Business Standard: New Delhi: Saturday,
January 28, 2017.
Delhi High
Court has upheld a Rs 25,000 fine imposed by CIC on a central public
information officer (CPIO) of the Indian Council of Agricultural Research
(ICAR) for not providing information sought by an applicant under the Right to
Information Act.
After
perusing the replies given by the CPIO, Justice Sanjeev Sachdeva said the
Central Information Commission (CIC) "has not erred" and "cannot
be faulted" for coming to the conclusion that the information sought was
not provided.
The court
said, "The response to the various queries (that) 'it is an institute
matter', neither answers the queries, nor renders an explanation claiming
exemption from providing information."
"It is
apparent that the petitioner (CPIO) has not responded to the queries raised by
the respondent (RTI applicant). The response given by the petitioner 'it is an
institute matter' does not convey any meaning to the applicant," the judge
said while disposing of the CPIO's plea.
CPIO B B Dash
had moved the court for expunging the remarks made against him by CIC in its
order of November 22, 2016 and the fine of Rs 25,000 imposed on him.
His lawyer
urged the court to grant the relief as the petitioner was going to retire at
the end of this month and the remarks in the order would affect his service
record.
However, the
court said, "Perusal of the impugned order shows that CIC has not erred in
returning a finding that information sought has not been provided to the
respondent No.2 (RTI applicant).
"Thus,
the order of CIC dated November 22, 2016 cannot be faulted. In view of the
above, I find no merit in the petition. The petition is, accordingly,
dismissed."
The RTI
applicant had sought various information including the cost incurred by ICAR on
diagnostic kits for Foot and Mouth Disease and the reply given by CPIO Dash to
a majority of the queries was "it is an institute matter".
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