Central Information Commission
Mrvikrant Tongad vs Ministry Of Agriculture on 21 August, 2015
Central Information Commission, New Delhi
File No. CIC/SH/C/2014/000320
File No. CIC/SH/C/2014/000440
Right to Information Act2005Under Section (18)
Date of hearing : 21st August 2015
Date of decision : 21st August 2015
Name of the Complainant : Shri Vikrant Tongad,
A93, Sector 36, Greater Noida,
UP 201308
Name of the Public Authority :1. Central Public Information Officer,
Directorate of Plant Protection Quarantine
and Storage, Central Insecticide Board and
Registration Committee
NH IV, Faridabad, Haryana
Central Public Information Officer,
2.
M/o. Agriculture,
Krishi Bhawan, New Delhi.
The Complainant was not present.
On behalf of the Respondents, the following were present in person:
1. Shri M. L. Atal, Under Secretary, Ministry of Agriculture.
2. Dr. Sushil K. Khurana, Consultant, Directorate of Plant Protection Quarantine and Storage.
3. Shri Hariom Miglani, Sr. L. O.
4. Shri N. K. Singh, S. O. Information Commissioner : Shri Sharat Sabharwal CIC/SH/C/2014/000320 These files contain complaints in respect of the RTI applications dated 8.11.2013 and 29.3.2014, filed by the Complainant, seeking information on various issues. Not satisfied with the response of the Respondents, he filed a complaint to the CIC in both the cases.
2. The Complainant was not present in spite of a written notice having been sent to him.
3. With regard to the RTI application dated 8.11.2013 (File No. 320), the Complainant had stated that the CPIO responded on 21.1.2014, i.e. more than thirty days after the filing of the application and demanded photocopying charges of Rs. 32/ to provide information running into 16 pages. This, the Complainant pointed out, was not in keeping with the RTI Act. We are in agreement with him and note that since the information was not provided in thirty days, it should have been provided free of charge under Section 7 (6) of the RTI Act. The Respondents submitted that the information has now been collected and will be sent to the Complainant free of charge at the earliest. In view of the above assurance of the Respondents, we do not consider it necessary to enquire further into this complaint.
4. Regarding the RTI application dated 29.3.2014 (File No. 440), the Complainant had stated that the information was not provided within the mandated period of thirty days and prayed for imposition of penalty on the CPIO. The Respondents stated that the RTI CIC/SH/C/2014/000320 application, which was filed to the Ministry of Agriculture, was forwarded by them to the Directorate of Plant Protection Quarantine and Storage and received by them on 16.4.2014. The representative of the Directorate of Plant Protection Quarantine and Storage stated that since the information sought dated from 1989 onwards, it took some time to gather it and information on two points was provided to the Complainant on 26.7.2014. Point No. 3 of the RTI application was referred to the ICAR, who informed that the information was not available with them and this was conveyed to the Complainant on 12.1.2015. The application has thus been responded to. In so far as the issue of delay in providing information is concerned, there is no ground to establish that it was willful or out of malafide intent. Therefore, we do not consider it a fit case for imposition of penalty on the CPIO. However, at the same time, it is clear that the handling of the RTI application left much to be desired and the sanctity of providing information within a period of thirty days, in keeping with the RTI Act, was not observed. In view of the foregoing, we direct the public authority to put in place a system for regular follow up of the RTI applications received by them, so as to ensure that the same are responded to strictly within the time frame laid down in the RTI Act.
5. With the above direction and observations, the two complaints are disposed of.
CIC/SH/C/2014/000320
6. Copies of this order be given free of cost to the parties. The Registry is directed to forward a copy of this order, besides the usual recipients, to Dr. S. N. Sushil, Plant Protection Adviser, Directorate of Plant Protection Quarantine and Storage.
Sd/
(Sharat Sabharwal)
Information Commissioner
Copy to: Dr. S. N. Sushil,
Plant Protection Adviser,
Directorate of Plant Protection Quarantine
and Storage, Central Insecticide Board
and Registration Committee
NH IV, Faridabad, Haryana
Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar CIC/SH/C/2014/000320