Central Information Commission
Mrdr A Sathianarayanan vs Ut Of Pondicherry on 20 July, 2015
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No.CIC/YA/A/2014/000852
F.No.CIC/YA/A/2014/000932
F.No.CIC/YA/A/2014/001073
F.No.CIC/YA/A/2014/001618
F.No.CIC/YA/A/2014/003130
F.No.CIC/YA/A/2014/003309
Date of Hearing : 14.07.2015
Date of Decision : 20.07.2015
Appellant/Complainant : Shri A. Sathianarayanan
Puducherry
Respondent : Shri I.R.C. Mohan, CPIO, SP/HQ
Shri V.T. Abdul Rahim, CPIO, SP(North) Dept. of Police, Shri Sridharan, CPIO O/o Lieutenant Governor Shri Subramaniam, CPIO Pondicherry University & Principal, Pondicherry Engineering College Puducherry Information Commissioner : Shri Yashovardhan Azad Both parties are present and are heard. The appellant vide several RTI applications has sought information on several points. Details of all these are reproduced below in a tabulated form:
Appeal No. RTI Date PIO's reply First appeal FAA's order 000852 29.11.2013 No reply 31.12.2013 No order 000932 16.12.2013 24.01.2014 17.01.2014 No order 001073 18.01.2014 17.02.2014 03.03.2014 23.03.2014 001618 18.11.2013 20.12.2013 27.12.2013 22.01.2014 003130 18.08.2014 28.08.2014 27.09.2014 No order 003309 08.10.2014 No reply 10.11.2014 10.11.2014 As the issue in the abovementioned appeals is the same, these cases are being heard & decided together.
F.No.CIC/YA/A/2014/000852 Page 1 of 5 The appellant filed an RTI application dated 29.11.2013, seeking information on 11 points regarding action taken on his complaint dt. 08.05.2010, detailes of SSP/SP/IP, etc., involved in the FIR no. 253/09 dt. 13.08.2009, details of action taken regarding his complaint against fake OBC certificate obtained by Smt. Tasneem Abbasi, etc. On not receiving any information from the PIO within prescribed time, appellant filed first appeal. The FAA did not dispose of the appeal.
The appellant stated that he received a reply from the respondent authority only on 22.06.2015, but the information given by the respondent authority is not satisfactory. The respondent stated that disciplinary proceedings were pending due to which information could not be provided to the appellant. He stated that the same have recently been finalised, after which the information available has been provided to the appellant vide letter dt. 22.06.2015. He urged that the appellant has filed a large number of representation and complaints and RTI applications thereon and that he got confused, due to which no reply could be sent to the appellant. The appellant stated that he was assaulted by certain Police officials and that the dept. has only conducted a cursory enquiry against them. He stated that only a warning has been issued to the official but no other action has been taken.
F.No.CIC/YA/A/2014/000932 The appellant filed an RTI application dated 16.12.2013, seeking information on 11 points regarding action taken on his complaints/petitions dt. 12.08.2009, 07.01.2010, 25.01.2010, 01.05.2010, 31.05.2010, 29.10.2010, 31.05.2011, 17.05.2013, 23.10.2013 and 24.07.2013.
CPIO/Supdt., O/o Lieutenant Governor provided a point-wise reply to the appellant. The FAA did not dispose of the first appeal filed by the appellant.
The appellant stated that the information received from the CPIO is not satisfactory. The respondent stated that the appellant's grievance was related to the Puducherry University and that his complaints/petitions were forwarded to the University, as and when received. He stated that the dept. does not have any further information and that the appellant was informed about the same. He further stated that no correspondence was received from the University after forwarding the appellants' petitions to them and since the LG's office does not have any administrative control over the University, no further information could be provided to the appellant.
On query by the Commission as to what is the subject matter of these representations, the appellant stated that all these relate to the fake OBC certificate obtained by Smt. Tasneem Abbasi.
F.No.CIC/YA/A/2014/001073 The appellant filed an RTI application dated 18.01.2014, seeking information on 8 points regarding details of residential addresses of Shri Raghunath, Head Constable for the years 2009, 2013, his bank account number, bank statement, action taken on him against the Office Memo dt. 20.09.2012 issued by the Home Dept., copies of the relevant file, etc. CPIO /SP(North) in his reply provided information on Point (b), denied information on Point (c) and for the remaining points, informed the appellant that information can be obtained from SP(HQ). The FAA in his order upheld the CPIO's reply.
The appellant stated that he is not satisfied with the information given to him. The respondent from SP(North) stated that only Points (b) & (c) related to his dept. He stated that information Page 2 of 5 was provided to the appellant on Point (b) and Point (c) was denied u/s 8(1)(j). The appellant stated that he has not sought any personal information, but information related to the police officers who assaulted him and that he has a right to know the same. The respondent from SP(South) stated that the official number and address of the police officer was provided to the appellant along with point-wise information, as available on record, on Points 5 to 8.
F.No.CIC/YA/A/2014/001618 The appellant filed an RTI application dated 18.11.2013, seeking information on 13 points regarding action taken on his complaint dt. 29.11.2011, number and date of petitions filed by the appellant which have been received in the dept. since 2009 regarding fake OBC certificate obtained by Smt. Tasneem Abbasi along with action taken on them, copies of certificates submitted by Smt. Tasneem Abbasi at the time of her B.Tech/M.Tech, etc. APIO/Pondicherry Engineering College provided a point-wise reply to the appellant. The FAA in his order upheld the CPIO's reply and enclosed a copy of the same with his order.
The appellant stated that he is not satisfied with the information provided to him. He stated that no action has been taken on complaints. The Principal of the College stated that Smt. Tasneem Abbasi was admitted in the college under GATE score and not under OBC category. The appellant alleged that Smt. Tasneem Abbasi has done her M.Tech under OBC category and that she was also working in the College as Asst. Professor, at the same time. The respondent stated that as per rules, a student can take up a job if he/she has completed all the course work. The respondent urged that information has already been provided to the appellant, as per available record.
F.No.CIC/YA/A/2014/003130 The appellant filed an RTI application dated 18.08.2014, seeking information on 39 points regarding fake OBC certificate obtained by Smt. Tasneem Abbasi and Prof. S.A. Abbasi. PIO/Dy. Registrar of the Puducherry University provided poin-wise information on most of the points and trasnsferred the RTI applications to PIOs, Asst. Registrar/Registrar's Secretariat and Academic Section, Director/Research and Controller of Examinations. The PIOs have provided point-wise information to the appellant as per available record.
The appellant stated that complete information has not been given to him. The respondent stated that the details of his RTI application/first appeals were provided to him. The respondent stated that to take action against a faculty member, Smt. Tasneem Abbasi, in the instant case, is to be done by the Executive Committee and the issue is already pending before the Committee. He stated that once the enquiry is complete, detailed information can be given to the appellant.
F.No.CIC/YA/A/2014/003309 The appellant filed an RTI application dated 08.10.2014 seeking information on 14 points regarding action taken on his complaint dt. 08.05.2010, detailes of SSP/SP/IP, etc., involved in the FIR no. 253/09 dt. 13.08.2009, details of action taken regarding his complaint against fake OBC certificate obtained by Smt. Tasneem Abbasi, etc. On not receiving any reply from the PIO within prescribed time, appellant filed first appeal. The FAA in his order directed PIO/SP(HQ) to provide relevant information to the appellant.
Page 3 of 5The respondent stated that at the time of receipt of RTI application, the concerned file was under process in IGP's office, due to which no reply could be given. The reply was given to the appellant on 02.02.2015, on receipt of the concerned file.
Decision:
After hearing the parties and on perusal of record, the Commission, in F.No.CIC/YA/A/2014/000852, finds that action taken on his complaints has already been provided to the appellant. It is his grievance that a stringent action should have been taken on the officials who assaulted him. As for the information that the appellant has sought, the same has been provided and no further action is required in this matter.
In F.No.CIC/YA/A/2014/000932, the Commission finds that the information, as per available record in the O/o Lieutenant Governor, has been provided to the appellant and no further action is required to be taken in this matter.
In File Nos. CIC/YA/A/2014/001073, CIC/YA/A/2014/001618, CIC/YA/A/2014/003130 and CIC/YA/A/2014/003309, the Commission finds that the information sought by the appellant, has been provided to him as per available record. And no further action is required to be taken in these cases.
As for the delay in providing the information by PIOs, the Commission does not find any malafide on their parts, as is clear from the above cases that the appellant has filed a large number of complaints/petitions, on the same issue, before these public authorities and in the process of responding to the same, the RTI applications are bound to have been inadvertently missed. However, the PIOs are cautioned to strictly adhere to the provisions of the RTI act, in future.
With these observations, the appeals are disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Public Information Officer under RTI First Appellate Authority under RTI Superintendent of Police /HQ., Senior Superintendent of Police /HQ., Police Department, Police Department, Police Headquarters, Police Headquarters, Puducherry. Puducherry.
Public Information Officer under RTI First Appellate Authority under RTI Superintendent-cum-PIO, Private Secretary to the Lt. Governor, Page 4 of 5 Lieutenant Governor's Secretariat, Lieutenant Governor's Secretariat, Government of Puducherry, Government of Puducherry, Raj Niwas, Puducherry-605001. Raj Niwas, Puducherry-605001.
Public Information Officer under RTI Public Information Officer under RTI Nodal Officer, Nodal Officer, Office of the Chief Secretary, Office of the Chief Vigilance Officer, Chief
Chief Secretariat (Govt. of Puducherry), Secretariat (Govt. of Puducherry), Puducherry-605001. Puducherry-605001.
Public Information Officer under RTI Public Information Officer under RTI Nodal Officer, Superintendent of Police /North, Office of the Home Secretary, Police Department,
Chief Secretariat (Govt. of Puducherry), Police Headquarters, Puducherry-605001. Puducherry.
First Appellate Authority under RTI Public Information Officer under RTI Senior Superintendent of Police /L & O, Office of the Principal, Police Department, Pondicherry Engineering College, Police Headquarters, Puducherry. Puducherry. First Appellate Authority under RTI Public Information Officer under RTI Principal, PA to the Registrar, Pondicherry Engineering College, Pondicherry Engineering College, Puducherry. Puducherry. Public Information Officer under RTI First Appellate Authority under RTI Deputy Registrar-(Admin.), Registrar, Pondicherry University, Pondicherry University, R. Venkataraman Nagar, R. Venkataraman Nagar,
Kalapet, Puducherry-605014. Kalapet, Puducherry-605014.
Dr. A. Sathianarayanan House No. - 120, Throbadai Amman Koil Street, Pooranankuppam, Puducherry-605007.Page 5 of 5