CIC directs CPIO compliance with FAA orders for point-wise RTI replies and record inspections under RTI Act.

ORDER 

Second Appeal No. CIC/CPCBD/A/2024/124509

1. The Appellant filed an RTI application dated 04.04.2024 seeking information on the following points:

“ Regarding Letter dated 27.02.2024

1. Please provide a certified copy of the document showing the action taken by competent authority for enforcement of Guidelines issued by CPCB as provision of Rule 5(C) of PWM Rules 2016.

2. Please provide a certified copy of the document showing the definition of "Minimization" or "Minimizing" or "Minimize" as per mandate of PWM Rules 2016 and as mentioned in clause 5.2.1 of the Guidelines issued by CPCB as per provision of Rule 5(c) of PWM Rules 2016

3. Please provide certified copies of the note/noting/comments given by various authorities after receiving the letter dated 27.02.2024.

4. Please provide certified copies of the directions issued or decisions taken by the competent authorities of CPCB considering the above referred letter dated 27.02.2024 in favor of public at large and in the interest of nation.

5. Please provide the certified copy of the records showing the current status of the letter dated 27.02.2024…etc.

1.1. The CPIO replied vide letter dated 02.05.2024 and the same is reproduced as under :-

“This has reference to your online RTI with registration no. CPCBD/R/P/24/00055 dated 08/04/2024 received in the division. In response to your above referred application, it is to inform that as per clause 5(1)(c) of the PWM Rules, 2016, as amended "The plastic waste management by the urban local bodies in their respective jurisdiction shall be as under: -

Thermo set plastic waste shall be processed and disposed off as per the guidelines issued from time to time by the Central Pollution Control Board."

CPCB has published the Guidelines for Disposal of Thermoset Plastic Waste including Sheet moulding compound (SMC)/Fibre Reinforced Plastic (FRP) which is available on the CPCB Website. The link is provided as under:

(https://cpcb.nic.in/displaypdf.php?id=cGxhc3RpY3dhc3RIL1RoZXJtb3NldF9Hd WIkZWxpbmVzLnBkZg==)

Further as per clause 6(2)(d) of the said Rules, "The local body shall be responsible for setting up, operationalisation and co-ordination of the waste management system and for performing the associated functions, namely: - ensuring processing and disposal on non-recyclable fraction of plastic waste in accordance with the guidelines issued by the Central Pollution Control Board."

1.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 09.05.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 12.06.2024 observed as under:-

2. I have gone through the entire records available in the file including the RTI application vide RTI Reg. No. CPCBD/R/P/24/00055 dated 08/04/2024 and the reply of CPIO vide letter no. CP-20/21/2022-UPC-II-HO-CPCB-HO dated 02/05/2024.

3. The appeal is examined and CPIO is directed to provide point-wise available information to the appellant within 10 days of receipt of this order.

In view of the above facts, I conclude the Appeal as Disposed. A copy of this order may be given to all concerned.

1.3. In compliance of order of FAA, the PIO furnished reply dated 11.07.2024 as under:

“..It is to inform that "As per clause 5(1)(c) of the PWM Rules, Thermo set plastic waste shall be processed and disposed off as per the guidelines issued from time to time by the Central Pollution Control Board.

CPCB has published the Guidelines for Disposal of Thermoset Pla