Central Information Commission
Ram Prakash Singh vs University Of Allahabad on 29 May, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.: CIC/UOALD/A/2022/666365
Ram Prakash Singh .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Assistant Registrar, University of Allahabad
(Ministry of Education), Senate House Campus,
University Road, Old Katra, Prayagraj
(Allahabad)-211002 (Uttar Pradesh).
...प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 22.03.2022
CPIO replied on : 07.06.2022
First appeal filed on : 26.04.2022
First Appellate Authority order : 26.05.2022
Second Appeal received at CIC : 14.12.2022
Date of Hearing : 29.05.2023
Date of Decision : 29.05.2023
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Page 1 of 5
Information sought:
The Appellant sought following information:
• PIO furnished reply, vide letter dated 07.06.2022, as under:
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 26.04.2022.
• The FAA vide order dated 26.05.2022 held as under:Page 2 of 5
• Written submission has been received from the CPIO vide letter dated 23.05.2023, as under :
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Mr. Arjit Gupta- Authorised Representative Respondent: Mr. Haribansh Singh, CPIO/Asst. Prof., Department of Law The Authorised representative of the Appellant stated that the relevant information has not been furnished till date. He stated that in earlier RTI Application, the Appellant had only sought information relating to official website of Allahabad University and whether it was hacked, and data was stolen. He further stated in the instant RTI Application the Appellant has raised differed query and has sought information relating to Cyber Crime happened in the University of Allahabad.
The Respondent Reiterated the averments made in their written submission and stated that the information sought in the instant RTI Application has already been furnished to the Appellant in his earlier RTI Application and Second Appeal CIC/UOALD/A/2020/678057 has already been decided by this Commission. He Page 3 of 5 stated that the Appellant has simply twisted the language of his instant RTI Application and has again sought similar information from the Respondent. He submitted that it seems that the present appeal of the applicant is also nothing but intended to divert the scarce resources of the public authority for unproductive purposes, thereby, resulting in compromise of the mandate of the RTI Act for optimum use of limited fiscal resources. Further, in accordance with the principle of res judicata, the applicant has no fresh cause of action in the matter as the reply has already been provided to the applicant relating to similar query and the applicant has no issue with respect to the substance of the information provided. He further stated that the Appellant has been already informed that the website of University of Allahabad was hacked in the year 2017 but no data has been stolen.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their written submission along with annexures if any, dated 23.05.2023, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Commission, after perusal of case records and submissions made during hearing, observes that similar case has been heard by this Commission in CIC/UOALD/A/2020/678057 wherein the same Appellant had sought similar information. Furthermore, the Appellant in the aforesaid case has stated that he has received the information sought. Hence, the instant Second Appeal is barred by the principles of constructive res judicata. No fresh adjudication is required in the instant matter. Moreover, the Respondent has stated that the Appellant has been already informed that the website of University of Allahabad was hacked in the year 2017 but no data has been stolen. In view of foregoing, no further intervention of the Commission is required in this case. No further action lies.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Page 4 of 5 Authenticated true copy.
(अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 5 of 5