN/C/2024/654094 State of Manipur and Anr. in Civil Appeal Nos. 10787-10788 of 2011 dated 12.12.2011, relevant extract whereof is as under:
"...28. The question which falls for decision in this case is the jurisdiction, if any, of the Information Commissioner under Section 18 in directing disclosure of information. In the impugned judgment of the Division Bench, the High Court held that the Chief Information Commissioner acted beyond his jurisdiction by passing the impugned decision dated 30th May, 2007 and 14th August, 2007. The Division Bench also held that under Section 18 of the Act the State Information Commissioner is not empowered to pass a direction to the State Information Officer for furnishing the information sought for by the complainant."
"30. It has been contended before us by the Respondent that under Section 18 of the Act the Central Information Commission or the State Information Commission has no power to provide access to the information which has been requested for by any person but which has been denied to him. The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20. However, before such order is passed the Commissioner must be satisfied that the conduct of the Information Officer was not bona fide."
31. We uphold the said contention and do not find any error in the impugned judgment of the High court whereby it has been held that the Commissioner while entertaining a complaint under Section 18 of the said Act has no jurisdiction to pass an order providing for access to the information."
Page 6 of 8CIC/UTOAN/C/2024/654094 "37. We are of the view that Sections 18 and 19 of the Act serve two different purposes and lay down two different procedures and they provide two different remedies. One cannot be a Substitute for the other...."
7. Thus, the limited point to be adjudicated in complaint u/s 18 of RTI Act is whether the information was denied intentionally.
8. In the light of the above observations, the Commission is of the view that there is no malafide denial of information and hence no action is warranted under section 18 and 20 of the Act. No further action lies. The complaint is disposed of accordingly.
Copy of the decision be provided free of cost to the parties.
(P R Ramesh) (पी. आर. रमेश) Information Commissioner (सूचना आयु ) Authenticated true copy Vivek Agarwal (िववेक अ वाल) Dy. Registrar (उप पंजीयक) 011-26107048 Addresses of the parties:
1. CPIO under RTI, Deputy Conservator of Forests (Planning & Monitoring), Department of Environment & Forest (A & N Administration), Office of the PCCF Van Sadan, Haddo, Port-Blair-744102 (A. & N.I.).
2. CPIO under RTI, A. & N. Islands Forest & Plantation Development Corp.Page 7 of 8
CIC/UTOAN/C/2024/654094 Ltd., Dept. of Environment & Forest (A & N Administration), Vanvikas Bhavan, P.O.-Heddo, Port Blair-744101 (A. & N.I.).
3 Sukanya Berwal Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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