Ram Prakash Singh vs University Of Allahabad on 17 December, 2021

[Cites 6, Cited by 0]

Central Information Commission

Ram Prakash Singh vs University Of Allahabad on 17 December, 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 Nos.:(As per the Annexure)

Ram Prakash Singh ......अपीलकता/Appellant

VERSUS
बनाम

CPIO,
University of Allahabad, RTI Cell,
University Road, Old Katra, Prayagraj,
Uttar Pradesh -211002. .... ितवादीगण /Respondent

Date of Hearing : 16/12/2021
Date of Decision : 16/12/2021

INFORMATION COMMISSIONER : Saroj Punhani

Note: The instant Appeal(s) have been clubbed for decision to avoid multiplicity
of proceedings as these are based on similar RTI queries related to the same
public authority.

Relevant facts emerging from the Appeal:

S.No. File No. RTI CPIO Reply First FAA Order Appeal filed
Application Appeal on
filed on filed on

1
1. 678012 16.03.2020 Not on 27.04.2020 Not on record 15.07.2020
record
2. 678025 16.03.2020 Not on 27.04.2020 Not on record 15.07.2020
record
3. 678032 16.03.2020 Not on 27.04.2020 Not on record 15.07.2020
record
4. 678056 18.03.2020 Not on 27.04.2020 Not on record 15.07.2020
record
5. 678057 18.03.2020 Not on 27.04.2020 Not on record 15.07.2020
record
6. 678062 18.03.2020 Not on 27.04.2020 Not on record 15.07.2020
record
7. 683853 21.04.2020 Not on 14.07.2020 Not on record 01.09.2020
record
8. 683854 08.06.2020 Not on 14.07.2020 Not on record 01.09.2020
record
9. 683855 08.06.2020 Not on 14.07.2020 Not on record 01.09.2020
record
10. 683857 08.06.2020 Not on 14.07.2020 Not on record 01.09.2020
record

CIC/UOALD/A/2020/678012

Information sought

:

The Appellant filed an RTI application dated 16.03.2020 seeking information as follows;

"What was the official E-mail ID of the Registrar of the University of Allahabad that was used to inform the short-listed candidates about their candidature, the date, time, and place of the interview, etc.? When was such information sent?"

Having not received any response from the CPIO, the appellant filed a First Appeal dated 27.04.2020. FAA's order, if any, is not available on record.

2

CIC/UOALD/A/2020/678025 Information sought:

The Appellant filed an RTI application dated 16.03.2020 seeking information as follows;

"Out of the short-listed candidates, how many of them actually appeared in the interview held on the 27th day of March, 2017? Please provide their Names and E-mail IDs."

Having not received any response from the CPIO, the appellant filed a First Appeal dated 27.04.2020. FAA's order, if any, is not available on record.

CIC/UOALD/A/2020/678032 Information sought:

The Appellant filed an RTI application dated 16.03.2020 seeking the following information;

(1) Who is presently working on the post of "Placement Officer" of the University of Allahabad?

(2)Prior to his/her appointment on the post of "Placement Officer" in the University. of Allahabad, in what institutions/organizations did he/she work along with the period of working with dates and job profile in brief in that particular institution/organization?

(3) Prior to his/her appointment for the post of "Placement Officer", what was his/her total experience of working in terms of number of years, months, and days in all the institutions/organizations put together where he/she worked?

Having not received any response from the CPIO, the appellant filed a First Appeal dated 27.04.2020. FAA's order, if any, is not available on record.

CIC/UOALD/A/2020/678056 CIC/UOALD/A/2020/678057 Information sought:

The Appellant filed an RTI application dated 18.03.2020 seeking the following information;

3

(1) Had the official website of the University of Allahabad (http://www.allduniv.ac.in/) or any part thereof been hacked or any Data/Information/Password from there been stolen during the Year 2017 i.e. Two Thousand And Seventeen?

(2) If yes, when did such a hacking incident took place and when was it restored? Please specify the exact dates and brief details of all such incidences that took place during that year.

Having not received any response from the CPIO, the appellant filed a First Appeal dated 27.04.2020. FAA's order, if any, is not available on record.

CIC/UOALD/A/2020/678062 Information sought:

The Appellant filed an RTI application dated 18.03.2020 seeking the following information;

(1)Is "Anupam Dikshit" who was earlier the Director, Faculty Recruitment Cell, University of Allahabad, still holding the same post there or is he now retired from the said post? Does he still hold any post in the University of Allahabad?

(2)If he is retired, then please provide his current residential address which is there on the records of University of Allahabad? The address must be available in the records of his pension papers.

Having not received any response from the CPIO, the appellant filed a First Appeal dated 27.04.2020. FAA's order, if any, is not available on record.

CIC/UOALD/A/2020/683853 Information sought:

The Appellant filed an RTI application dated 21.04.2020 seeking the following information;

"Had the official website of the Allahabad University (http://www.allduniv.ac.in/) or any part thereof been hacked/defaced or any incidents of unauthorized access or tampering with computer source documents of the university computer system/server had happened or any Data/Database/Information/Password/Identity residing there been stolen 4 or modified or downloaded, copied, extracted without permission of the owner or any other person who is incharge of a computer, computer system or computer network during the month of MARCH, 2017 (Two Thousand And Seventeen) i.e. Between 1st March, 2017 to 31st March, 2017?"

Having not received any response from the CPIO, the appellant filed a First Appeal dated 14.07.2020. FAA's order, if any, is not available on record.

CIC/UOALD/A/2020/683854 CIC/UOALD/A/2020/683855 Information sought:

The Appellant filed an RTI application dated 08.06.2020 seeking the following information;

"Please provide photo-copies of the completely filled-in Application Form, along with all its attachments, that was submitted by the present `Placement Officer' of the University of Allahabad at the time of applying for the said post in response to the Advertisement Number AUNT 04/2016 issued by the University of Allahabad?"

Having not received any response from the CPIO, the appellant filed a First Appeal dated 14.07.2020. FAA's order, if any, is not available on record.

CIC/UOALD/A/2020/683857 Information sought:

The Appellant filed an RTI application dated 08.06.2020 seeking the following information;

"(1) Please provide the Name and Designation of the Officer who shortlisted the application forms received for the post of 'Placement Officer' in response to the Advertisement Number AUNT 04/2016 of the University of Allahabad and prepare the final list of shortlisted candidates found suitable for further action and Interview.

(2) Please provide Names and Designations of the Officers who were included in the Selection Committee formed for selecting the candidate for appointment to the post of 'Placement Officer' held on 27th March, 2017 at the Guest House of the University of Allahabad specifying clearly their roles in the selection process."

5

Having not received any response from the CPIO, the appellant filed a First Appeal dated 14.07.2020. FAA's order, if any, is not available on record.

Feeling aggrieved and dissatisfied with the non-receipt of information, the 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. Haribansh Singh, Assistant Professor & CPIO present through audio conference.

File No. CIC/UOALD/A/2020/678012 The Appellant stated that he has not receive any reply to the RTI Application till date.

The CPIO submitted that the reply to the RTI Application with the available information has been provided to the Appellant on 15.12.2021. He further expressed his regret for the delay caused in replying to the RTI Application and stated that initially the RTI Application was marked to Sushil Singh, PA to Registrar for procuring the said information on 01.06.2020. However, at the time the University was facing a number of challenges in the wake of the COVID-19 pandemic as the University was closed for several months and then it was opened in a phased manner, leading to a lot of backlog of work and due efforts were being made to handle the RTI matters expeditiously. Therefore, the final reply to the RTI Application was missed out on and upon receipt of the hearing notice the information was gathered from the concerned Assistant Registrar and provided to the Appellant.

At the behest of the Commission, the Appellant brought the attention of the CPIO towards his email address mentioned in his RTI Application to facilitate him with a copy of the reply of 15.12.2021.

6

File No. CIC/UOALD/A/2020/678025 The Appellant stated that he is dissatisfied with the reply of the CPIO as the information has been denied to him, even the information regarding the number of candidates who actually attended the interview has been denied to him.

The CPIO submitted that he will provide the available information regarding the number of candidates and reiterated the denial of the names and email addresses under Section 8(1)(j) of the RTI Act.

File Nos. CIC/UOALD/A/2020/678032 and File Nos. CIC/UOALD/A/2020/678056+ 678057 The Appellant stated that he has received the desired information and did not press for any action.

File No. CIC/UOALD/A/2020/678062 The Appellant stated that he has received the information on point no.1 of the RTI Application but is aggrieved with the denial of information on point no.2 of the RTI Application and requires the information to assist him with a Court case.

File No. CIC/UOALD/A/2020/683853 The Appellant stated that although he has received the reply but the same is not legible and the date mentioned on the cover letter should also be corrected.

The CPIO agreed to revisit the matter and reply to the Appellant accordingly.

File Nos. CIC/UOALD/A/2020/683854 + CIC/UOALD/A/2020/683855 The Appellant stated that he has not received any reply to the RTI Application till date.

The CPIO submitted that a reply was provided to the Appellant on 15.06.2020 wherein the information was denied under Section 8(1)(j) of the RTI Act.

7

File No. CIC/UOALD/A/2020/683857 The Appellant stated that he has not received any reply to the RTI Application till date.

The CPIO submitted that a reply was provided to the Appellant initially on 23.07.2020 and later in compliance with the FAA's order, a reply was provided to him on 17.08.2020 wherein the information was denied under Section 8(1)(g) of the RTI Act.

Decision:

File No. CIC/UOALD/A/2020/678012 The Commission takes grave exception to the inordinately delayed reply provided to the RTI Application by the CPIO. However, the Commission cannot lose sight of the extraordinary circumstances rendered by the COVID-19 pandemic at the time and therefore takes a lenient view in the matter considering the submissions of the CPIO.

Further, the Commission observes that the reply now provided to the RTI Application is as per the provisions of the RTI Act. However, in view of the non- receipt of the averred reply, the CPIO is directed to resend a copy of the same via email to the Appellant within 2 days from the date of receipt of this order under due intimation to the Commission.

File No. CIC/UOALD/A/2020/678025 The Commission observes from a perusal of the facts on record that the reply provided by the CPIO denying the information under Section 8(1)(j) of the RTI Act is completely appropriate. In this regard, the attention of the Appellant is drawn towards a judgment of the Hon'ble Supreme Court in the matter of Central Public Information Officer, Supreme Court of India Vs. Subhash Chandra Agarwal in Civil Appeal No. 10044 of 2010 with Civil Appeal No. 10045 of 2010 and Civil Appeal No. 2683 of 2010 wherein the import of "personal information" envisaged under Section 8(1)(j) of RTI Act has been exemplified in the context of earlier ratios laid down by the same Court in the matter(s) of Canara Bank Vs. C.S. Shyam in Civil Appeal No.22 of 2009; Girish Ramchandra Deshpande vs. Central 8 Information Commissioner & Ors., (2013) 1 SCC 212 and R.K. Jain vs. Union of India & Anr., (2013) 14 SCC 794. The following was thus held:

"59. Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive..."

Nonetheless, in view of the contentions of the Appellant, as a matter of limited relief, the CPIO is directed to inform the number of candidates who actually appeared in the interview as referred to in the respective RTI Application. The said information shall be provided free of cost to the Appellant within 15 days from the date of receipt of this order under due intimation to the Commission.

File Nos. CIC/UOALD/A/2020/678032 and File Nos. CIC/UOALD/A/2020/678056+ 678057 The Commission based on a perusal of the facts on record and the statement of the Appellant during the hearing finds no scope of intervention in the matter.

File No. CIC/UOALD/A/2020/678062 The Commission observes from a perusal of the facts on record that the reply provided by the CPIO to point no.2 of the RTI Application denying the information regarding the residential address of the third party under Section 8(1)(j) of the RTI Act is completely appropriate. In this regard also the attention of the Appellant is drawn towards the judgments of the superior Courts as already cited above.

9

File No. CIC/UOALD/A/2020/683853 In view of the hearing proceedings, the CPIO is directed to revisit the reply provided to the RTI Application and provide a revised reply in a legible manner and after incorporating the desired rectification of date. The said direction should be complied with by the CPIO within 7 days from the date of receipt of this order under due intimation to the Commission.

File Nos. CIC/UOALD/A/2020/683854 + CIC/UOALD/A/2020/683855 The Commission observes from a perusal of the facts on record that the reply provided by the CPIO denying the information regarding the third party under Section 8(1)(j) of the RTI Act is completely appropriate. In this regard also the attention of the Appellant is drawn towards the judgments of the superior Courts as already cited above.

Nonetheless, in view of the non-receipt of the reply by the Appellant, the CPIO is directed to resend a copy of the reply of 15.06.2020 via email to the Appellant within 2 days from the date of receipt of this order under due intimation to the Commission.

File No. CIC/UOALD/A/2020/683857 The Commission observes from a perusal of the facts on record that the reply provided by the CPIO withholding the names of the Selection Committee members and names of officials who shortlisted the applications forms under Section 8(1)(g) of the RTI Act is completely appropriate.

The appeal(s) are disposed of accordingly.

Saroj Punhani (सरोजपुनहािन) Information Commissioner (सूचनाआयु ) 10 Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / (Annexure) S.I. File Nos.

Nos.

1. CIC/UOALD/A/2020/678012

2. CIC/UOALD/A/2020/678025

3. CIC/UOALD/A/2020/678032

4. CIC/UOALD/A/2020/678056

5. CIC/UOALD/A/2020/678057

6. CIC/UOALD/A/2020/678062

7. CIC/UOALD/A/2020/683853

8. CIC/UOALD/A/2020/683854

9. CIC/UOALD/A/2020/683855

10. CIC/UOALD/A/2020/683857 11