Central Information Commission
Om Prakash vs Indian Veterinary Research Institute ... on 6 February, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सूचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगानाथ माग
Baba Gangnath Marg,
मुिनरका, नई द ली -110067
Munirka, New Delhi-110067
File No.: CIC/IVTRI/A/2017/137723
Decision No.: CIC/IVTRI/A/2017/137723/00008
In the matter of:
Om Prakash
... Appellant
VS
Central Public Information Officer,
ICAR - Indian Veterinary Research Institute
Izatnagar, Bareily - 243 122
Uttar Pradesh
... Respondent
RTI application filed on : 04/02/2017 CPIO replied on : 10/02/2017 First appeal filed on : 20/02/2017 First Appellate Authority order : 04/03/2017 Second Appeal dated : 28/05/2017 Date of Hearing : 04/02/2019 Date of Decision : 05/02/2019 Appellant: Not present
Respondent: Shri Rakesh Kumar, Joint Director (Administration) and First Appellate Authority, Shri Pankaj Kumar, Senior Administrative Officer and CPIO Information Sought:
The appellant sought his own service related information and in respect of Smt. Pushpa Devi (presently working) in the department. He wants to know 1 whether the educational certificate submitted by both of them, are of the same educational institution or not. The appellant also wants the certified copies of the letter through which verification of documents of both the above employees were done and the reason for not verifying the records of both the employees at the same place.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions by Appellant and Respondent during the hearing:
CPIO submitted that appropriate reply was already provided. He further submitted that earlier also, the Appellant's second appeal involving a similar issue was adjudicated by the Commission in case nos. CIC/SH/A/2016/001471, CIC/IVTRI/A/2016/297653,CIC/SH/A/2016/001617/MP. He further submitted that after enquiry, the results of both the Appellant and Smt. Pushpa Devi were cancelled.
Observations:
The appellant in his second appeal mentioned that the earlier bench of the CIC had already issued direction in case no. CIC/SH/A/2016/001471/MP on 27-02- 2017. He requested to take the necessary immediate action and also impose a fine of Rs 25000/- according to the RTI Act, if possible, for non compliance of the said order.
The order in case no. CIC/SH/A/2016/001471/MP was as follows: "
1. The appellant, Shri Om Prakash submitted RTI application before the Central Public Information Officer (CPIO), Indian Veterinary Research Institute, Bareilly seeking action taken on his representation dated 13.12.2015 and stated that his promotion to the post of T-4 was withheld since 2007 on the grounds that his High School certificate was forged, then he approached the Gurukul University, Lucknow and got a certified copy of his high school which was sent vide letter dated 13.12.2015 and requested to get it verified from the university concerned. He further stated that Smt. Pushpa Devi also got the high school certificate from the same university, which was found in order. He requested to get his high school certificate verified from the university concerned.2
File No.: CIC/IVTRI/A/2017/137723
2. The CPIO informed the appellant that the matter was under examination and would provide the outcome to the appellant on its finalization. Aggrieved with the decision of the CPIO, the appellant approached the first appellate authority (FAA). The FAA vide order dated 03.06.2016 concurred with the decision of the CPIO.
3. Dissatisfied with the decision of the respondent authority, the appellant approached the Commission in second appeal.
4. The matter was heard by the Commission. The appellant's representative stated that on first verification of the certificate they had received a reply that the University/Board for which the appellant passed his class 10 was recognized but later wrote that it was not recognized. There was apparent contravention in the two replies. Therefore, they had asked the UP Board to confirm whether the appellant passed class 10 from a recognized institution, but had not got a reply so far. They had sent an interim reply to the appellant.
5. Having considered the submissions of both the parties, the Commission observes that the respondents had provided the information as available, as the authenticity of the high school certificate of the appellant had to be verified from the university concerned. However, the Commission recommends to the respondent authority to expedite the verification as the abnormal delay affected the appellant adversely. The appeal is disposed of."
The order in case no. CIC/IVTRI/A/2016/297653 was as follows:
"1. The appellant, Shri Om Prakash submitted RTI application before the Central Public Information Officer (CPIO) Indian Veterinary Research Institute (IVRI), Bareilly stating that the IVRI vide letter dated 15.07.2015 informed the appellant that he should not claim promotion by producing the High School certificate, and sought to know under which rule it was considered as a crime; whether he could not seek information under the RTI Act etc. through two points.
2. The CPIO informed the appellant that the IVRI vide letter dated 15.07.2017 had informed the appellant that he submitted copy of the High School supposed to have been issued by Gurukul Vishvidyalaya, Vrindavan, however, intimated that no such certificate had been issued by them. The CPIO also informed the appellant that all citizens of India had the right to get information under the RTI Act, 2005. Dissatisfied from the reply of the CPIO, the appellant filed an appeal before the first appellate authority (FAA). The FAA informed the appellant that the CPIO had replied to the appellant intimating that as per UP Board, Allahabad the High School certificate obtained by the appellant from Gurukul Kangri Vishvavidlaya was not recognized by them.3
3. Aggrieved, the appellant filed the instant appeal before the Commission on the grounds of contradictory information having been provided by the respondent authority.
4 The matter was heard by the Commission. The appellant's representative stated that the CPIO had provided unsatisfactory and incomplete and contradictory information. The respondent CPIO stated that Gurukul Vishvidyalaya, Vrindavan vide letter dated 07.02.2015 intimated that no such certificate had been issued by them. They also stated that they got the matter examined from the Secretary, UP Secondary Board, Allahabad who also confirmed vide letter dated 07.02.2017 that the High School certificate obtained by the appellant from Gurukul Vishvidyalaya was also not recognized by the UP Board, Allahabad and the CPIO had provided a copy of the same to the appellant.
6. The Commission observes that the appellant's identical RTI application had been already adjudicated by the Commission vide order dated 14.06.2017 in case No. CIC/IVTRI/A/2016/297653/MP. No action is called for on the part of the Commission in the instant appeal. The matter is closed."
The order in case no. CIC/SH/A/2016/001617/MP reads as follows:
"1. The appellant, Shri Om Prakash submitted RTI application before the Central Public Information Officer (CPIO) Indian Veterinary Research Institute (IVRI), Bareilly stating that the IVRI vide letter dated 15.07.2015 informed the appellant that he should not claim promotion by producing the High School certificate, and sought to know under which rule it was considered as a crime; whether he could not seek information under the RTI Act etc. through two points.
2. The CPIO informed the appellant that the IVRI vide letter dated 15.07.2017 had informed the appellant that he submitted copy of the High School supposed to have been issued by Gurukul Vishvidyalaya, Vrindavan, however, intimated that no such certificate had been issued by them. The CPIO also informed the appellant that all citizens of India had the right to get information under the RTI Act, 2005. Dissatisfied from the reply of the CPIO, the appellant filed an appeal before the first appellate authority (FAA). The FAA informed the appellant that the CPIO had replied to the appellant intimating that as per UP Board, Allahabad the High School certificate obtained by the appellant from Gurukul Kangri Vishvavidlaya was not recognized by them.
3. Aggrieved, the appellant filed the instant appeal before the Commission on the grounds of contradictory information having been provided by the respondent authority.
4 The matter was heard by the Commission. The appellant's representative stated that the CPIO had provided unsatisfactory and incomplete and contradictory information. The respondent CPIO stated that Gurukul Vishvidyalaya, Vrindavan vide letter dated 07.02.2015 intimated that no such certificate had been issued by them.4
File No.: CIC/IVTRI/A/2017/137723 They also stated that they got the matter examined from the Secretary, UP Secondary Board, Allahabad who also confirmed vide letter dated 07.02.2017 that the High School certificate obtained by the appellant from Gurukul Vishvidyalaya was also not recognized by the UP Board, Allahabad and the CPIO had provided a copy of the same to the appellant.
5. The Commission observes that the appellant's identical RTI application had been already adjudicated by the Commission vide order dated 14.06.2017 in case No. CIC/IVTRI/A/2016/297653/MP. No action is called for on the part of the Commission in the instant appeal. The matter is closed."
A bare reading of the above decisions reflects that the appellant is trying to redress his service related grievances by filing repeated RTI applications under the garb of seeking information under the RTI Act.
The appellant was not present to contest CPIO's submissions or to plead his case.
Decision:
On perusal of record it is observed by the Commission that appropriate pointwise reply was provided by the First Appellate Authority on 04.03.2017. No further action lies in the instant case. Appellant is advised to refrain from filing repeated RTI applications and second appeal involving the same issue. The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 5