Central Information Commission
Ramesh Chandra Santore vs Indian Institute Of Management, ... on 17 September, 2020
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
File no.: CIC/IIMKO/A/2019/101874 + 642707
In the matter of:
Ramesh Chandra Santore
... Appellant
VS
Central Public Information Officer
Indian Institute of Management
Calcutta P.O., Joka, DH Road, Kolkata - 700 104
...Respondent
RTI application filed on : 20/09/2018, 10/03/2019 CPIO replied on : Not on Record First appeal filed on : 30/11/2018, 11/04/2019 First Appellate Authority order : Not on Record Second Appeal dated : 11/01/2019, 11/06/2019 Date of Hearing : 15/09/2020 Date of Decision : 15/09/2020 The following were present:
Appellant: Not present Respondent: Shri Animesh Banerjee, Manager (Personnel) and CPIO, present over VC Information Sought in File no. 101874:
The appellant has sought the following information pertaining to his son Kapil Santore who has been a student of IIM, Kolkata
1. The Cumulative Grade Points Average (CGPA) of his son Kapil has been downgraded on account of shortage of attendance. Provide the details about the number of days of absence upto which CGPA is not downgraded.
2. Copy of the log file of Online Academic Management System for the first term of academic session 2017-19 in respect of his son.1
3. The attendance system has not been updated for 15 days. As to when this information has been provided to his son.
4. And other related information.
Information Sought in File no. 642707:
The appellant has sought the following information pertaining to his son Kapil Santore who has been a student of IIM, Kolkata
1. The Cumulative Grade Points Average (CGPA) of his son Kapil has been downgraded on account of shortage of attendance. Provide the details about the number of days of absence upto which CGPA is not downgraded. Give details of the intimation sent to the student and parents in this regard.
2. Copy of the log file of Online Academic Management System for the first term of academic session 2017-19 in respect of his son.
3. The attendance system has not been updated for 15 days. As to when this information has been provided to his son.
4. And other related information.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not present despite duly served notice on 24.08.2020 vide speed post acknowledgment no. ED596697258IN.
The appellant is aggrieved as his son was failed in the exam due to shortage of attendance and was asked to sit for the exam again. He mentioned that his son participated in sports in Bangalore and the expenditure was also incurred by the Institute. He further mentioned that due to this his son's career is destroyed and he has also had to face Rupees Thirty Lakhs loss. In view of the same he has the right to know that how the same happened.
The CPIO during the hearing could not provide a cogent explanation for not providing a timely reply to both the RTI applications. Moreover, the first appeal was also not disposed of.
Observations:
The CPIO should provide a point-wise reply and provide documents as available on record in respect of both the RTI applications. Moreover, not providing any reply by the CPIO is not excusable.2
Interim Decision:
In view of the above observations, the concerned CPIO is liable for his failure to provide a reply which is quite unpardonable. It also has been noted that the FAA also has not passed any order on the first appeals at that relevant point of time and hence has caused grave miscarriage of justice. The FAA of the public authority in complete violation of the RTI Act had kept the first appeal unattended, which is unbecoming of an Appellate Authority whose prescribed duty is to dispose of the first appeal under the statute. The CPIO's conduct in not providing a reply on the RTI Application, amounts to gross violation of the provisions of the RTI Act. In view of this, the Commission directs the CPIO to appear before the bench on 29/09/2020 at 01-40 P.M through VC (NIC VC Video, 7th floor, First MSO Building, CGO Complex, Nizam Palace, 234/4 AJC Bose Road, Kolkata - 700020) to show cause as to why action should not be initiated against him under Section 20(1) and (2) of the RTI Act. The CPIO is also directed to send a copy of all supporting documents upon which he chooses to rely upon during the hearing. The said documents be sent to the Commission atleast two days prior to the hearing via linkpaper. If any other persons are responsible for the said omission, the CPIO shall serve a copy of this order on such persons to direct their presence before the bench as well.
The cases are adjourned 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