Having heard both the parties, the Commission notes that the CPIO reiterated the same answer in his RTI reply, in first appeal and also before this Commission. If the office of public authority has shifted to a comfortable premises, that should have provided enough scope and reason for organizing files but not to lose the files. The repeated answer of "files not traceable" is reflecting disorganization, and it is not acceptable in an RTI regime. There is no point in reiterating the same without implementing the direction of the First Appellate Authority. Because of this attitude of CPIO the Commission is forced to take up the job of getting FAA order implemented.
9. The Public Authority has to own the responsibility for this kind of disorganization of files. The Complainant was kept waiting in bewildered belief that wild life files would be traced as promised. But it was an endless wait for him even after he approached the CIC in second appeal. He has to come all the way from Hyderabad to emphasize the need for information and present his arguments for information before the CIC. The core function of the department is to conserve forest, secure wild life and also preserve the files regarding those functions. Losing them and not expediting the process of tracing and providing that information is not proper on the part of public authority. It has infringed the right to information of the community and the planned legal action for preservation of wildlife and tribal rights kept pending with endless wait.
Central Information Commission
Mrd Suresh Kumar vs Ministry Of Environment & Forests on 17 September, 2015
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar) Information Commissioner CIC/SA/A/2015/000298
The Appellant Mr. D. Suresh Kumar filed a RTI application to Wildlife Division, Ministry of Environment and Forests on 15.10.2014 seeking detailed information pertaining to Papikonda Wildlife Sanctuary and its denotification for Indira Sagar Polavaram Project.
The information points sought are:
i) Certified copy of proposal sent by State government of Andhra Pradesh, seeking recommendation of NBWL for diversion of certain part of Papikonda Wildlife Sanctuary for Indira Sagar Polavaram Project.
ii) Certified copies of all file notings relating to order of NBWL recommending the diversion of Papikonda Wildlife Sanctuary for Indira Sagar Polavaram Project.
iii) Certified copies of all note sheets relating to order of NBWL recommending the diversion of Papikonda Wildlife Sanctuary for Indira Sagar Polavaram Project.
iv) Certified copies of all meeting of NBWL with regard to diversion of Papikonda Wildlife Sanctuary for Indira Sagar Polavaram Project.
v) Certified copy of all meeting minutes of standing committee and other committees of NBWL which have discussed Indira Sagar Polavaram Project.
vi) Certified copy of site inspection report of standing committee of NBWL with regard to Indira Sagar Polavaram Project.
vii) Certified copy of Central Empowered Committees (CECs) report on Indira Sagar Polavaram Project.
viii) Certified copy of the order of NBWL recommending diversion of certain part of Papikonda Wildlife Sanctuary for Indira Sagar Polavaram Project.
ix) Certified copy of the order of Supreme Court of India approving the dereservation/de notification of Papikonda Wildlife Sanctuary.
x) Certified copy of Geographical map of Papikonda Wildlife Sanctuary, along with GPS coordinates, before it was proposed for diversion for Indira Sagar Polavaram Project.
xi) Certified copy of notification issued by state government of AP notifying Papikonda Wildlife Sanctuary.
xii) Certified copy of Geographical map of proposed Papikonda National Park, along with GPS coordinates.
3. The reply dated 11th November 2014 from CPIO through the online RTI portal says, "the requested information is not traceable/mixed with other files in the record room during the shifting the Ministry from CGO complex to New Building. As soon as the file is traced out, information would be provided to you".
4. Public Information Officer responded to his application stating information sought is not traceable in the Ministry due to shifting of the office. Aggrieved by this reply, appellant has filed the 1st Appeal on 15.11.2014. The First Appellate Authority felt that though there was response in time, no information was given and there was no denial of information too. The CPIO informed the FAA that the file will be traced and information will be given. FAA ordered information to be given free of cost, as it was delayed. Some of the information could be given by the Andhra Pradesh Government also, hence the FAA directed the CPIO to transfer the RTI application to that extent to Government of Andhra Pradesh. Proceedings Before the Commission:
5. Though the First Appellate Authority was positive in directing information to be given without charging cost due to delay, he did not prescribe any time limit. Aggrieved by non specific direction and noncompliance of even such direction, the appellant approached the Commission.
6. In order to implement the Right to Information Act, 2005, the First Appellate Authority is expected to pass an order based on the facts and conclusions with specificity and time frame, without which the whole exercise of first appeal would become futile, and purpose of law will be defeated. The FAA recognized rights of the information seeker but did nothing that resulted in violation of right to information. it is the legitimate expectation of the people that designated senior officers would act objectively and secure the rightful information to the applicants.
7. Appellant submitted to the Commission that he has not received the information till date. The representative of Public Authority Mr. Rajasekhar explained that because of the shifting of office, records of wildlife clearance granted to Poalvaram project were not traceable initially. However, he revealed that the files were traced and assured to send the information to the applicant within a week.
8. Having heard both the parties, the Commission notes that the CPIO reiterated the same answer in his RTI reply, in first appeal and also before this Commission. If the office of public authority has shifted to a comfortable premises, that should have provided enough scope and reason for organizing files but not to lose the files. The repeated answer of "files not traceable" is reflecting disorganization, and it is not acceptable in an RTI regime. There is no point in reiterating the same without implementing the direction of the First Appellate Authority. Because of this attitude of CPIO the Commission is forced to take up the job of getting FAA order implemented.
9. The Public Authority has to own the responsibility for this kind of disorganization of files. The Complainant was kept waiting in bewildered belief that wild life files would be traced as promised. But it was an endless wait for him even after he approached the CIC in second appeal. He has to come all the way from Hyderabad to emphasize the need for information and present his arguments for information before the CIC. The core function of the department is to conserve forest, secure wild life and also preserve the files regarding those functions. Losing them and not expediting the process of tracing and providing that information is not proper on the part of public authority. It has infringed the right to information of the community and the planned legal action for preservation of wildlife and tribal rights kept pending with endless wait.
10. It is a peculiar situation. Even after getting a favourable order in first appeal, the appellant is compelled to come in second appeal because of its nonimplementation besides not informing about the possibility of its implementation. The Commission finds it a deserving situation to compensate the appellant who is filing RTI application in public interest, and award compensation of Rs.15,000/ for causing loss and harassment by unreasonable and illegal claim of nontraceability of records, which is being used as shield to stall Right to Information of the appellants.
11. The Commission directs the Public Authority and Government of Andhra Pradesh to furnish the appellant the certified copies of complete documents relating to Wildlife Clearance granted Indira Sagar Polavaram Project including correspondence and file notings within 15 days from the date of receipt of this order.
12. The Public Authority (Ministry of Environment & Forests, Wildlife Division) shall pay Rs 15,000/ (Fifteen Thousand Only) within one month from the date of receipt of this order and intimate the Commission the compliance of the same. The Appellant is having every right to approach the Commission with a complaint to ensure compliance of these orders if information and compensation is not received.
13. Appeal is disposed of with above directions.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar Addresses of the parties:
1. The CPIO under RTI, Govt. of India, M/o Environment, Forests & Climate Change (Wildlife Division), Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi110003.
2. Shri D Suresh Kumar, Flat No. 305, Devi Jayana Apartments, Opp. RRB, New Mettuguda, Secunderabad500017.
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