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के (cid:574)ीय सूचना आयोग

Central Information Commission

बाबा गंगनाथ माग(cid:330), मुिनरका

Baba Gangnath Marg, Munirka

नई िद(cid:671)ी, New Delhi – 110067

File No: CIC/DOFSH/A/2025/607569

Chhavi Kumar Sharma ….अपीलकता(cid:330) /Appellant

VERSUS

बनाम

The CPIO ….(cid:366)ितवादीगण /Respondent

Asst. Commissioner (Fisheries), Department of Fisheries, (Aquatic Quarantine),

Department of Fisheries, 1st Floor, Chanderlok Building,

1st Floor, Chanderlok Building, 36, Janpath, New Delhi-110001

36 Janpath, New Delhi-110001

Date of Hearing : 07.07.2026

Date of Decision : 10.07.2026

INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL

Relevant facts emerging from Second Appeal:

RTI application filed on : 28.12.2024

CPIO replied on : 20.01.2025

First appeal filed on : 22.01.2025

First Appellate Authority’s : 11.02.2025

order

Second Appeal dated : 14.02.2025

Information sought:

1. The Appellant filed an RTI application on 28.12.2025 seeking the

following information :

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“As per your letter no. j-01011/45/2024-FY dt 9th Dec 2024 ( copy

enclosed) para 3 it is mentioned "post facto" approval of the project is

not permitted under PMMSY.

Please explain and clarify the following:

1) The definition and interpretation of " post facto approval " as per

policy and your department. Which one of the conditions meet your

criteria of rejection under "post facto approval"

a) If the feed mill is already installed before applying for subsidy

under PMMSY? Or

b) If the application for Subsidy is made before installation of plant

and when the application is in process during that time the feed

mill is installed and commissioned?

c) Or, there is any other condition?

2) Copy of PMMSY scheme guideline and ready recknor enclosed -please

advise on which page/paragraph/clause number/point number - it is

mentioned that "post facto" approval of subsidy is not permitted?

3) What is the time frame/time line for processing of application under

PMMSY?”

2. The CPIO furnished a reply to the appellant on 20.01.2025 stating as

under:

“Subject: Request for information under RTI Act, 2005-reg.

Please refer to your RTI Application Registration No.

DOFND/R/E/24/00124 dated 28-12-2024 on the above-mentioned

subject received by this CPIO on 30-12-2024.

With regard to the above said RTI Application, the information held by

this Central Public Information Officer (CPIO) may be treated as 'nil'.

This RTI application has forwarded on 07th and 13th January, 2025 to

to the Officer concerned, Shri. Sudhansu Sekhar Mishra (Aquatic

Quarantine), First Floor, Chanderlok Building, 36, Janpath, New Delhi-

110001, for providing information as per Section 5 (4) and 5 (5) of the

RTI Act, 2005 (copy attached).

Shri. Sudhansu Sekhar Mishra, Assistant Director (Aquatic Quarantine)

informed that Post facto approval normally issued when the activity has

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already commissioned. Its a general principle that without approval of

the competent authority, no activity is permitted to start.

The 'First Appellate Authority' under RTI Act, 2005 in this Department is

Shri. Rakesh Kumar, Deputy Commissioner, 1 Floor, Chanderlok

Building, 36, Janpath, New Delhi-110001. Tel. No. 011-23712390.”

3. Being dissatisfied, the Appellant filed a First Appeal on 22.01.2025. The

FAA vide its order on 11.02.2025 stating as under:

“Proceedings of the appellate Authority

Subject: First appeal under section 19 (1) of the RTI Act, 2005 by Sh.

Chhavi Kumar Sharma, Alwar, Rajasthan -regarding.

This is the first appeal under RTI Act, 2005 vide registration No.

DOFND/A/E/25/00001 dated 22.01.2025, submitted by Sh. Chhavi

Kumar Sharma, Alwar, Rajasthan with reference to his original

application No. DOFND/R/E/24/00124 dated 28.12.2024.

2) In this regard, it is clarified that there is no provision for ex-post facto

approval for the Fisheries 2. activities under Pradhan Mantri Matsya

Sampada Yojana (PMMSY) including for fish feed Mill. As such no any

fisheries activities could be started before issuance of work order. The

details of Pradhan Mantri Matsya Samp