Back
2026 Supreme(Online)(CIC) 4035
CENTRAL INFORMATION COMMISSION
SANJEEV KUMAR JINDAL, INFORMATION COMMISSIONER
Naresh Kadyan – Appellant
Versus
Department of Animal Husbandry And Dairying – Respondent
CIC/DAHDD/C/2024/646536|CIC/DAHDD/C/2024/646038|CIC/DAHDD/C/2024/650358|CIC/DAHDD/C/2024/654100|CIC/DAHDD/C/2024/653362|CIC/DAHDD/A/2024/647159
Important Points
Subject
Administrative Law - Right to Information
Act Referred
Prevention of Cruelty to Animals Act: S.2, S.10, S.38A
Indian Constitution: Art.51A, Art.48
Animal Birth Control Rules: R.2, R.3, R.10
Bharatiya Nyaya Sanhita
Livestock Importation Act
Indian Veterinary Council Act
Government of India (Allocation of Business) Rules
Veterinary Council of India Standard of Professional Conduct, Etiquette and Code of Ethics, for Veterinary Practitioners Regulations: R.3
Headnote
(B) RTI Act - Scope and limitations - PIO cannot create information, provide clarifications, or invade unwarranted privacy - Public authorities not obligated to generate documents or respond to suggestions/advice - Repeated similar queries pressure rather than seek genuine information - Admonishment for inundating CPIOs. (Paras 11)
Facts of the case:
Multiple clubbed complaints/appeals by habitual applicant against public authority concerning animal welfare rules, schemes, personnel details, property returns, slaughterhouse permissions, mobile veterinary units - CPIOs replied point-wise, transferred where required, denied exempt information; FAAs upheld/disposed similarly; applicant absent at hearing.
Findings of Court:
Available information provided; no deliberate obstruction or mala fides; 567 prior cases disposed, 79 pending by same applicant; filings misconceive RTI as absolute right, clogging resources.
Issues: Whether PIOs unreasonably denied information; validity of repeated similar RTI filings; jurisdiction over complaints absent mala fides.
Ratio Decidendi: RTI not absolute; PIOs must provide held information but exempt personal/third-party data sans public interest; habitual vexatious applications admonished as misusing Act, prioritizing duties over endless queries - No intervention warranted.
Result: Complaints and appeal disposed of.
1. Complaint-CIC/DAHDD/C/2024/646536
Information sought:
The Complainant filed an RTI application dated 15.08.2024 seeking the following information:
“Complete application under RTI Act is attached to supply as desired.
Community Policing in good faiths as scouting for Animal Birth Control Rules, 2023, as in supersession of the S.O. 1256(E), dated 24th December, 2001-Animal Birth Control (Dogs) Rules, 2001 – Animal Birth Control (Dogs) Rules, 2009 and Animal Birth Control (Dogs) Amendment Rules, 2010:
107 times repeatedly used dog term, under Animal Birth Control Rules, 2023, besides term animal defined as all living creatures other than human beings, section 2 of the Prevention of Cruelty to Animals Act 1960 and Bharatiya Nyaya Sanhita, 2023, which seems discrimination, contradiction, adopting double standards, as article under 51A of Indian Constitution being fundamental duties, empowered every citizen, supply copies in record with file notings, uploading as public documents. As desired, Supply copies of 2 and 10 of the Animal Birth Control Rules, 2023.
Definition and Obligations of the Local Authority, without Corporations.
Supply copies of proposals under pipelines and decided, related to:
Introduction of scheme, regulation of stray Monkey and Cattle indigenous holy cow, at par with Animal Birth Control Rules, 2023, left abandoned by policy makers, blind Indian, breaching public trust, against mandate of AWBI and Indian Constitution.
WHITE PAPER on the AWBI system. Selective activism never been appreciated and accepted by me, till last breath being fighter against greedy system.”
The CPIO furnished a reply to the Complainant on 27.08.2024 stating as under:
“ Pls refer to your Rti request. It is stated that there is no information sought in the application. All the points are suggestive in nature. Therefore, providing the information does not arise. In this way the information may be treated as nil.”
Being dissatisfied, the complainant filed a First Appeal dated 27.08.2024.
The FAA vide its order dated 24.09.2024 stated as under:
“The CPIO can provide those information which are on records. The applicant has not sought any specific information rather than advice the Government. The CPIO cannot create information as per the desire of the applicant. Hence, the reply given by CPIO is upheld. The appeal stands disposed.”
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.Written Submissions dated 12.02.2026 filed by the respondent CPIO, Dept. Of Animal Husbandry and Dairying is taken on record which states that RTI application dated 15.08.2024 was replied on 27.08.2024 and FAA passed order on 24.09.2024.
2. Complaint – CIC/DAHDD/C/2024/646038
Information sought:
The Complainant filed an RTI application dated 05.08.2024 seeking the following information:
“Community policing as scouting in good faith in public domain: Claimed to be a Dr. but failed to perform Sujit Kumar Dutta born on 01.07.1967 at small town Naihati, in the District of North24Paraganas in West Bengal State. By profession, he is a veterinarian. He has passed his B..Sc & A.H. degree from faculty of Veterinary Science from Bidhan Chandra Krishi Viswavidyalaya, Mohanpur, Nadia, West Bengal. He also did Master of Veterinary Science (Veterinary Medicine) from Indian Veterinary Research Institute in The year 1990 and passed M.V.Sc (Veterinary Medicine) in 1992.After completion of his masters degree, he joined in the Veterinary Service in the Animal Resources Development Department, Government of West Bengal. He served as Veterinary Surgeon till 30th May 2007. During the tenure of posting as Veterinary Surgeon, he was involved in Rinder Pest eradication Animal programme, Artificial Insemination with Frozen Semen Technology, Extension Programme, Dairy Development, Health control programme. Dr. Dutta has joined in the Government of India, Department of Animal Husbandry, Dairying and Cooperative Fisheries on June, 2007 as Assistant Commission
