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Central Information Commission

Aadarsh Mishra vs Dr. B.R. Ambedkar University Delhi on 3 April, 2025

                             के ीय सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                         नई िद      ी, New Delhi - 110067


File No: CIC/AMUND/A/2023/146900

Aadarsh Mishra                                         .....अपीलकता/Appellant

                                         VERSUS
                                          बनाम


PIO,
Dr. B.R. Ambedkar University
(AUD), Kashmere Gate,
Date - 110006                                          .... ितवादीगण /Respondent

Date of Hearing                      :    25.03.2025
Date of Decision                     :    02.04.2025

INFORMATION COMMISSIONER :                Vinod Kumar Tiwari

Relevant facts emerging from appeal:

RTI application filed on             :    13.02.2023
CPIO replied on                      :    10.03.2023, 04.09.2023
First appeal filed on                :    28.03.2023
First Appellate Authority's order    :    25.08.2023
2nd Appeal/Complaint dated           :    04.12.2023

Information sought

:

The Appellant filed an RTI application dated 13.02.2023 (offline) seeking the following information:
"1. Provide the name of the body/cell/committee, etc., which deals with/decides the grievances/complaints against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD).
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2. Provide the date when the body/cell/committee, etc., was formed which deals with/decides the grievances/complaints against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD); the names, emails and phone numbers of its members; the date and minutes of all the meetings of the body/cell/committee, etc. till date; and the tenure of the body/cell/committee, etc.
3. Provide the number of complaints filed by the students at Dr. B. R. Ambedkar University Delhi (AUD) against sexual harassment and misconduct they have faced in the years 2019, 2020, 2021, 2022 and 2023.
4. Provide the number of complaints filed by the students at Dr. B. R. Ambedkar University Delhi (AUD) which are pending for redressal for the years 2019, 2020, 2021, 2022 and 2023.
5. Provide the date when each complaint against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD) filed by the students was received in the years 2019, 2020, 2021, 2022 and 2023 and its status (whether decided/disposed off or pending).
6. Provide the number of complaints against sexual harassment filed by the students at Dr. B. R. Ambedkar University Delhi (AUD) which were finally decided/disposed off in the years 2019, 2020, 2021, 2022 and 2023.
7. Provide the number of meetings which were held in the years 2019, 2020, 2021, 2022 and 2023 regarding the complaints filed by the students against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD). Provide the status of compliance in each case the complaint was decided/disposed off.
8. Provide the number of complaints filed by the clerical staff at Dr. B. R. Ambedkar University Delhi (AUD) against sexual harassment and misconduct they have faced in the years 2019, 2020, 2021, 2022 and 2023.
9. Provide the number of complaints filed by the clerical staff at Dr. B. R. Ambedkar University Delhi (AUD) which are pending for redressal for the years 2019, 2020, 2021, 2022 and 2023.
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10. Provide the date when each complaint against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD) filed by the clerical staff was received in the years 2019, 2020, 2021, 2022 and 2023 and its status (whether decided/disposed off or pending).
11. Provide the number of complaints against sexual harassment filed by the clerical staff at Dr. B. R. Ambedkar University Delhi (AUD) which were finally decided/disposed off in the years 2019, 2020, 2021, 2022 and 2023.
12. Provide the number of meetings which were held in the years 2019, 2020, 2021, 2022 and 2023 regarding the complaints filed by the clerical staff against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD). Provide the status of compliance in each case the complaint was decided/disposed off.
13. Provide the number of complaints filed by the security staff at Dr. B. R. Ambedkar University Delhi (AUD) against sexual harassment and misconduct they have faced in the years. 2019, 2020, 2021, 2022 and 2023.
14. Provide the number of complaints filed by filed by the security staff at Dr. B. R. Ambedkar University Delhi (AUD) which are pending for redressal for the years 2019, 2020, 2021, 2022 and 2023.
15. Provide the date when each complaint against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD) filed by the security staff was received in the years 2019, 2020, 2021, 2022 and 2023 and its status (whether decided/disposed off or pending).
16. Provide the number of complaints against sexual harassment filed by the security staff at Dr. B. R. Ambedkar University Delhi (AUD) which were finally decided/disposed off in the years 2019, 2020, 2021, 2022 and 2023.
17. Provide the number of meetings which were held in the years 2019, 2020, 2021, 2022 and 2023 regarding the complaints filed by the security staff against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD). Provide the status of compliance in each case the complaint was decided/disposed off.
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18. Provide the number of complaints filed by the sanitation workers/housekeeping staff at Dr. B. R. Ambedkar University Delhi (AUD) against sexual harassment and misconduct they have faced in the years 2019, 2020, 2021, 2022 and 2023.
19. Provide the number of complaints filed by the sanitation workers/housekeeping staff against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD) which are pending for redressal for the years 2019, 2020, 2021, 2022 and 2023.
20. Provide the date when each complaint against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD) filed by the sanitation workers/housekeeping staff was received in the years 2019, 2020, 2021, 2022 and 2023 and its status (whether decided/disposed off or pending)..
21. Provide the number of complaints against sexual harassment filed by the sanitation workers/housekeeping staff at Dr. B. R. Ambedkar University Delhi (AUD) which were finally decided/disposed off in the years 2019, 2020, 2021, 2022 and 2023.
22. Provide the number of meetings which were held in the years 2019, 2020, 2021, 2022 and 2023 regarding the complaints filed by the sanitation workers/housekeeping staff against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD). Provide the status of compliance in each case the complaint was decided/disposed off.
23. Provide the number of complaints filed by the teaching staff at Dr. B. R. Ambedkar University Delhi (AUD) against sexual harassment and misconduct they have faced in the years 2019, 2020, 2021, 2022 and 2023.
24. Provide the number of complaints filed by the teaching staff against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD) which are pending for redressal for the years 2019, 2020, 2021, 2022 and 2023.
25. Provide the date when each complaint against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD) filed by the teaching staff was received in the years 2019, 2020, 2021, 2022 and 2023 and its status (whether decided/disposed off or pending).
26. Provide the number of complaints against sexual harassment filed by the teaching staff at Dr. B. R. Ambedkar University Delhi (AUD) which Page 4 of 7 were finally decided/disposed off in the years 2019, 2020, 2021, 2022 and 2023.
27. Provide the number of meetings which were held in the years 2019, 2020, 2021, 2022 and 2023 regarding the complaints filed by the teaching staff against sexual harassment at Dr. B. R. Ambedkar University Delhi (AUD). Provide the status of compliance in each case the complaint was decided/disposed off."

The CPIO furnished a point-wise reply to the Appellant on 10.03.2023 stating as under:

"Point No.1 & 2 (i) The link of the notification is:- https://aud.ac.in/icc
(ii) The email id of ICC is [email protected].
(iii) Further, some of the information asked by the applicant was not specific. The applicant may ask specific information.

Point No.3 to 27 The information asked by the applicant is not specific and vague in nature. The applicant may ask specific information."

Being dissatisfied, the appellant filed a First Appeal dated 28.03.2023. The FAA vide its order dated 25.08.2023, held as under:

"Keeping in view the facts of the case and the application submitted by the respondent, the FAA is of the view that PIO is to provide the information as per available records. Further, the PIO is hereby directed to provide the reply timely in accordance with the spirit of transparency and accountability as enshrined under RTI Act 2005. The Appellant is advised that if he is not satisfied with the information, he may prefer a corrigendum appeal to the undersigned.
The Appeal stands disposed accordingly."

In compliance of FAA's order, the PIO furnished a revised reply to the appellant on 04.09.2023 by stating as under:

"Point No. 1 & 2: (i) The link of the notification is:-
https ://aud.ac.in/icc
(ii) The email id of ICC is [email protected]
(iii) Composition of ICC is as follows: As per UGC regulations, the composition of the ICC is as under:
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(a)A Presiding Officer who shall be a woman faculty member employed at a senior level (not below a Professor in case of a university, and not below an Associate Professor or Reader in case of 'a college) at the educational institution, nominated by the Executive Authority.

• Professor Tanuja Singh, Dean, School of Undergraduate Studies.

(b) Two faculty members and two non-teaching employees, preferably committed to the cause of women or who have had experience in social work or have legal knowledge; nominated by the Executive Authority. • Dr. Richa Awasthy, Associate Professor, SBPPSE. • Dr. Oinam Hemlata Devi, Associate Professor, SHE. • Sh. Bipul Kumar Srivastav, Deputy Registrar (General Administration). • Anshu Singh, Assistant Registrar (VCO).

(c) Three students, if the matter involves students, who shall be enrolled at the undergraduate, masters and research scholar levels respectively, elected through transparent democratic procedure. • To be nominated by the Competent Authority on case to case basis.

(d) One member from amongst non-government organizations or associations committed to the cause of women issues or a person familiar with the issues relating to sexual harassment, by the Executive Authority. • Professor Arvinder Kaur, University School of Information, Communication and Technology, GGSIP University School Delhi.

Point No. 3 to 27: The annual Report of Year 2019-20, 2020-21, 2021-22 & 2- 22-23 as available in the records is attached."

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-
Appellant: Represented by Shri Mohd. Bilal, present in person. Respondent: Shri Anshu Singh, AR/PIO along with Prof. Dr. Tanuja Singh, Chair (ICC), Prof. Abhishek Bhardwaj, AR (Estate) and Shri Sudhir Kumar, AR (HR), AUD, Kashmere Gate Campus, Delhi present in person.

The representative of the appellant stated that he is gathering the information for his own research through appellant, and he is aggrieved by the fact that Page 6 of 7 complete information in the desired format has not been provided to him till date.

The respondent submitted that information as is available on record including details of committee members and annual report regarding the status of complaints received/ disposed, etc. has already been provided to the appellant vide letters dated 10.03.2023 and 04.09.2023 respectively. No additional information is available at their end.

Decision:

The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records finds no infirmity in the replies provided to the appellant by the respondent vide letters dated 10.03.2023 and 04.09.2023 as the same were found to be in consonance with the provisions of RTI Act. It is noteworthy that the CPIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the Appellant.

In view of the above, no relief can be granted in the matter.

The appeal is disposed of accordingly.

Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:

The FAA, Registrar, Dr. B.R. Ambedkar University (AUD), Kashmere Gate, Date - 110006 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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