Central Information Commission
Rameshbhai D Sarasia vs S.V. National Institute Of Technology, ... on 30 August, 2019
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
Decision no.: CIC/SNITS/A/2018/159773/01516
File no.: CIC/SNITS/A/2018/159773
In the matter of:
Rameshbhai D Sarasia
... Appellant
VS
Central Public Information Officer
Sardar Vallabhbhai National Institute of Technology
Ichchhanath, Surat - 395 007
... Respondent
RTI application filed on : 20/12/2017 CPIO replied on : 22/12/2017 First appeal filed on : 19/06/2018 First Appellate Authority order : 05/07/2018 Second Appeal dated : 22/09/2018 Date of Hearing : 29/08/2019 Date of Decision : 29/08/2019 The following were present: Appellant: Not present
Respondent: Dr H.B Mehta, Associate Professor and CPIO; Shri K.D Yadav, Registrar, HR and PIO (Admn) Information Sought:
The appellant has sought the following information:
1. Whether Mr. Ashwin Chaudhari is employee of SVNIT/Contractual labour/Daily Wager of SVNIT or other.
2. Since when Mr. Ashwin Chaudhari is working in the SVNIT?
3. In which section/office he was initially deputed for work? Give details of appointment letter/terms and condition of appointment.
4. And other related information.1
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The Appellant has not availed of the opportunity to plead his/her case despite duly served notice on 17.08.2019 vide speed post acknowledgment no. ED91793502IN.
The CPIO submitted that an appropriate final reply was given during the FAA proceedings stating that the information sought cannot be given being exempted u/s 8(1)(h) of the RTI Act. He further submitted that the then PIO (Admn) wa Dr D.P Bakaria.
On a query by the Commission, regarding the contradiction in reply dated 22.12.2017 and 03.07.2018 Dr H.B Mehta, Associate Professor and CPIO and Shri K.D Yadav, Registrar, HR and PIO (Admn) were flipping the pages of their records, unable to locate the relevant documents.. They were evidently not prepared with the facts of the case. However, regarding the then PIO (Admn) Dr D.P Bakaria they submitted that he is under suspension. Observations:
Based on a perusal of the records, it is noted that the then PIO (Admn) Dr D.P Bakaria erred in invoking the incorrect clause for exemption under the RTI Act. The information sought is basically related to personal information of a third party, hence exempted u/s 8(1)(j) of the RTI Act. The denial of the same u/s 8(1)(h) of the RTI Act was total lack of application of mind. Decision:
In view of the fact that the sought for information relates to personal information of third party, the Commission is unable to provide any relief to the appellant. Moreover, the Appellant has not availed of the opportunity to plead his case or demonstrate involvement of larger public interest to justify disclosure of the information sought. No further action lies.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) 2 File no.: CIC/SNITS/A/2018/159773 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 3