Matter of cruelty to cattle at BHEL - CIC: No reply has been provided till date which is a violation of the timeframe stipulated under RTI Act - Smt Prachi Jain, CPIO & Assistant Secretary to show cause explaining why penal action should not be initiated
1 May, 2024
Information sought and background of the case:
The Complainant filed an RTI application dated 11.10.2022 seeking information on following points:-
“On 08.07.2022 and 26.08.2022 the Animal Welfare Board of India had sent letters to the District Collector of Tiruchirappalli, Tamilnadu, and the Member Secretary & the Director, Animal Husbandry & Veterinary services, Tamilnadu, in the matter of cruelty to cattle at BHEL Tiruchirappalli. Please find the letters attached herewith. Being the complainant in the matter, the letters were not addressed to me, and I had not received them by post.
Hence,
1. Kindly provide the status report, or the action taken report in the matter.
2. Kindly provide the communications received from the officers who received the letters.”
Aggrieved due to non-receipt of any response from the CPIO within the time limit, the Complainant filed a First Appeal dated 19.11.2022 which was not adjudicated by the FAA.
Facts emerging in Course of Hearing:
Complainant: Present
Respondent: Absent
The Complainant stated that the information sought was not provided to him within the stipulated time period. He also stated that no action was taken on his complaint filed regarding cruelty against stray cattles at BHEL Tiruchirapalli campus. He added that in January, 2024 he was in receipt of a letter from the Animal Welfare Board of India which also does not satisfactorily address his complaint. None representing the Respondent was present during the hearing despite prior intimation.
Decision
Keeping in view the facts of the case and the submissions made by the Complainant, the Commission finds that no reply against the RTI application has been provided till date which is a violation the timeframe stipulated under the provisions of the RTI Act, 2005. The Commission therefore directs Smt Prachi Jain, CPIO and Assistant Secretary to show cause explaining why penal action should not be initiated against her for not providing the information within the timelines stipulated under the RTI Act, 2005 and for not being present during the hearing to contest the matter. Smt Prachi Jain is also directed to give the updated factual position regarding the action taken against the Complaint referred in the RTI application to the Complainant, The above directions should be complied within 30 days from the date of receipt of this order under intimation to the Commission.
The instant Complaint stands disposed off as such.
Heeralal Samariya
Chief Information Commissioner
Citation: Shri K M Karthik v. Animal Welfare Board of India, CIC/AWBIC/C/2023/605595; Date of Decision : 27.03.2024