Mr.Aminu Deen vs Ministry Of Agriculture on 11 May, 2011

Central Information Commission
Mr.Aminu Deen vs Ministry Of Agriculture on 11 May, 2011
                       Central Information Commission
            Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                    Bhikaji Cama Place, New Delhi­110066
                   Web: www.cic.gov.in Tel No: 26167931

                                                     Case No. CIC/SS/A/2010/000943

Name of Complainant                :      Dr. Aminu Deen

Name of Respondent                 :      Indian Council of Agricultural Research

Date of Hearing                    :      09.03.2011

                                       ORDER

Dr. Aminu Deen, the appellant has filed this appeal dated 1.10.2010
before the Commission against Indian Council of Agricultural Research (ICAR),
New Delhi, for not providing information to his RTI-request dated 6.7.2010. The
appellant was present in person, whereas the respondents were represented by
Shri Rajesh Ranjan, Director and Shri V.D. Naniwadekar, US.

2. The appellant filed RTI-request dated 6.7.2010 seeking information on
three RTI-queries relating to his disciplinary proceedings. The PIO vide Memo
No. 4-11/2010-Vig(D) dated 26.7.2010 has replied to the appellant to deposit Rs.
36/- towards the cost of 18 pages information relating to Point Nos (i) and (iii) of
the RTI-application; and for Point No. (ii) the matter pertains to Personnel
Division of ICAR. Further, the PIO vide Memo dated 10.8.2010 has informed the
appellant that the matter has become sub-judice, presently the information
sought vide letter dated 6.7.2010 cannot be furnished and the IPO of Rs. 36/-
were returned to the appellant.

3 Aggrieved by the decision of PIO, the appellant preferred first-appeal on
18.8.2010 before the CVO & AA, ICAR, which was not decided by AA, who
upheld the decision of CPIO, vide order No. 4(11)/2010-Vig (D) dated 14.9.2010.

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Case No. CIC/SS/A/2010/000943

4. After hearing the parties and on perusal of the relevant documents on file,
the Commission is of the view that the present case pertains to a service matter
(the appellant has been compulsorily retired), moreover the matter being sub-
judice, is no ground to deny the information unless covered under the exemption
provided u/s 8 of the RTI Act, which has not been done in this case. Therefore,
the Commission deems it fit to direct the PIO to provide Point-wise information to
the appellant within two weeks of receipt of this order.

(Sushma Singh)
Information Commissioner
11.05.2011
Authenticated true copy:

(K.K. Sharma)
OSD & Assistant Registrar

Address of the parties:

Dr. Aminu Deen,
4E 152, Jai Narain Vyas Colony,
Bikaner-334003 (Rajasthan).

The CPIO,
Indian Council of Agricultural Research,
Krishi Bhavan,
New Delhi-110014.

The Appellate Authority,
Indian Council of Agricultural Research,
Krishi Bhavan,
New Delhi-110014.

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