Central Information Commission
Sushanta Prosad vs National Council For Teacher Education on 21 January, 2022
CIC/NCTED/A/2020/682429
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/NCTED/A/2020/682429
In the matter of:
Sushanta Prosad ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Under Secretary
National Council for Teacher
Education, G-7, Sector-10,
Near Sector-10 Metro Station,
Dwarka, New Delhi-75
Relevant dates emerging from the appeal:
RTI Application filed on : 07.03.2020
CPIO replied on : 16.06.2020
First Appeal filed on : 18.06.2020
First Appellate Authority order : 27.07.2020
Second Appeal received on : 19.08.2020
Date of Hearing : 20.01.2022
The following were present:
Appellant: Shri Sushanta Prosad participated in the hearing upon being contacted
on his telephone.
Respondent: Shri N.K. Sahoo, PIO and Private Secretary, participated in the
hearing upon being contacted on his telephone.
Page 1 of 7
CIC/NCTED/A/2020/682429
ORDER
Information sought:
The Appellant filed an online RTI Application dated 07.03.2020 seeking information on the following six points:
1) "How long has Assistant Professor Shipra Mondal of the History Department been working for Universal College of Education(College code-ERCAPP1725 & NCTE Recognition order No- ERC/7-150.11(II).57/2013/16702 Dated- 02/03/2013).
2) When did Universal College of Education (College code-ERCAPP1725 & NCTE Recognition order No- ERC/7-150.11(II).57/2013/16702 Dated- 02/03/2013) submit the Performance Appraisal Report (PAR).
3) Which teachers name is listed on Universal College of Education in Performance Appraisal Report (PAR).
4) Is Shipra Mondal named In the teachers list in the Performance Appraisal Report.
5) A photocopy of all the teaching staff information of the Performance Appraisal Report submitted by the Universal College of Education will be required.
6) Is the Universal College of Education submitting teaching, non teaching staffs & students bio-metric attendance every month.
If the Information is not available in your office kindly forward to the concerned public authority as per section 6(3) of the RTI Act. 2005."
The CPIO vide online reply dated 16.06.2020, informed the Appellant as under:
1) "Information pertains to affiliating body. Kindly approach the concerned affiliating body in this regard.
2) As per office record, the Institution has not submitted by Performance Appraisal Report (PAR).
3) Same as (2) above.
4) Same as (2) above.
5) Same as (2) above.
6) Kindly visit the website of the concerned institution and get the information related to instructional and infrastructure facilities, staff details, bio metric attendance etc. available with the Institution uploaded on the website under Clause 7(14) (i) of NCTE Regulation 2014."Page 2 of 7
CIC/NCTED/A/2020/682429 Being dissatisfied, the Appellant filed a First Appeal dated 18.06.2020. The First Appellate Authority vide order dated 27.07.2020, directed the CPIO as under:
"Mr. Satish Kumar, Under Secretary/Public Information Officer (ERC), NCTE is directed to furnish the appropriate reply to the applicant within 7 days in the matter from the date of issue of this letter. In case of non-compliance of this order, the matter may be placed before CIC and the penalty may be imposed according to the direction of CIC under the provision of RTI Act, 2005 (Amended from time to time). Ignore this, if the reply has already been issued to the Appellant and a copy endorsed to the First Appeal Authority."
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. The Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.
The Appellant stated that he is not satisfied with the reply provided by the Respondent. Upon queried by the Commission to substantiate his averment, he explained that the information sought in the present RTI Application pertains to one Mrs. Shipra Mondal, who was terminated without giving any prior intimation. In order to contest/challenge the said illegal termination in the higher/superior Courts, he is gathering necessary information from the concerned authorities. Upon further queried by the Commission as to how the Appellant is related to Mrs. Shipra Mondal, he further explained that he is her husband. He added that even he is also one of the employees of Universal College of Education, Malda, West Bengal.Page 3 of 7
CIC/NCTED/A/2020/682429 The Respondent reiterated the contents of the written submission dated 13.01.2022. He submitted that he will abide by the orders of the Commission, if any in the matter.
A written submission has been received by the Commission from Shri N.K. Sahoo, PIO vide letter dated 13.01.2022, wherein he has apprised the Commission as under:Page 4 of 7
CIC/NCTED/A/2020/682429 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 information sought in the present RTI Application pertains to Mrs. Shipra Mondal, who is the wife of the Appellant and is also a third party to the Appellant, as per the provisions of the RTI Act. However, the averments made by the Appellant is convincing because Mrs. Shipra Mondal was allegedly terminated by the Respondent public authority and in order to contest/challenge the said act of the Respondent public authority before the competent Court of Law, the Appellant has filed the present RTI Application on behalf of Mrs. Shipra Mondal.Page 5 of 7
CIC/NCTED/A/2020/682429 In view of the aforesaid facts and circumstances, the Commission directs the present CPIO to provide revised and specific information on point nos. 1, 2, 4 and 6 of the RTI Application to the Appellant, with a copy marked to the Commission, within 21 days from the date of receipt of this order, failing which the Commission will initiate necessary action against the delinquent official, suo motu.
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: 20.01.2022 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/NCTED/A/2020/682429 Addresses of the parties:
1. The First Appellate Authority (FAA) /Deputy Secretary National Council for Teacher Education, G-7, Sector-10, Near Sector-10 Metro Station, Dwarka, New Delhi-75
2. The Central Public Information Officer /Under Secretary National Council for Teacher Education, G-7, Sector-10, Near Sector-10 Metro Station, Dwarka, New Delhi-75
3. Mr. Sushanta Prosad Page 7 of 7