M. HAROON SIDDIQUI Vs. CENTRAL PUBLIC INFORMATION OFFICER, M/O AGRICULTURE, DEPARTMENT OF AGRICULTURE AND COOPERATION

JUDGEMENT

(1.) THIS matter pertains to an RTI application dated 31.12.2013 filed by the Complainant, seeking information on fourteen points. The CPIO responded on 7.3.2014 and stated that, as informed earlier, the first bye -laws of IFFCO registered in 1967 were not available in the office of the Respondents. She further stated that as per the records of the office, registration records pertaining to IFFCO were available from the year 1975 onwards. Not satisfied with the response of the CPIO, the Complainant filed an appeal to the First Appellate Authority on 18.3.2014. In his response dated 21.4.2014, the FAA stated that the CPIO had already furnished the information to the Complainant vide her letter dated 7.3.2014. The Complainant filed a complaint dated 28.4.2014 to the CIC, which was received by the Commission on 5.5.2014. In it, he prayed for an enquiry by the Commission, including inspection of all files, direction to the CPIO to provide complete and comprehensive information on each of the fourteen queries free of cost, imposition of penalty on the CPIO under Section 20 of the RTI Act, disciplinary action against the CPIO and award of compensation of Rs. 20,000/ - to the Complainant.

(2.) THE Complainant submitted that through an earlier communication to the Respondents, he had sought copies of the following documents: (a) application of registration of first bye -laws of IFFCO in the year 1967 and (b) bye -laws of IFFCO of the year 1967 and subsequent amended bye -laws. He was informed by the CPIO vide her letter dated 29.11.2013 that the above documents were not traceable. Accordingly, in his RTI application dated 31.12.2013, he raised fourteen queries in regard to the whereabouts of the above documents. The Complainant further submitted that instead of providing the information in response to his fourteen queries, the CPIO gave a sweeping and vague response.

(3.) THE Respondents submitted that the records relating to IFFCO were originally not with them and were transferred to them from the Department of Fertilizers (Ministry of Chemicals and Fertilizers) and the National Cooperative Development Corporation (NCDC). The records concerning IFFCO available with them are for the years 1975 onwards. Records pertaining to the previous years are not traceable/available with them. Therefore, despite their best efforts, they have not been able to trace out the documents for the year 1967, whose copies are sought by the Complainant.