Central Information Commission
Faisal Khan vs Aligarh Muslim University on 29 August, 2024
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/ALMUV/A/2023/651041+
CIC/ALMUV/C/2023/651040
Faisal Khan ... अपीलकता /Appellant
VERSUS
बनाम
CPIO:
Aligarh Muslim University, ... ितवादीगण/Respondents
Aligarh, UP
Relevant dates emerging from the appeal:
RTI : 15.08.2023 FA : 19.09.2023 SA : Nil
CPIO : 04.09.2023,
FAO : 11.10.2023 Hearing : 14.08.2024
06.09.2023, 09.09.2023
The instant set of complaint/Appeal have been clubbed for decision as these relate
to the same subject matter.
Date of Decision: 27.08.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 15.08.2023 seeking information on the following points:
(i) Advertisement No. 4/2015 dated 15.07.2015 of the post of Security Assistants in Proctor office, AMU, Aligarh. Provide the court case, writ petition, PIL. Provide the current status.Page 1 of 4
(ii) An FIR was lodged in the Police Station, Civil Line, Dodhpur, Aligarh Against S. Mehboob Ali. But AMU authority selected the S Mehboob Ali. Provide the Fact Finding Committee before joining.
(iii) An FIR was lodged in the police station, Civil Lines, Dodhpur, Aligarh against S. Mehboob Ali (En. No. Z-3894) on the charges of fake marksheet submitted in admission section during academic session 1998-99. Vide LD/NO.2303/ADM Dated: 12.02.2001. S Mehboob Ali ID. No. 16138 is working in the proctor office, AMU, since 13/06/2001. Provide the NOC by vice chancellor/Proctor/ Registrar at time of joining and after Joining.
(iv) An FIR was lodged in the police station, Civil Lines, Dodhpur, Aligarh against S. Mehboob Ali. Provide the terminate report. And suspended report.
(v) As per Vide LD/NO.2303/ADM Date.12.02.2001 all the criminal activity he committed within AMU, Aligarh. But at the time of selection, proctor office did not check any criminal background. Provide information.
..., etc./ other related information
2. The CPIO, O/o the Registrar, Legal Section, AMU, Aligarh University replied vide letter dated 04.09.2023 and the same is reproduced as under:-
"A Case in the Hon'ble High Court of Judicature at Allahabad is pending. However, the rest of the information can not be provided as its attracts Section 8(1)(j) of the RTI Act, 2005. Besides this, in a similar case, the Hon'ble Central Information Commission (CIC) has expressed dismay for providing such information."
2.1 The CPIO, O/o the Controller of Examinations (Admission Section), AMU, Aligarh University replied vide letter dated 06.09.2023 and the same is reproduced as under:-
"The reply on same queries of your RTI application dated 14.12.2022 has already been sent to you vide this office D. No. 323/Adm/RTI/MK dated 20.01.2023."Page 2 of 4
2.2 The CPIO, (S.O., Admin) O/o the Registrar, Selection Committee Section (Non- Teaching), AMU, Aligarh University replied vide letter dated 09.09.2023 and the same is reproduced as under:-
vi: The post of Security Assistant, Proctor's Office advertised vide Advertisement no. 4/2015 dated 15.07.2015. Mr. S. Mahmoob Ali was recommended by the General Selection Committee for appointment on the said post after follow the standard selection procedure, which is available on the University website and may kindly be downloaded from- www.api.amu.ac.in/storage//file/10103/file_management/1635404062.pdf However, as per advertised qualifications Mr. S. Mahboob Ali passed the High School from AMU in the year 1998. In his marksheet the name of his father, mother and the DOB was mentioned.
xi: CPIO is not duty-bound to give reasons/explanations. He/She can only provide the information available on record.
xii: As per records available Mr. S. Mahboob Ali passed the High School from AMU in the year 1998.
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 19.09.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 11.10.2023 upheld the reply given by the CPIO.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated Nil.
5. The appellant remained absent during the hearing despite notice and on behalf of the respondent Mr. Qazi Zubai Ahmad, Section Officer, Admin Section, attended the hearing through video conference.
6. The respondent while defending their case inter alia submitted that the appellant had filed multiple RTI applications on same subject matter just to harass the department, however, all the RTI applications had been responded within stipulated time. He further Page 3 of 4 submitted that instant RTI application was also responded by the CPIOs vide letters dated 04.09.2023, 06.09.2023, 09.09.2023.
7. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that the CPIO has provided an appropriate reply to the RTI Application as per the provisions of the RTI Act vide letters dated 04.09.2023, 06.09.2023, 09.09.2023. It was not the case that the respondent had not given any reply to the Complainant/appellant and no mala fide could be attributed to the decision taken by them. Further, in the absence of the complaint/appellant to plead his case or contest the CPIO's submissions, the Commission finds no scope of intervention in the matter. With this observation, the appeal & complaint is dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 27.08.2024
Authenticated true copy
Col S S Chhikara (Retd) कन ल एस एस िछकारा, ( रटायड )
Dy. Registrar (उप पंजीयक)
011-26180514
Addresses of the parties:
1. CPIO (Under RTI Act, 2005)
Nodal Officer (RTI Cell)
Aligarh Muslim University,
Aligarh, UP-202002
2. Faisal Khan
Page 4 of 4
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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