Central Information Commission
Khushi Ram vs Ministry Of Social Justice & ... on 28 November, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MOSJE/A/2023/641155
Shri KHUSHI RAM ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Ministry of Social Justice & Empowerment
Date of Hearing : 26.11.2024
Date of Decision : 26.11.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 07.06.2023
PIO replied on : 04.07.2023
First Appeal filed on : 04.07.2023
First Appellate Order on : - -
2 Appeal/complaint received on
nd : 07.08.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 07.06.2023 seeking information on following points:-
1 "Intimate The Slot Allocated By Ministry To Nlu Delhi For Award Of Top Class Education Sholarship For Sc Students For The Year 2020-21. 2 Intimate Names Of Students Of Nlu Delhi Whose Applications For Top Class Scholarship For The Year 2020-21 Were Finally Approved By The Ministry Of Social Justice & Emp. Also Intimate Respective Dates Of Approval By Ministry And Dates Of Credit Of Scholarship Amounts To Their Respective Bank Accounts Through Pfms. 3 Intimate The Names Of Students Of Nlu Delhi Whose Applications For Top Class Education Scholarship For The Year 2020-21 Were Finally Approved By Ministry But Whose Scholarship Amount Has Not Been Credited To Their Respective Bank Accounts Till Today. 4 Provide Valid Documents Issued By Competent Authority Showing Reasons For Non-Credit Of The Top Class Education Scholarship Amount To The Eligible Students Of Nlu Delhi For The Year 2020-21."
The CPIO vide letter dated 04.07.2023 replied as under:-
Point 1-Total 8 slots were allotted to NLU Delhi for the year 2020-21.
Page 1 Point 2 and 3-The requested information is available with the Institute viz. NLU Delhi.
Point 4-No such information is available."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 04.07.2023. The FAA vide order dated 24.08.2024 held as under:
"The information sought vide point- 2 and 3 is available with the ministry and the same should have been provided to the applicant and the arguments put forward by the CPIO in Favor of not furnishing the reply ore not sustainable. Further, with regards to information sought under Point-4, I agree with the arguments put forward by the CPIO as till dote the scholarship has not been denied by the ministry to the eligible students of NLU, Delhi for the year 2020-27, therefore, no such document vide which the scholarship has been denied is available in the ministry." FAA further added in his ruling that thus, on the basis of full discussion made therein above, this appeal is portly allowed. CPIO, Ministry of Social Justice & Empowerment is directed to furnish the information sought under point-2 and 3 of RTI application doted 07/06/2023 immediately to the applicant"
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
In compliance of order of FAA, the PIO has furnished reply dated 25.08.2023 as under :
"2. In reference to Point-2- There 08 students of NLU, Delhi whose applications for Top Class Education Scholarship of the year 2020-21 were finally approved by the ministry. The names of the student as well as their NSP IDs are as follows:
Mr. Shubham Raj Singh UP202021006383904 Ms. Tretha Kumari MP202021007687653 Mr. Pravesh Mourya MP202021008026369 Mr. Aman HR202021007101667 Sandeep Kumar JP202021007713074 ATUL SELARE MP202021007618978 ABHIMANYU SINGAL HR202021005475695 ANURAG SINGH UP202021006295992
3. In reference of part-ii of point-2 it is informed that there is no such date available with the ministry. However the ministry may provide the date on which the sanction order was issued to the Institute viz. 28/03/2021.
4. In reference of Point-3-You are informed that following 03 students of NLU, Delhi whose application for top class education scholarship for the year 2021 were finally approved by the ministry but whose scholarship amount has not been credited to their respective bank accounts till today..."
Page 2 Written submission dated 18.11.2024 has been received from the CPIO and same has been taken on record.
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing. Respondent: Mr. Yogesh Taneja, US,MoSJE and Ms. Ratikanta J, General Manager, NSFDC- participated in the hearing.
The Appellant stated that the relevant information has not been furnished by the PIO till date. He further stated that the information sought at point No. 4 of the RTI Application has not been furnished by the PIO till date.
The Respondent stated that the relevant information from their official record has been duly provided to the Appellant. Furthermore, as regards the information sought at point No. 4 of the RTI Application the PIO, Mr. Yogesh Taneja, US, MoSJE stated that to release the scholarship, some clarification was sought from National Law University, Delhi vide email dated-05.10.2023, However no reply has been received from NLU, Delhi and the matter is still pending with NLU, Delhi. He affirmed to furnish updated information with respect to point No. 4 of the RTI Application.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Commission, after perusal of case records and submissions made during hearing, directs the concerned PIO to revisit the instant RTI Application and provide updated information with respect to point No. 4 of the instant RTI Application , as available in their records, with regards to the instant RTI Application, to the appellant, free of cost via speed post, within 60 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO. In doing so PIO must make sure that information which is exempted from disclosure under RTI Act, 2005 must not be disclosed to the Appellant and same must be redacted under section 10 of the RTI Act, 2005 prior to the said disclosure.
However, as regards the other points of the RTI application the Commission is of the considered opinion that an appropriate response as per the provision of the RTI Act has ben duly provided to the Appellant. The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 3 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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