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2022 Supreme(Online)(CIC) 143

के(cid:7008)(cid:7076)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:6981),मुिनरका

Baba Gangnath Marg, Munirka नई (cid:7408)द(cid:7016)ली, New Delhi – 110067 ि(cid:7367)तीय अपील सं(cid:6990)या/ Second Appeal No. CIC/AWBIC/A/2020/675670 In the matter of:

Naresh Kadyan … अपीलकता(cid:6981)/Appellant VERSUS बनाम CPIO, …(cid:7079)ितवादीगण /Respondent /Assistant Secretary Animal Welfare Board of India National Institute of Animal Welfare Campus , 42 KM Stone, Delhi-Agra Highway, NH-2, Ballabhgarh, Faridabad, Haryana- 121004 Relevant dates emerging from the appeal:


































TI Application filed on:04.03.2020
CPIO replied on:01.04.2020
First Appeal filed on:09.04.2020
First Appellate Authority order:Not on Record
Second Appeal received on:28.06.2020
Date of Hearing:R 04.01.2022
The following were present:

Appellant: Shri Naresh Kadyan participated in the hearing through intra-video conferencing from Central Information Commission.

Respondent: Shri Narendra Kumar, CPIO and Under Secretary, Dept. of Animal Husbandry and Smt. Prachi Jain, CPIO and Asst. Secretary, Animal Welfare Board of India participated in the hearing through intra-video conferencing from Central Information Commission.

O R D E R

Information sought:

The Appellant filed an online RTI Application dated 04.03.2020 seeking information on the following five points:

“Under the Maneka Gandhi, Minister In charge of Animal Welfare Division, misuse her position, promoted her own NGO adopted conflict of interest, even Anuradha Sawhney, Ex Chief Functionary of PETA India, availed Ambulance & Shelter grant in aid, which were minsutilised, her Ambulance was sold out by Maneka Gandi, funds were not returned to the AWD, besides it Ambulances are also condemns but never auction, creating heavy financial loss to the AWD, please provide complete details about Anuradha Sawhney, along with:

1. Animal Welfare Division under the control of Ministry of Social Justice &

Empowerment sanctioned & released grant in aid for Ambulance & Shelter for animals in distress, please supply me complete list & details of funds sanctioned & disbursed head wise along with the utilization position with present status

2. Animal Welfare Division under the control of Ministry of Statics & Programme Implementation, sanctioned & released grant in aid for Ambulance & Shelter for animals in distress, please supple me complete list & details of funds sanctioned & disbursed head wise along with the utilization position with present status

3. Animal Welfare Division under the control of Ministry of Culture, sanctioned & released grant in aid for Ambulance & Shelter for animals in distress, please supply me complete list & details of funds sanctioned & disbursed head wise along with the utilization position with present status

4. Complete details – list about Ambulances declared condemns & auctioned, describing the procedure of auction

5. 250 Monkeys of Hanuman Vatika left abandoned by Maneka Gandi, without rehabilitation as per norms as her PFA recognition was revoked by CZA, Gauri Mulekhi submitted false statement of rehabilitation, supply me all communication made & received with process of rehabilitation of these 250 Monkeys along with details about their proper natural habitiat.”

Ms. Prachi Jain, CPIO and Assistant Secretary, Animal Welfare Board of India, Ballabhgarh, Haryana vide letter dated 01.04.2020, informed the Appellant as under:

“1 to 4: The name of the Animal Welfare Organisation of Anuradha Sawhney, Ex-Chief Functionary of PeTA is required for providing the details of the information.

5: As per the available records, no information is available regarding the Hanuman Vatika with the Board.”

Being dissatisfied, the appellant filed a First Appeal dated 09.04.2020, which has not been adjudicated by the First Appellate Authority as per available records.

Grounds for Second Appeal:

The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent.

Submissions made by Appellant and Respondent during Hearing:

The Appellant stated that he is not satisfied with the reply provided by the Respondent.

The Respondent submitted that appropriate information has been provided to the Appellant vide letter dated 01.04.2020. Upon queried by the Commission as to whether the First Appeal was adjudicated by the First Appellate Authority, she replied in affirmative. She further submitted that on 20.05.2020 had upheld the reply of the CPIO.

A written submission has been received by the Commission from Dr. S.K. Dutta, Appellate Authority and Secretary vide letter dated 28.12.2021, wherein he has apprised the Commission as under:

Decision:

Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Respondent had sought the name of Animal Welfare Organisation of one Smt. Anuradha Sawhney, Ex-Chief Functionary of PeTA to provide the relevant information sought at point nos. 1 to 4 of the RTI Application, which the Appellant has not provided till date. Hence, the Commission finds no infirmity in the reply provided by the Respondent.

Notwithstanding the above, the Commission expresses severe displeasure a

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