Central Information Commission
R Peer Abbas vs Pondicherry University on 14 July, 2017
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
website-cic.gov.in
Complaint No. CIC/RM/A/2014/000495/MP
Complainant : Shri R Peer Abbas, Port Blair
Public Authority : Pondicherry University, Pondicherry
Date of Hearing : June 15, 2017
Date of Decision : July 14, 2017
Present:
Complainant : Not present.
Respondent : Not present.
RTI application : 01.08.2013
CPIO's reply : 04.09.2013
First complaint : 15.09.2013
FAA's order : 29.10.2013
Second complaint : 20.11.2013
ORDER
1. Shri R Peer Abbas, the complainant, sent a complaint dated 20.11.2013 to the Commission which was wrongly registered as an appeal by the Central Registry of the Commission. As the complainant had clearly stated it to be a complaint u/s 18 of the RTI Act, 2005, the Commission has treated it as a complaint. The complainant had sought certified copy of thesis in respect of awarding of PhD degree in Microbiology to Shri N. Muruganandam from Regional Medical Research Centre, ICMR, Port Blair and cited certain decisions of CIC in support of his request.
2. The CPIO intimated that complainant that the soft copy of the thesis in question had been sent to the UGC for posting on the website of INFLIBNET and he could refer to the same and informed the complainant that the thesis of other candidates could not be given before the award of the degree. Dissatisfied, the complainant approached the first appellate authority stating that the CPIO had deliberately declined to apply his mind whereas he had supported his request with precedence in the form of CIC decisions and in view of the fact that the CPIO had himself intimated that the thesis had been sent to UGC for posting on the website, had been made available in the university library and consented to allow him to refer the thesis in his office. The FAA upheld the decision of the CPIO and again sent a copy of the CPIO reply. Aggrieved with the response of the FAA, the complainant approached before the Commission with a request to direct the respondents to supply the information, compensate the complainant towards the precious time lost, mental agony and difficulties faced and to penalize and initiate disciplinary action against the officers.
3. The matter was heard by the Commission. Neither the respondent nor the complainant was present during the hearing in spite of notice of hearing having been sent to them.
4. The Commission finds that the CPIO had intimated the complainant that the PhD thesis would be uploaded on the INFLIBNET after the award of the degree and this activity relating to uploading of thesis was carried out every quarter, the complainant could refer to the thesis when uploaded on the net.
5. The Commission finds that the CPIOs response that the thesis would be uploaded after the award of the degree is quite appropriate as any thesis could be uploaded only it had been approved by the authorities concerned. The Commission observes that CIC in its order no. CIC/AT/A/2010/000384 has held that "A matter already brought out into the public domain either through website or through a publication, comes within the obligation cast on the public authority u/s 4(1) of the RTI Act and it would be entirely in order for that public authority to direct a petitioner to the source from where information could be obtained." The Commission, therefore, upholds the decision of the FAA. The complaisant is closed.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Dy Registrar Copy to :
The Central Public Information Officer The First Appellate Authority Pondicherry University Pondicherry University Asstt Registrar (UG Exams) Registrar R Venkataraman Nagar, Kalapet R Venkataraman Nagar, Kalapet Puducherry-605014 Puducherry-605014 Shri R Peer Abbas Buniyadabad 6/2, WT Road Post Haddo Port Blair-744102 (A&N Islands)