Central Information Commission
Ramanathan vs Ut Of Puducherry on 28 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/UTPON/A/2023/141136
Ramanathan .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
O/O THE CPIO UT OF PUDUCHERRY
Chief Secretariat, Higher and Technical
Education, Puducherry - 605001 .... ितवादीगण /Respondent
Date of Hearing : 20.01.2025
Date of Decision : 28.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 26.06.2023
CPIO replied on : 30.06.2023
First appeal filed on : 02.08.2023
First Appellate Authority's order : 23.08.2023
2nd Appeal/Complaint dated : 10.10.2023
Information sought:
The Appellant filed an RTI application (offline) dated 26.06.2023 seeking the following information:
"(i) Please give me a copy of the Govt. order on "Method used for filling horizontal reservation (CENTAC, Information Brochure, volume-1, 2023- 2024, page-18).
(ii) Please give me the details of the action taken on my complaint to Directorate of Higher Education dated 22.02.2023."Page 1 of 4
The CPIO furnished a reply to the Appellant on 30.06.2023 stating as under:
"I am to forward herewith a copy of the application dated 26.06.2023 received on 27.06.2023 seeking information under the RTI Act 2005 from one Thiru D. Ramanathan, D-80, Mangaliamman Koil Street, Mudaliarpet, Puducherry in terms of Section 6(3) of the RTI Act, 2005 for furnishing part 3 (i) of the information directly to the applicant under intimation to this Secretariat since the information sought for by the applicant is closely connected with PIO, CENTAC Office."
Being dissatisfied, the appellant filed a First Appeal dated 02.08.2023. The FAA vide its order dated 23.08.2023, held as under.
"1. The Public Information Officer CENTAC, Puducherry is therefore, directed to furnish the available information as per the RTI Act, 2005 to the said Thiru D. Ramanathan within ten days from the date of receipt of this Order, under intimation to the undersigned.
2. The first appeal of Thiru D. Ramanathan stands disposed off accordingly."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Dr. Cheryl Shivan, PIO-cum-Convenor and Dr. Sivaradje, then PIO and Convenor attended the hearing through VC.
The Appellant stated that the Respondent has not provided the relevant information as sought in the instant RTI Application.
The Respondent submitted that as per available records, no information was provided to the Appellant by the then PIO Dr. Sivaradje, Convenor. Upon receipt of the hearing notice from the Commission, the Appellant with respect to information sought at point No. 1 of the RTI Application has been informed that the method used for filling horizontal reservation is to be found in the CENTAC Information Brochure, Volume-1, 2023-24, page 18 as was approved by the competent authorities of the Government before publication and no separate G.O. was published in this regard and the same has been informed to Page 2 of 4 the Appellant vide letter dated 19.01.2025. She added that with respect to information sought at point No. 2 of the RTI Application, the custodian of the information is Directorate of Higher Education.
A written submission has been received from Dr. Cheryl Shivan, PIO-cum- Convenor, vide letter dated 19.01.2025, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"Please refer to your RTI application cited under reference above wherein you have sought information relating to "Method used for filling horizontal reservation (CENTAC Information Brochure, Volume-1, 2023-24, page 18)". The method used for filling horizontal reservation that is to be found in the CENTAC Information Brochure, Volume-1, 2023-24, page 18 was approved by the competent authorities of the Government before publication. No separate G.O. was published in this regard."
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that as per available records, no information was provided to the Appellant by the then PIO Dr. Sivaradje, Convenor, which also raises a doubt that the information had not been given to the Appellant with mala fide intent. In view of the above, inaction on his part is prima facie established and therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause Notice to then PIO Dr. Sivaradje, Convenor. The then PIO shall explain in writing as to why action should not be initiated against him under Section 20(1) of the RTI Act for the foregoing reasons, written explanation of the then PIO should reach the Commission within four weeks from the date of receipt of this order.
A copy of this order shall be served upon the then PIO by the present PIO. Upon receipt of the hearing notice from the Commission, Dr. Cheryl Shivan, PIO-cum-Convenor, has provided the relevant information on point No. 1 of the RTI Application to the Appellant vide letter dated 19.01.2025. In respect of point No. 2 of the RTI Application, she has neither transferred the RTI Application under Section 6 (3) of the RTI Act nor obtained the relevant information under Section 5 (4) of the RTI Act from the concerned custodian of Page 3 of 4 the records. The Commission cautions the concerned Respondents for their casual approach and to avoid such lapses in future. In view of the above, the Commission deems it fit to direct Dr. Cheryl Shivan, PIO-cum-Convenor, to obtain the relevant information on point No. 2 of the RTI Application from the concerned custodian of the records by invoking Section 5(4) of RTI Act and provide the same to the Appellant within three weeks from the date of receipt of this order.
The FAA shall ensure compliance with this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA Chief Secretariat, Higher and Technical Education, Puducherry - 605001 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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