Central Information Commission
Neelesh vs National Institute Of Fashion ... on 4 May, 2023
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क ीय सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका,
नरका नई द ली - 110067
Munirka, New Delhi-110067
File no.: CIC/NIFTY/C/2022/643459
In the matter of
Neelesh
... Complainant
VS
CPIO
National Institute of Fashion Technology,
NIFT Campus, Plot 3B, Block LA, Sector III,
Salt Lake City, Kolkata - 700106
... Respondent
RTI application filed on : 30/06/2022 CPIO replied on : 04/08/2022 First appeal filed on : 30/07/2022 First Appellate Authority order : 18/08/2022 Complaint filed on : 08/08/2022 Date of Hearing : 04/05/2023 Date of Decision : 04/05/2023 The following were present: Complainant: Absent
Respondent: Brijesh Deore, Jt. Director/CPIO-Present over VC Information Sought:
The Complaint has sought the following information:
- Provide the name, category and rank of the candidates who were admitted in UG Programme Textile Design (B.Des TD) in the year 2013 in NIFT, Kolkata.
Grounds for filing Complaint:
The CPIO did not provide the desired information under Section-8(1)(e) and Section-8(1)(j) of the RTI Act, 2005.1
Submissions made by Complainant and Respondent during Hearing: The complainant in his complaint had stated that he was not satisfied with the manner in which his RTI application and first appeal were handled by the respondent. He however failed to attend the hearing of the Commission despite due service of the notice of hearing sent to him vide speed post no. ED364904608IN.
The CPIO stated that vide email dated 04.08.2022, the complainant was apprised that the number of students who had taken admission in the UG Programme Textile Design in the year 2013 was 31. He stated that the personal details of the candidates were not provided citing the exemption under Section-8(1)(e) and Section-8(1)(j) of the RTI Act, 2005. On being questioned about the delay in sending a reply to the complainant, he stated that the custodian of the sought for information was NIFT Head Office and the actual time taken to obtain the information and supply thereof was 36 days from the date of receipt of the RTI application.
A written submission reiterating the same has been received from the CPIO vide letter dated 03.05.2023 and taken on the record of the Commission. On being questioned if the copy of the aforesaid submissions was sent to the complainant, he replied in the affirmative. Observations:
Keeping in view the facts of the case and after hearing the submissions of the CPIO, the Commission noted that the CPIO vide email dated 04.08.2022 had given the number of the students who had taken admission in the said course to the complainant. The personal details of the candidates including their name, category and rank were not given due to the exemption clauses Section- 8(1)(e) and Section-8(1)(j) of the RTI Act, 2005. The CPIO explained the reasons for the denial of information as well as delay in sending reply during the hearing. The Commission was satisfied with the explanation adduced by the CPIO in this regard.
Apropos the contents of the complaint, the Commission observed that the instant matter was filed under Section 18 of the RTI Act, 2005 where the Commission was only required to ascertain if the information has been denied with a malafide intent or due to an unreasonable cause or under any other clause of Section-18. Since records of the case do not indicate any such deliberate denial or concealment of information on the part of the CPIO, the Commission concluded that there was no cause of action which would 2 necessitate action under the provisions of the Section 20(1) of the RTI Act, 2005.
Decision:
In view of the above, no adverse action against the CPIO is warranted under the provisions of Section-18 of the RTI Act, 2005. The complaint is disposed of accordingly.
वनजा एन.
Vanaja N. Sarna (वनजा एन सरना) सरना सूचना आयु ) Information Commissioner (सू Authenticated true copy (अिभ मािणत स यािपत ित) A.K. Assija (ऐ.के . असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3