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Central Information Commission

G Veerabahu vs National Institute Of Technology, ... on 3 September, 2021

Author: Saroj Punhani

Bench: Saroj Punhani

                                के   ीय सूचना आयोग
                         Central Information Commission
                             बाबागंगनाथमाग , मुिनरका
                          Baba Gangnath Marg, Munirka
                           नई द ली, New Delhi - 110067

File No : CIC/NITTI/A/2020/669160

G Veerabahu                                               ......अपीलकता /Appellant



                                        VERSUS
                                         बनाम


CPIO,
National Institute of
Technology, RTI Cell,
Tiruchirappalli, Trichy - 620015.                    .... ितवादीगण /Respondent


Date of Hearing                     :   02/09/2021
Date of Decision                    :   02/09/2021

INFORMATION COMMISSIONER :              Saroj Punhani

Relevant facts emerging from appeal:

RTI application filed on            :   14/02/2020
CPIO replied on                     :   04/03/2020
First appeal filed on               :   06/03/2020
First Appellate Authority order     :   Not on record
2nd Appeal/Complaint dated          :   28/04/2020



Information sought

and background of the case:

1

The Appellant filed RTI application dated 14.02.2020 seeking the information as under;

The CPIO replied to the appellant on 04.03.2020 stating as follows-

Being dissatisfied, the appellant filed a First Appeal dated 06.03.2020. FAA's order, if any, is not available on record.

Feeling aggrieved and dissatisfied with the CPIO's reply, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerging during Hearing:

The following were present:-

Appellant: Present through audio-conference.

Respondent: Dr. M. Arivazhgen, Registrar (I/c) & CPIO along with A.Sivarajan, Assistant Registrar & APIO present through audio-conference.

The Appellant reiterated the contents of his written submission dated 24.08.2021 as under -

"In spite of the FAA ordering on 26.05.2020 to provide the information as sought by me, the Public Authority and CPIO have continuously defied the order of the FAA and have not provided the information as sought by me. Instead the Registrar of NITT had sent a copy of the report submitted by him to MHRD as information to me. Hence, till date the orders of FAA have not been implemented.

As, the then CPIO & Registrar, NITT has left NITT, I request the Commission to impose a fine on the Public Authority as I have suffered a lot. These documents will be useful for me in the Hon'ble Court as I have filed a Writ Petition challenging the cancellation of recruitment process illegally on false grounds by misleading the Board of Governors of NIT Trichy & selective use of DoPT OM on age relaxation and also civil suit damages for the mental agony.

I am enclosing the copy of my application submitted to District Court Saket as evidence in which the DSC Committee recommendations have been suppressed. Thus the authorities of NITT have no fear in violating the law of the land. The minutes of 57th BoG of NITT held in NIT Transit House New Delhi on 14.12.2019 (footer of the certified minutes submitted to the Civil Court) has been willingly certified as BoG meeting held in NIT Trichy in the affidavit by the present CPIO & Registrar and he also has willingly attested fabricated documents as genuine one in the Court of Justice which is an offence under Section 209 of IPC punishable upto a maximum of two years of imprisonment.

I request the Commission to impose a maximum fine for violating the RTI Act provisions. There are other RTI applications which are already part of my writ appeal as after refusing the information on BoG minutes and then later on uploaded on their website, not providing the Screening Committee recommendations, basic information of.."

The CPIO submitted that reply along with relevant inputs has already been given to the Appellant earlier on 4.3.2020 and later in compliance of FAA's order dated 21.05.2020 another back dated reply of 21.04.2020 was furnished to the Appellant. He apprised the Commission that the minutes of 56th BoG meeting is available in public domain and also a detailed report on the issues raised by the Appellant regarding cancellation of selection for the post of Deputy Registrar was already submitted to the Ministry of Education with a copy marked to the individuals. He further submitted that all the replied in a compiled form of written submission dated 27.08.2021 was also uploaded at the CIC's website.

The Appellant denied the receipt of the averred written submission, in response to which the CPIO at the behest of the Commission, agreed to share a complete copy of his submission with the Appellant. Decision:

The Commission based upon a perusal of facts on record observes that the reply and further submissions given by the CPIO adequately suffices the information sought for by the Appellant as per the provisions of the RTI Act.

Now, considering the proceedings during the hearing, the CPIO is directed to provide a complete copy of his written submission dated 27.08.2021 containing all the replies pertaining to the instant case, free of cost to the Appellant through email as also through speed post. The said direction shall be complied by the CPIO within 7 days from the date of receipt of this order under due intimation to the Commission.

The appeal is disposed of accordingly.

Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4