Central Information Commission
Alok Kumar Singh Kushwaha vs University Of Allahabad on 7 July, 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/UOALD/A/2019/635999 + 636000
& 636001
In the matter of:
Alok Kumar Singh Kushwaha
...Appellant
VS
Central Public Information Officer
University of Allahabad
Senate House, University Road,
Old Katra Prayagraj - 211 002, Allahabad
...Respondent
Date of hearing : 06.07.2020
Date of decision : 06.07.2020
File Nos. RTI application CPIO First Appeal FAA's Second Appeal
filed on replied on filed on Order on Dated
635999 29.10.2018 Not on 02.12.2018 Not on 09.01.2019
record record
636000 29.10.2018 Not on 02.12.2018 Not on 09.01.2019
record record
636001 29.10.2018 Not on 02.12.2018 Not on 09.01.2019
record record
Note: The above listed cases of the appellant cover similar issues raised therein, the relief sought by the appellant as well as the arguments advanced by the parties during the hearing were the same for these cases. Hence, for the sake of brevity, the cases were clubbed and adjudicated by a common order. The hearing too was conducted in a similar fashion.
The following were present:
Appellant: Present over VC 1 Respondent: Shri Shailendra Kumar Mishra, Associate Professor & the CPIO alongwith Shri Sanjay Upadhyay, Joint Registrar & the Nodal CPIO, both present over VC.
Information Sought:
In File No. CIC/UOALD/A/2019/635999, the appellant has sought the following information:
1. Pooja has been selected to the post of Assistant Professor under UR category in Computer Science subject, University of Allahabad, against the advt. No. UoA/Asst Prof./02/2017 dated 29/08/2017. Provide the application form of Pooja.
2. Richa Mishra has been selected to the post of Assistant Professor under UR category in Computer Science subject, University of Allahabad, against the advt. No. UoA/Asst Prof./02/2017 dated 29/08/2017. Provide the application form of Richa Mishra.
3. Shiv Prakash has been selected for the post of Assistant Professor under UR category in Computer Science subject, University of Allahabad, against the advt. No. UoA/Asst Prof./02/2017 dated 29/08/2017. Provide the application form of Shiv Prakash.
4. Mahendra Tiwari has been selected for the post of Assistant Professor under UR category in Computer Science subject, University of Allahabad, against the advt. No. UoA/Asst Prof./02/2017 dated 29/08/2017. Provide the application form of Mahendra Tiwari.
5. Sudhanshu Kumar Jha has been selected for the post of Assistant Professor under UR category in Computer Science subject, University of Allahabad, against the advt. No. UoA/Asst Prof./02/2017 dated 29/08/2017. Provide the application form of Sudhanshu Kumar Jha.
In File No. CIC/UOALD/A/2019/63600, the appellant has sought the following information:
1. Vandana Rathore has been selected for the post of Assistant Professor under OBC category in Computer Science subject, University of Allahabad, against the advt. No. UoA/Asst Prof./02/2017 dated 29/08/2017. Provide the application form of Vandana Rathore.
2. Vinod Kumar has been selected for the post of Assistant Professor under OBC category in Computer Science subject, University of Allahabad, 2 against the advt. No. UoA/Asst Prof./02/2017 dated 29/08/2017. Provide the application form of Vinod Kumar.
3. Sudhakar Singh has been selected for the post of Assistant Professor under OBC category in Computer Science subject, University of Allahabad, against the advt. No. UoA/Asst Prof./02/2017 dated 29/08/2017. Provide the application form of Sudhakar Singh.
In File No. CIC/UOALD/A/2019/636001, the appellant has sought the following information:
1. Pravin Kumar has been selected for the post of Assistant Professor under SC-OH category in Computer Science subject, University of Allahabad, against the advt. No. UoA/Asst Prof./02/2017. Provide the application form of Pravin Kumar.
2. Rajesh Kumar has been selected for the post of Assistant Professor under SC category in Computer Science subject, University of Allahabad, against the advt. No. UoA/Asst Prof./02/2017. Provide the application form of Rajesh Kumar.
Grounds for Second Appeal Both the CPIO and the FAA have not provided any replies.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO wherein he has claimed exemption u/s 8(1)(j) of the RTI Act.
The CPIO submitted that it was only after receipt of the CIC's hearing notice that he came to know about the present RTI application as the RTI application was originally filed with the Ministry of Human Resource Development. Neither the RTI application nor the First Appeal was forwarded to them by the Ministry. Hence, no reply was given at the relevant time. However, as soon as he received the CIC's hearing notice, all the above mentioned RTI applications were duly replied separately vide email dated 26.06.2020.
Observations:
Having heard the submissions of both the parties, it is noted that initially no reply was given to the appellant as explained by the CPIO that none of the RTI applications were received by him. It was only after receipt of the CIC's hearing 3 notice that they came to know about the above mentioned RTI applications and thereafter, prompt replies were given to the appellant, separately in each case, through email dated 26.06.2020. The Commission accepts the justification given by the CPIO. It is also noted that the reply of the CPIO is apt as the information sought by the appellant is duly covered u/s 8(1)(j) of the RTI Act, being the information related to many third parties. Hence, no relief can be given to the appellant in the present case.
Decision:
In view of the above, the Commission upholds the reply of the CPIO dated 26.06.2020 and does not find any scope for further intervention in the matter.
The appeals are disposed of accordingly.
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 4