CENTRAL INFORMATION COMMISSION
Appeal No.2665/ICPB/2008
F.No. PBA/2007/1376
August 12, 2008
In the matter of Right to Information Act, 2005 - Section 19
[Hearing at Puducherry on 25.7.2008 at 3.30 p.m.]
Appellant: Mr. Giri Meher Baba
Public authority: Animal Husbandry & Animal Welfare
Dr. J. Gunaseelan, Joint Director & CPIO
Dr. K. Drishna Mohan, Director & Appellate Authority
Parties Present: For Respondent:
Dr. J. Gunaseelan, Joint Director
Dr. K. Drishna Mohan, Director
Mr. Giri Meher Baba-Appellant
Mr. T.R. Seshaachalam
DECISION
The appellant has sought information under RTI Act by his application dated
4.12.2006 requesting for the copy of the post based roaster in respect of Joint Directors.
The appellant has also asked whether exchange of vacancies between SC/ST is
allowed in respect of Group A posts. The PIO vide letter dated 6.12.2006 has informed
the appellant that the information is not available as it is pertaining to Group A officers.
Not satisfied the appellant preferred appeal on 20.12.2006. The Under Secretary (AH)
has conveyed the decision of the Director vide letter dated 9.2.2007. The first AA has
also denied the information under section 8(1)(j). Aggrieved, the appellant preferred
this appeal before the State Information Commission, which has been transferred to this
Commission as the State Commission was wound up. Comments were called for from
the public authority, which was received on 22.7.2008. A copy of the comments has
also been furnished to the appellant. In the comments, the first AA has stated that
though the PIO has denied the information since the Commission has asked for
comments, he has given point-wise information.
DECISION:
2. This case came up for hearing on 25.7.2008, which was attended by the
concerned officials of the Department. The appellant attended the hearing in person
along with a companion. I have gone through the RTI application and other replies
received in this connection. The parties were heard in detail. During the hearing, the
appellant has stated though he has been given the list the same is incomplete. The PIO
has stated that he will check up and the balance list, if any, he will furnish immediately.
The PIO/AA could have given the reply at the initial stage itself. The information has
been actually provided only on 22.7.2008, which is very much unsatisfactory. As per
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the RTI Act, CPIO and AAs are designated authorities and they have to dispose of the
appeals within 30/45 days. I direct the present AA, viz. Deputy Secretary, Animal
Husbandry in the Chief Secretariat to bring this aspect to the notice of the Secretary,
Animal Husbandry that the RTI applications in the department are not being disposed of
properly. It is also noted most of the applications are filed by Group A officers for which
the Department is not having any information available on account of which they have
transferred the cases to the Secretariat and in most of the cases, there is no disposal at
the first appellate level. As far as this case is concerned since some information has
been given by the AA on 22.7.2008 after collecting it from the Secretariat. The
information has been furnished only after the Commission has called for the comments,
which is not satisfactory. I, therefore, direct the First AA in the Secretariat to take
remedial action in dealing with the RTI matters both in the Department and at
Secretariat level. On the above lines, the appeal is disposed of.
Let a copy of this decision be sent to the appellant and CPIO.
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Dr. J. Gunaseelan, Joint Director (AH) & PIO, Department of Animal Husbandry &
Animal Welfare, Maraimalai Adigal Salai, Puducherry.
2. Dr. K. Drishna Mohan, Director (Animal Husbandry) & First AA, Department of
Animal Husbandry & Animal Welfare, Maraimalai Adigal Salai, Puducherry.
3. The Supdt. (Animal Husbandry) & PIO (Mr. M.Valsaraj), Chief Secretariat,
Government of Puducherry, Puducherry.
4. The Deputy Secretary to Govt.(Animal Husbandry) & AA, Animal Husbandry, Chief
Secretariat, Government of Puducherry, Puducherry.
5. Dr. Giri Meher Baba, Veterinary Assistant Surgeon, Veterinary Dispensary, Bahoor,
Puducherry.
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