Central Information Commission
V P Shukla vs Banaras Hindu University on 11 November, 2022
CIC/BANHU/A/2021/135210
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/BANHU/A/2021/135210
In the matter of:
V P Shukla ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Banaras Hindu University,
O/o the Registrar, Admin
Teaching, Ajagara, Varanasi,
U.P -221005
Relevant dates emerging from the appeal:
RTI Application filed on : 25.03.2021
CPIO replied on : 20.04.2021
First Appeal filed on : 10.05.2021
First Appellate Authority order : 09.06.2021
Second Appeal received on : 28.08.2021
Date of Hearing : 18.10.2022
The following were present:
Appellant: Shri. V P Shukla, participated in the hearing through video
conference from NIC Gorakhpur
Respondent: Dr. Sanjay Kumar Yadav, Joint Registrar-Faculty of Law,
Shri. Prashant Kumar Sinha, Assistant Registrar (Academics) & Shri. Manoj
Kumar Gupta, Assistant Registrar, from Banaras Hindu University,
participated in the hearing through video conference from NIC Varanasi
Page 1 of 7
CIC/BANHU/A/2021/135210
ORDER
Information sought:
The Appellant filed an online RTI Application dated 25.03.2021 seeking information on the following four points:
"Wr.t. your reply dated 12/12/20 in RTI BANHU/R/E/20/00591, please provide following information
1) Please provide a copy of CAS application ALONG WITH ALL ATTACHMENTS/CERTIFICATES SUBMITTED TO OBTAIN API SCORE (as you have provided for Dr. Ajit Singh IN ANOTHER RTI) from Associate Professor (stage 4) to Professor (stage 5) of
a) Dr. Kailash Kumar (Dr. K.K. Gupta), Department of Medicine, IMS, BHU
b) Prof A K Pandey, Faculty of Law
2) Provide true copies of all certificates used by prof A K Pandey in support of his claims in category III E(ii) Papers presented in conferences, seminars, symposia....of his CAS application. (page 9 and 10)
3) Details and True copies of permission/NOC taken by Prof. A K Pandey for attending seminar/workshop/symposia/ conferences/educational activities during his assessment period (from stage 4 to 5) in departments/places/institutes outside Law Faculty of BHU
4) Provide details of leaves taken by Prof A K Pandey indicating station leave too, along with true copies on following dates:
i. 2004, 6-8 August ii. In 2005, 6,7,12,14,15 March 21-22 November 21 December iii. 19 Dec 2007 iv. 27-28 Sept & 14-15 Nov 2008 v. 27-28Feb & 23May to 12 June in 2009 vi. 16-17 Jan & 27Feb 2010"Page 2 of 7
CIC/BANHU/A/2021/135210 The CPIO vide online reply dated 20.04.2021, informed to the Appellant as under:
Being dissatisfied, the Appellant filed a First Appeal dated 10.05.2021. The First Appellate Authority vide order dated 09.06.2021, informed as under:Page 3 of 7
CIC/BANHU/A/2021/135210 Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for and take appropriate legal action & disciplinary action against the Respondent.Page 4 of 7
CIC/BANHU/A/2021/135210 Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he is not satisfied with the replies furnished by the Respondent with respect to the instant RTI Application as the same is misleading.
The Respondent submitted that a categorical reply with respect to the instant RTI Application has been furnished to the Appellant vide reply dated 20.04.2021 and further the First Appellate Authority vide its order dated 09.06.2021 has furnished an elaborated explanation to the Appellant. The Commission interjected that information with respect to point 3 & 4 of the RTI Application is still not furnished, to which the Respondent submitted that Point 3 of the RTI Application pertains to the Administration (Teaching) Section and the RTI Application for information on point 3 has been forwarded to the concerned section on 20.04.2021. Further, Dr. Sanjay Kumar Yadav, Joint Registrar-Faculty of Law submitted that information on point 4 of the RTI Application has not been maintained so the same cannot be provided.
The Commission further queried the Respondent whether Administration (Teaching) Section has furnished the requisite information on point 3 of the RTI Application to the Appellant, to which the Respondent replied in negative.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Respondent has furnished a reply with respect to the instant RTI Application to the Appellant Page 5 of 7 CIC/BANHU/A/2021/135210 within a stipulated time frame. However, the Commission further observes that the information with respect to point 3 & 4 of the RTI Application has not yet been furnished to the Appellant. As regards point 4 of the RTI Application, Dr. Sanjay Kumar Yadav, Joint Registrar-Faculty of Law has provided an adequate explanation and the Commission upholds the same. But point 3 of the RTI Application still remains unattended. In view of the above, the Commission deems it fit to direct the Respondent Shri. Manoj Kumar Gupta, Assistant Registrar, Banaras Hindu University to furnish the requisite information with respect to point 3 of the RTI Application to the Appellant after obtaining the same from the concerned section within a time frame of 15 days from the date of receipt of this order. With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 10.11.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 6 of 7 CIC/BANHU/A/2021/135210 Addresses of the parties:
1. The First Appellate Authority (FAA) Banaras Hindu University, Admin Teaching, Ajagara, Varanasi, U.P -221005
2. The Central Public Information Officer Banaras Hindu University, O/o the Registrar, Admin Teaching, Ajagara, Varanasi, U.P -221005
3. Mr. V P Shukla Page 7 of 7