Central Information Commission
CIC/AD/A/2009/001481
Dated 8th March, 2010
Adjunct to the Order in the Case No.CIC//AD/A/2009/001481
dated 27.11.09 in the case of
Mr. Vinod Kumar Damodar
v/s.
Animal Welfare Division
Hearing was held on 8th March, 2010
Background
1. The Order given by the Commission on 27.11.09 in the above case is as
follows:
i) The Commission after hearing the submission of the respondents
directs
a) CPIO, AWD to provide supporting documents with regard to
point (3) of the RTI application and also against point (5).
b) CPIO, AWB to provide any further information if available on
record against point (8) of the RTI application. If not, the
Appellant to be informed about its non availability. Information
against point (5) also to be provided.
ii) The information should reach the applicant by 27.12.09.
iii) The Appellant is directed to submit a compliance report to the
Commission by 4.1.10.
iv) The Commission also observed that the designated CPIO in the instant
case is of the rank of Section Officer. The Commission under the
authority vested u/s 25(5) of the RTI Act directs the Secretary,
Ministry of Environment & Forests to ensure that only those officers
who are not below the rank of Under Secretary as CPIO. The name and
designation of the new CPIOs may be intimated to the Commission by
18.12.09.
2. The Applicant complained that the decision of the Commission was not
complied with.
3. The Appellant was not present during the hearing.
4. Mr. O.P. Joshi, Under Secretary, AWD cum CPIO, Mr.R.C. Joshi, Asst.,AWD,
Mr. P.K. Mandal, Asst.,AWD and Mr.R.B. Choudhary, Asst. Secy.. AWBI
represented the Public Authority.
5. The Respondent from the AWF produced before the Commission his reply
dated 14.12.09 which was furnished to the Appellant in compliance with the
Commission’s order. However, in respect of point 5 he replied that the
question does not relate to the AWBI and that the reply has to be furnished
by the CPIO, AWD. He provided information with regard to point 8. The
Respondent from AWD informed the Commission that on receipt of the letter
dated 14.12.09 from AWBI the matter was taken up by the Joint Secretary
with the Chairman, AWB in which he informed the Chairman that the
Secretary AWB was requested to comply with the direction of the
Commission’s order in the letter dated 30.11.09 and to provide requisite
information to the Appellant. However, the Secretary AWBI once again
referred the point 5 back to the CPIO, AWD and as the matter is related to
AWBI, the Ministry once again requested to Secretary to provide the
requisite information and to send the proof of dispatch of information to the
Appellant, to the Ministry. In response to this letter, the Secretary, AWB
provided some information on 23.03.08 to the Appellant. However he
inadvertently provided the wrong information related to some other matter.
Subsequently on receipt of the Commission’s notice for hearing on 08.03.10
in the matter of noncompliance, the Joint secretary requested the Chairman
of the Animal Welfare Board for his personal intervention in this regard and to
direct the Secretary AWBI to provide the information to the Appellant. The
Respondent from AWBI stated that the information sought ultimately was
provided on 27.02.08. The Commission after having noted that the relevant
information furnished to the Appellant, directs Mr. R.B. Chowdhury,
ACPIO, AWBI to show cause as to why penalty of Rs.250/- per day should
not be imposed upon him for not providing the information within the
stipulated period. The response should reach the Commission by 5 April,
2010.
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Shri Vinod Kumar Damodar
Member Royal SPCA
Breeze 5/2750 A
Calicut, Kerala
2. The CPIO
M/o Environment & Forests
Animal Welfare Division
Jeevan Prakash Bldg.
25, Kasturba Gandhi Marg
New Delhi 110 001
3. Shri D.Rajasekar
The CPIO & Secretary
Animal Welfare Board of India
13/1 Third Seaward Road
Valmiki Nagar
Thiruvanmiyur
Chennai 600 041
4. Mr. R.B. Chowdhury, Asstt. Secretary
Animal Welfare Board of India
13/1 Third Seaward Road
Valmiki Nagar
Thiruvanmiyur
Chennai 600 041
5. Officer in charge, NIC
6. Press E Group, CIC