Central Information Commission
Mr.Akhil Kumar Agarwal vs Ministry Of Human Resource Development on 15 May, 2012
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Adjunct to Complaint: No. CIC/DS/C/2012/000423
Appellant /Complainant : Shri Akhil Kumar Agarwal, Muzaffarnagar
Public Authority : H.N.B.Garhwal University, Srinagar
(Dr. Y.S. Paraswan, CPIO, Dr.J.K. Singh, CPIO &
Dr.
A.K.Malhotra,CPIO - through videoconferencing)
Date of Hearing : 15 May 2012
Date of Decision : 15 May 2012
Facts:
1. Further to Commission's show cause notices issued by order of even number dated 10 April 2012, both CPIOs appeared before the Commission and made submissions. CPIO stated that the RTI application was dated 13 January 2012 and on the very same day the file had been sent to the Legal cell on account of the fact that the appellant had filed case in a court of law. However the original documents of the appellant's daughter were delinked from the file and returned to her.
2. Subsequently when the file was received back, all original documents were forwarded to the appellant on 13 March 2012 and following the commissions order, complete information running into 86 pages was provided to the appellant on 27 April 2012.
Decision notice
3. Respondent has submitted that delay in furnishing of information to the appellant was a on account of the fact that due to the filing of court case, the file was Adjunct to Complaint: No. CIC/DS/C/2012/000423 not available to the CPIO. The CPIO legal cell was obliged to pass on the requested information to the appellant and he also was asked to do so by the CPIO vide his letter of 9 February 2012. The CPIO, Legal cell states that the relevant file was handed over to the University legal counsel at Nainital in anticipation of the filing of the petition and preparing counter affidavit on the matter. It was admitted that the University had erred in presuming that the case was closed after the judgement of the High Court and compliance by the University. Commission accepts the explanation as credible and drops the proposed penalty proceedings with a warning to the CPIO, legal cell to be more careful in future while discharging his responsibilities under the RTI Act.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Akhil Kumar Agarwal 5, Sarwat Gate, Abkari Road Opp: Janta Sewak Dal, Muzaffarnagar251002 (UP)
2. The CPIO H. N. B.Garhwal University Srinagar246174 Garhwal) Uttarakhand.
3. The CPIO Adjunct to Complaint: No. CIC/DS/C/2012/000423 H. N. B.Garhwal University Legal Cell, Srinagar246174 Garhwal) Uttarakhand.
4. The Appellate Authority H. N. B. Garhwal University Srinagar246174 Garhwal) Uttarakhand.
Adjunct to Complaint: No. CIC/DS/C/2012/000423