From

K. D. Prathapan 11th

November, 2014

Department of Entomology

Kerala Agricultural University

Vellayani PO, Trivandrum-695522

Kerala

To

Dr S. Dam Roy

Director & RTI Appellate Authority

PB No. 181, Central Agricultural Research Institute

Garacharama PO, Port Blair-744 101

Dear Dr Roy,

Sub: Appeal as per the Right to Information Act, 2005

Ref: 1. My request for information dated 30.9.2014 (copy enclosed)

2. Reply of CPIO, CIARI - F. No. RTI/CIARI/117/8826 dated 1. 11. 2014 (copy enclosed)

Kindly refer to the above mentioned request for information and the reply provided by

the Central Public Information Officer of your Institute. Please note that as per Question no.

1, I have clearly requested for copies of basic records such as Field Note Books and

Laboratory Note Books in possession of CIARI. However, the CPIO has not given me a

direct reply. Instead he has obtained reply from the scientists who are no more with your

Institute. As the research work under question was undertaken by researchers of a public

institution, using public funds, these records fall well within the definition of public

documents as per section 2 (f, h, i and other relevant provisions) of the Right to Information

Act, hence it is the binding duty of the Institute and its authorities to keep such public

documents under their custody and make it available to interested citizens as per the RTI

Act, 2005 (please see section 4 of the Right to Information Act).

I kindly request you to clarify the following, already raised in my application dated 30th

October:

1. Is CIARI in possession of any basic records such as Field Note Books or Laboratory Note

Books, pertaining to the research paper mentioned in my information request dated

30.10.2014?

2. If the answer to question no. 1 is yes, please provide a xerox copy of the same. Copying

charges, as prescribed, will be remitted by the undersigned on receipt of your reply.

3. Drs Ajanta Birah and Someswar Bhagat, in their joint reply dated 15.10.2014, have informed

me that the field note book is available with them. However, they have denied access to

the same citing IPR issues related to the project outcome, despite publishing the results of

their study (Ajanta Birah, Someshwar Bhagat, Tripathi, A. K. and Srivastava, R. C. 2011.

Impact of pest management modules against pollu beetle, Longitarus nigripennis

Motschulsky in black pepper in Bay Islands. Indian Journal of Entomology, 73(2): 110-

112). Evidently they are using IPR issue as a bogey to deny information, even after

publishing the results of the study. This misuse of clause 8 (d) of the Act, based on false

claims is an offence, liable to invite punitive measures, under clause 20 of the Act.

Moreover, a public document which is the product of public funding is being kept under

their personal custody for personal gains. This is in complete violation of all rules,

regulations and conventions. Hence I request you to kindly take necessary steps

immediately to take over the document(s) and make it available as per the RTI Act, 2005.

4. I also request you to kindly clarify the IPR issues mentioned by Drs Ajanta Birah and

Someswar Bhagat as their reply was forwarded by your CPIO, the research work was

carried out in your Institute and more over the results are already published.

5. Outcome of any public funded research cannot be owned by individual scientists, without the

knowledge and consent of their employer as per the ICAR norms. As the Director of the

Institute, are you aware of any move by Drs Ajanta Birah or Someswar Bhagat to make

any IPR claim based on the outcome of the above mentioned research work carried out at

CIARI?

Sincerely

Prathapan

From

K. D. Prathapan 20th

January, 2015

Department of Entomology

Kerala Agricultural University

Vellayani PO, Trivandrum-695 522

Kerala

To

Dr Shrawan Singh

Central Public Information Officer

PB No. 181, Central Island Agricultural Research Institute

Garacharama PO, Port Blair-744 101

Dear Dr Singh,

Sub: Information request as per the Right to Information Act

Ref: Lr 10146 dated 29/11/2014 of the Director, CIARI (copy enclosed)

I request you to kindly share complete copies of the following documents

mentioned in the Lr No. 10146 dated 29/11/2014 of the Director, CIARI:

1. Original Project Proposal i.e. RPF-1

2. All Progress Reports of the Project in RPF – II and

3. Project Conclusion Report in RPF – III

4. Project results evaluated and certified by Dr T. V. R. S. Sharma

(Name of the project: Integrated Pest and disease management of Black pepper

Principal Investigator: Dr. Someshwar Bhagat)

Fees, if any, will be remitted by the undersigned as directed by you.

Please find enclosed a postal order worth Rs 10/- (no 76E 251755 dated 15.1.2015 )

towards the fees, as per the RTI Act.

Yours sincerely

From

K. D. Prathapan 11th

March, 2015

Department of Entomology

Kerala Agricultural University

Vellayani PO, Trivandrum-695 522

Kerala

To

Dr S. Dam Roy

Director & RTI Appellate Authority

PB No. 181, Central Agricultural Research Institute

Garacharama PO, Port Blair-744 101

Dear Dr Roy,

Sub: Appeal as per the Right to Information Act, 2005

Ref: 1. My request for information dated 20.1.2015 (copy enclosed)

2. Reply of CPIO, CIARI - F. No. RTI/CIARI/129/13468 dated 12. 2. 2015, received on 21.2.2015 (copy

enclosed)

Kindly refer to the above mentioned request dated 20.1.2015 for information. I have requested for copies

of the following documents:

1. Original Project Proposal i.e. RPF-1

2. All Progress Reports of the Project in RPF – II and

3. Project Conclusion Report in RPF – III

4. Project results evaluated and verified by Dr T. V. R. S. Sharma

(Name of the project: Integrated Pest and disease management of Black pepper

Principal Investigator: Dr. Someshwar Bhagat).

However, my request was denied by your CPIO citing copy right issues. Copy right issues are not

applicable in this case. Please see the Indian Copyright Act, 1957

(http://copyright.gov.in/documents/copyrightrules1957.pdf)

Hence I request you to kindly provide copies of all the requested documents.

Fees, if any, will be remitted by the undersigned as directed by you.

Yours Sincerely