Central Information Commission
Pijus Kanti De vs Department Of Higher Education on 18 June, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: CIC/DHEDU/A/2019/144022 + 144021 + 144019
In the matter of:
Pijus Kanti De
...Appellant
VS
CPIO
Deptt of Higher Education
Ministry of Human Resource Development (MHRD)
Shastri Bhawan
New Delhi 110 001.
...Respondent
Date of hearing : 16/06/2020
Date of decision : 16/06/2020
File Nos. RTI application CPIO First Appeal FAA's Second
filed on replied on filed on Order on Appeal
Dated
144022 14/01/2019 22/02/2019 24/06/2019 17/07/2019 23/08/2019
144021 20/12/2018 22/02/2019 20/06/2019 17/07/2019 23/08/2019
144019 15/12/2018 22/02/2019 19/06/2019 17/07/2019 23/08/2019
The following were present:
Appellant: Present over phone
Respondent: Shri Inderjeet, Under Secretary and CPIO, present over phone 1 Information Sought:
File No. CIC/DHEDU/A/2019/144022 The appellant has sought the following information:
1. Provide the details of MHRD rules of One-Time Relaxation in experience for internal/existing Associate Professor:
a. Who joined any NIT directly as Associate Professor against Permanent Post.
b. Who joined with Ph.D. degree.
c. Who have joined the concerned NIT from a Deemed to be University like Banasthali Vidyapeeth, which is aided by the Govt. of India.
d. Whose previous experience at that Deemed University like Banasthali Vidyapeeth is considered by the concerned NIT for the Post of Associate Professor.
e. Whose services are confirmed by the concerned NIT/MHRD. f. Who is getting monthly salary from the Govt. of India. g. Whose service at the concerned NIT as an Associate Professor is more than four years but less than ten years. h. Who has applied for the Post of Professor in the concerned NIT as an internal faculty/existing faculty.
File No. CIC/DHEDU/A/2019/144021 The appellant has sought the following information:
1. As per new recruitment rules (RRs) of MHRD, provide the date of enforcement of the said new RRs with respect to "Institute of Repute"
for existing faculty members.
File No. CIC/DHEDU/A/2019/144019 The appellant has sought the following information:
1. Provide a copy of circulation issued by NIT Silchar about Transparency of 'Definition of Institute of Repute' given by the ACoFAR, NIT Silchar as 2 File no.: CIC/ CIC/DHEDU/A/2019/144022 + 144021 + 144019 "All Government Institutions/Organizations will be treated as Institute of repute" before short-listing was done.
2. In case 'No Circulation' was done in this regard by NIT Silchar then provide approval from
2.1 MHRD for making the recruitment process as 'Non-Transparent' under Recruitment Rules (RRs) of MHRD.
2.2 Visitor of NIT Silchar for making the recruitment process as 'Non-
Transparent' under Recruitment Rules (RRs) of MHRD.
Grounds for filing Second Appeals The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO. He further submitted that no information was given to him and the information sought is very crucial for him to plead his case before the National Commission for Backward Classes where his case is pending against service harassment subjected to him at NIT Silchar.
The CPIO submitted that the RTI applications in all the above mentioned cases were replied to vide letter dated 22.02.2019. He further submitted that the first appeal was also disposed of vide order dated 17.07.2019.
Observations:
Based on a perusal of the record, it was noted that the following reply was given by the CPIO vide letter dated 22.02.2019 in respect of case no. 144022 and 144019:
" I am refer to your RTI application dated 14.12.2018, 15.12.2018, 11.01.2019, 12.01.2019, 14.01.2019 and 21.01.2019 received in the Section on 30.01.2019. The undersigned is the CPIO for NITs and IIEST Shibpur.
2.With regard to your above RTI applications: In so far as NIT Division concerned available information is already provided to you. No further information is available with NIT Division. It is also informed that all the 3 above mentioned RTI applications have been forwarded to NIT Silchar for furnishing the information directly to you. NIT Silchar is a separate public authority having their own PIO and Appellate authority. Therefore, you are requested to make further communication with the PIO of NIT Silchar.
3. It is also noted that you have sufficiently used RTI Act for personnel related matters without any public interest. It is a clear cut case of misuse of RTI Act, forcing PIO to devote all valuable time and energy on repeated RTIs. As per CIC order no. CIC/SA/A/2015/001849 dated 25.02.2016 (Jagdish Kumar Koli Vs. Department of School Education & Literacy, MHRD. GOI) "Repeated, RTI applications cannot be entertained."
The following reply was given by the CPIO vide letter dated 22.02.2019 in case no. 144021:
" I am refer to your RTI application dated 18.12.2018, 19.12.2018, 20.12.2018, 21.12.2018, 21.01.2019, 22.01.2019, 23.01.2019, 28.01.2019, 29.01.2019, 30.01.2019, 31.01.2019, 01.02.2019, 02.02.2019, 04.02.2019 and 05.02.2019 received in the Section on 22.01.2019, 30.01.2019, 11.02.2019, 12.02.2019, 15.02.2019 and 21.02.2019. The undersigned is the CPIO for NITs and IIEST Shibpur.
2.With regard to point nos. 1 and 2 of RTI applications dated 18.12.2018, 19.12.2018, 21.01.2019, 22.02.2019, 23.01.2019, 28.01.2019, 29.01.2019, 30.01.2019, 31.01.2019, 01.02.2019, 02.02.2019, 04.02.2019 & 05.02.2019: No information is available, because more than 2 years have passed, the communications are not traceable. Please provide the copies of the same.
3. With regard to other points of above mentioned RTI applications: In so far as NIT Division is concerned available information is already provided to you. No further information is available with NIT Division. It is also informed that all the above mentioned RTI applications have been forwarded to NIT Silchar for furnishing the information directly to you. NIT Silchar is a separate public authority having their own PIO and Appellate authority. Therefore, you are requested to make further communication with the PIO of NIT Silchar.
3. It is also noted that you have sufficiently used RTI Act for personnel related matters without any public interest. It is a clear cut case of 4 File no.: CIC/ DHEDU/A/2019/144022 + 144021 + 144019 misuse of RTI Act, forcing PIO to devote all valuable time and energy on repeated RTIs. As per CIC order no. CIC/SA/A/2015/001849 dated 25.02.2016 (Jagdish Kumar Koli Vs. Department of School Education & Literacy, MHRD. GOI) "Repeated, harassing RTI applications cannot be entertained."
The reply in the above cases shows that the CPIO has basically denied any further information, citing three grounds viz. 1. Information was already provided as per availability in the NIT Division. 2. The RTI application was forwarded to NIT Silchar for further necessary action and follow up by the appellant 3. Misuse of the RTI Act by the appellant for personnel related matters without any public interest.
The appellant had challenged the replies and stated that each of the RTI applications should have been replied to properly. After perusing all three RTI applications vis a vis the reply given vide letter dated 22.02.2019, the Commission finds it relevant to mention here that except point no. (1) of the RTI application in case no. 144022, the information asked for in points no. (1)(a) to (h) is related to personal information of third parties and hence exempted u/s 8(1)(j) of the RTI Act. Hence, except the details of MHRD rules of One-Time Relaxation in experience for internal/existing Associate Professor no relief can be given. In respect of case no. 144021, the appellant had asked that as per new recruitment rules (RRs) of MHRD, provide the date of enforcement of the said new RRs with respect to "Institute of Repute" for existing faculty members. The reply given was that as far as the NIT Division is concerned available information was already provided to him. No further information is available with NIT Division. However, the Commission observes that a categorical reply stating the date of enforcement of the new RRs with respect to "Institute of Repute" is a general question and the same can be replied by the respondent and the forwarding of the RTI application to NIT Silchar was not required.
In respect of case no. 144019, the information asked for is in the nature of a grievance and the same is not covered under the definition of information u/s 2(f) of the RTI Act. In the context of the present case, the CPIO's plea regarding misuse of the RTI Act by the appellant due to service grievance was found correct.
5Decision:
In view of the above detailed discussion, the Commission grants limited relief to the appellant and directs the CPIO, Shri Inderjeet to revist the case records in case no. 144022 and provide the details of MHRD rules of One-Time Relaxation in experience for internal/existing Associate Professor to the appellant; in case no. 144021 the CPIO is directed to provide a categorical reply stating the date of enforcement of the new RRs with respect to "Institute of Repute" to the appellant within 7 days from the date of issue of this order. In case no. 144019, no relief is granted.
The appeals are accordingly disposed of.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 6