Central Information Commission
Swapan Garain vs Ministry Of Human Resource Development on 17 September, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/MOHRD/A/2018/131480/01626
File no.: CIC/MOHRD/A/2018/131480
In the matter of:
Swapan Garain
... Appellant
VS
Central Public Information Officer
Tata Institute of Social Sciences (TISS),
Sion - Trombay Road, Deonar, Mumbai-400 088
... Respondent
RTI application filed on : 17/01/2018 CPIO replied on : 09/03/2018 First appeal filed on : 05/03/2018
First Appellate Authority order : Not on record Second Appeal dated : 14/05/2018 Date of Hearing : 16/09/2019 Date of Decision : 16/09/2019 The following were present:
Appellant: Present over VC Respondent: Shri S.B Chavan, Administrative Officer, TISS and CPIO, Shri M.P Balamurugan, Deputy Registrar and FAA, both present over VC.
Information Sought:
The appellant has sought the following information:
1. Copies of all the letters, memos, internal notes and office noting sheets alongwith internal noting on it, and copies of emails, written to and/or 1 received from TISS, Chairman, about the Appeal of Dr. Swapan Garain dated 26/09/2017 addressed to TISS Chairman, TISS.
2. Copies of all the entries (including serial number, date, from, to, subject, etc.) in Inward and outward Registers held at TISS Director's office, TISS Registrar's office and TISS Despatch Section for communication made to and received from TISS, Chairman, with regard to the Appeal of Dr. Swapan Garain dated 26/09/2017 addressed to TISS Chairman.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the response of the CPIO as misleading and irrelevant information had been provided to him. He further submitted that as he has been removed from his service, the information should be provided to him and nothing can be treated as confidential. He also submitted that there is a delay of 54 days in replying to the RTI application.
The CPIO submitted that an appropriate reply had been provided to the appellant on 09.03.2018.
Observations:
From a perusal of the relevant case records, it is noted that the reply of the CPIO is not proper. With regard to point no. 1 of the RTI application, the appellant had sought copies of all the letters, memos, internal notes and office noting sheets written to and received from TISS, Chairman regarding his Appeal dated 26.09.2017. The CPIO in his reply had stated that information is not available. This response of the CPIO is not as per the provisions of the RTI Act as even if the information was not available with him, he was bound to transfer the RTI application u/s 6(3) to the custodian of the information or he could have sought assistance u/s 5(4) of the RTI Act from its holder. However, neither of the options was opted by the CPIO. The CPIO is directed to provide copies of all the documents generated in connection with the appeal. On point no. 2, the appellant submitted that copies of the entries in inward and outward Registers in connection with his above mentioned appeal were not provided to him, infact some irrelevant information had been provided to him. The CPIO 2 File no.: CIC/MOHRD/A/2018/131480 should provide copies of the entries made in the register of the concerned Section while handling the said appeal.
It is also noted that there is a delay of 19 days in replying to the RTI application only and not of 54 days as contended by the appellant.
Decision:
Based on the above observations, the CPIO is directed to relook into the matter and provide a revised reply on both the points of the RTI application after seeking assistance u/s 5(4) of the RTI Act from the holder of the information, within a period of 15 days from the date of receipt of this order under intimation to the Commission.
The CPIO should also ensure that timely replies are provided to every RTI application as per the provisions of the RTI Act and refrain from providing delayed replies The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3