RTI Corner

The Appellant filed an RTI application dated 25.05.2021 seeking certain information which was duly replied by the CPIO vide letter dated 25.06.2021. In response to the First Appeal dated 30.08.2021, a reply was furnished by the CPIO to the appellant on 05.11.2021. Before the CIC, the CPIO reiterated the reply provided to the Appellant and submitted that the averred letter(s) are not available in their record. He further submitted that the First Appeal of the Appellant was rejected as time barred. The Appellant alleged that in respect of writ petition filed before the concerned Court, the Respondent office has referred to these letters and therefore he finds the reply of the PIO to be misleading. The CIC observed that the Respondent office has grossly violated the provisions of the RTI Act in as much as the CPIO has adjudicated the First Appeal. Even if the First Appeal under reference was time barred, it was for the FAA to have issued a decision to that effect on the same and not the CPIO. The CIC is rejected the dismissal of the First Appeal and deemed the matter to be a case of non-adjudication of the instant First Appeal. A copy of this order was marked to the FAA to take note of the adverse observations of the Commission and to ensure that such gross lapses do not recur on their part in the future. The CPIO was also warned against exceeding his jurisdiction under the RTI Act in the future.
Comments
The First Appellate Authority has been designated to deal with the First Appeal filed under Section 19(1) of the RTI Act and the CPIO has no jurisdiction to decide upon the maintainability of the first appeal.
Citation: Mahesh Chand Sharma v. Youth Affairs & Sports, CIC/MOYAS/A/2022/103975; Date of Decision: 27/07/2023
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com

Multiple RTI applications were filed seeking information about Prevention of Cruelty to Animals Act, 1960 (59 of 1960) and related data. He submitted that there is no coordination among AWBI, APEDA, FSSAI, CPCB, and Police, because the halal process of slaughtering without stunning, is very cruel, violating IPC 47, 120-B, 188, 268, 289, 428, 429, read with section 3 of the Prevention of Cruelty Act, 1960, and article 51 A(g) of the Indian Constitution. The CPIO replied that the Animal Welfare Board of India has not received any fine amount from any States/UTs as per the provisions of the Prevention of Cruelty to Animals (Application of fines) Rules. 1965 during the last three years. Hence, no information is available with the Board. The CIC observed that the instant matter is a mere extension of the earlier cases filed by the Complainant on the same grievance regarding ill treatment/ alleged cruelty committed on the animals which cannot be redressed under the mandate of RTI Act. Thus, no action is warranted with respect to the replies of the CPIOs’. The Appellant/Complainant was advised to desist from filing repetitive RTI Applications on the same grievance as his future appeals/complaint on the same matter are liable to be summarily dismissed.
Comments
Many public spirited individuals tend to ignore the definition of “Information” as per section 2(f) of the RTI Act and as such, it only burdens the system with multiple RTI applications with no benefit. In some situations, proper drafting of the RTI Application may elicit a response.
Citation: Naresh Kadyan v. Animal Welfare Board of India, Food Products Export Development Authority, Department of Animal Husbandry, Dairying and Fisheries, CIC/AWBIC/C/2022/646924, +/650976, +/662035, +/664500, +/652694, +/652661, +/662113, +/662114; Date of Decision: 21/07/2023
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com