, 237 (2017 )DLT333 , ,MANU/DE/0190/2017Sanjeev Sachdeva#10DE500Judgment/OrderDHC#DLT#MANUSanjeev Sachdeva,DELHI2017-2-255501,55503,55488 -->

MANU/DE/0190/2017

True Court CopyTM

IN THE HIGH COURT OF DELHI

W.P. (C) 624/2017

Decided On: 24.01.2017

Appellants: B.B. Dash Vs. Respondent: Central Information Commission and Ors.

Hon'ble Judges/Coram:
Sanjeev Sachdeva

JUDGMENT

Sanjeev Sachdeva, J.

CM No. 2874/2017 (exemption)

Exemption is allowed subject to all just exceptions.

W.P.(C) 624/2017 & CM No. 2873/2017 (stay)

1. The petitioner impugns order dated 22.11.2016, whereby, the CIC has held the petitioner - CPIO liable for not providing the information to the respondents. It has been held that the petitioner has failed to provide information without any cogent reasons. Maximum penalty, as prescribed, of Rs. 25,000/- has been imposed on the petitioner.

2. The respondent No. 2 had filed an application under the Right to Information Act, 2005 (hereinafter referred to as the Act) dated 25.08.2015 seeking certain information. The reply to the said information was given on 28.09.2015. The queries and the replies thereto are as under:-

"ICAR-Project Directorate on Foot and Mouth Disease Information sought under Right to Information on Foot and Mouth Disease 3AB3 DIVA Statement of Cost Sheet for the year 2012-13 by Dimpal Kaushik

The above referred Right to Information reads as under:

A: Please inform weather the above document and/or its contents are in the knowledge of ICAR Team at Headquarters at Krishi Bhawan, New Delhi (Yes or NO)?

Ans: It is an institute matter

B: When did this document and/or its contents come into knowledge of ICAR Team at Headquarters at Krishi Bhawan, New Delhi (DD/MM/YYYY) ?

Ans: How the document from file was obtained?

C: Please provide the copy-of covering letter under which this price of Rs. 196.9733333 per unit was disclosed to ICAR Team at Headquarters at Krishi Bhawan, New Delhi or to the appropriate financial body of ICAR?

Ans: It is an institute matter

D: Please provide the copy of the Minutes of Meetings' in which the figure of Rs. 196.9733333 per unit was stated and recorded by ICAR and/or its institutes. Please provide all minutes and any observations/noting made?

Ans: NO minutes

E: Please provide the name and designation of the ICAR official(s) who had instructed and/or authorized PDFMD to hold and utilize all the funds of AICRP-FMD with regards to purchase of 3AB3 Indirect ELISA Kits without allocating the funds for purchase of 3AB3 Indirect ELISA Kits to individual FMD centers/network units/any other public institutes engaged in FMD Sero- surveillance?

Ans: It is an institute matter

F: Please provide the particulars and a photocopy of financial directive vide which ICAR has permitted PDFMD to hold and utilized all the funds of AICRP-FMD with regards to the purchase of 3AB3 Indirect ELISA Kits without allocating the funds to the individual FMD centres/network units/any other public institutes engaged in FMD Sero-surveillance for the purchase of 3AB3 Indirect ELISA Kits?

Ans: No purchase of kit for supply to AICRP center

G: Please provide the name and designation of the ICAR official(s) who had instructed and/or authorized PDFMD to issue 3AB3 Indirect ELISA Kits at no charge basis to the individual FMD centers/network units/any other public institutes engaged in FMD Sero-surveillance?

Ans: It is an institute matter

H: Please provide the particulars and a photocopy of the directive/instruction vide which PDFMD has been authorized to issue 3AB3 Indirect ELISA Kits at no charge basis to the individual FMD centers/network units/any other public institutes engaged in FMD Sero-surveillance?

Ans: It is an institute matter"

3. Since ........