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Central Information Commission

Dr. Gopal Rawat vs National Institute Of Technology, ... on 29 November, 2021

Author: Saroj Punhani

Bench: Saroj Punhani

                                  के   ीय सूचना आयोग
                           Central Information Commission
                               बाबागंगनाथमाग , मुिनरका
                            Baba Gangnath Marg, Munirka
                             नई द ली, New Delhi - 110067


File No : CIC/NITSC/A/2020/674173

Dr. Gopal Rawat                                   ......अपीलकता /Appellant


                                            VERSUS
                                             बनाम


CPIO,
National Institute of Technology
Silchar, RTI Cell, NIT Road, Fakiratilla,
Silchar, Assam - 788010.                                 .... ितवादीगण /Respondent


Date of Hearing                      :      25/11/2021
Date of Decision                     :      25/11/2021

INFORMATION COMMISSIONER :                  Saroj Punhani

Relevant facts emerging from appeal:

RTI application filed on             :      24/03/2020
CPIO replied on                      :      N.A.
First appeal filed on                :      29/04/2020
First Appellate Authority order      :      N.A.
2nd Appeal/Complaint dated           :      14/06/2020



Information sought

:

The Appellant filed an online RTI application dated 24.03.2020 seeking information pertaining to the ST candidates serving NIT Silchar as an assistant professor under probation period what are the documented policies/rules for the following:

1. Issuing and not issuing NOC for his future job opportunities.

2. Issuing and not issuing NOC for his further study opportunities/ scholarships.

3. Termination of ST candidate/employee.

4. Relieving of ST candidate/employee.

5. Resignation of ST candidate/employee.

6. Resignation with immediate effect for ST candidate/employee.

7.Relieving and Resignation with immediate effect for ST candidate/employee.

Having not received any response from the CPIO, the appellant filed a First Appeal dated 29.04.2020. FAA's order, if any, is not available on record.

Feeling aggrieved and dissatisfied with the non-receipt of information, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerging during Hearing:

The following were present:-

Appellant: Present through audio-conference. Respondent: Pulak Nath, Assistant Registrar & CPIO present through audio- conference.

The Appellant stated that no reply has been received in response to the instant RTI Application till date.

The CPIO submitted that he has assumed the charge only in October,2021 after the resignation of Sanjay Srivastava, the then CPIO. He further submitted that upon receipt of the CIC's notice of hearing, he has provided a reply to the RTI Applications online on 22.11.2021 informing him that "NIT Silchar is governed by NIT Act and Statute which is available in the institute website".

The CPIO furthermore advised the Appellant to view the averred reply on the online portal.

Decision:

The Commission at the outset records severe admonition for Sanjay Srivastava, the then CPIO for prima-facie causing grave violation of the provisions of the RTI Act and for obstructing the Appellant's right to information. The present CPIO is directed to serve a copy of this order to the then CPIO on his present address within 2 days of the receipt of this order under due intimation to the Commission.

Further, upon a perusal of the facts on record that the information sought for in the RTI Application does not conform to Section 2(f) of the RTI Act as the Appellant has sought for clarifications and inferences to be provided by the CPIO. Nonetheless, the reply provided by the CPIO adequately suffices the information sought for by the Appellant as per the provision of RTI Act.

However, considering the contention of the Appellant during the hearing, the CPIO is directed to send a copy of the reply of 22.11.2021 free of cost to the Appellant through speed/registered post and via email along with a revised reply indicating the specific website hyperlink wherefrom the rules and regulations regarding ST candidates serving as Assistant Professor under Probation Period to the Respondent Institute can be accessed. The said direction should be complied with by the CPIO within 7 days from the date of receipt of this order under due intimation to the Commission.

Lastly, the CPIO is advised to exercise due diligence while replying to the RTI Applications in future by ensuring that wherever email address of the applicants is available, a copy of the reply is also sent via email to facilitate ease of access to the applicants.

The appeal is disposed of accordingly.

Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) 3 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4