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Chitresh Kumar vs Jawaharlal Nehru University, New Delhi on 20 May, 2021

Author: Saroj Punhani

Bench: Saroj Punhani

                              के   ीय सूचना आयोग
                       Central Information Commission
                           बाबागंगनाथमाग , मुिनरका
                        Baba Gangnath Marg, Munirka
                         नई द ली, New Delhi - 110067


File No: CIC/JNUND/A/2019/152526

Chitresh Kumar                                         .....अपीलकता /Appellant



                                       VERSUS
                                        बनाम


CPIO,
Dy. Registrar (Legal Cell)
Jawaharlal Nehru University, RTI
Cell, Room No. 133, Admn. Block,
New Delhi - 110067.                          .... ितवादीगण /Respondent


Date of Hearing                    :   20/05/2021
Date of Decision                   :   20/05/2021

INFORMATION COMMISSIONER :             Saroj Punhani

Relevant facts emerging from appeal:
RTI application filed on        : 19/06/2019
CPIO replied on                 : 25/07/2019
First appeal filed on           : 26/08/2019
First Appellate Authority order : 04/09/2019
2nd Appeal/Complaint dated      : 04/10/2019



                                         1
 Information sought

and background of the case:

The Appellant filed an RTI application dated 19.06.2019 seeking information as follows:

".........िच ेश कु मार सतलज छा ावास, म नंबर-134 के ारा कए गए िव िव ालय म सम त िशकायत पर कए गए काय!वाही क$ छाया %ित व य द उनके िशकायत पर काय!वाही नह( )ई तो उसके कारण को िलिखत म उपल.ध कराने का क$ कृ पा कर |िवशेष प से छा ावास अधी3को (सतलज छा ावास) के ारा क$ गई काय!वाही और चीफ xx (जेएनयू) ारा क$ गई काय!वाही क$ जानकारी %दान कर |"

The CPIO provided a reply to the appellant on 25.07.2019. Being dissatisfied, the appellant filed a First Appeal dated 26.08.2019. FAA's order dated 04.09.2019 stated as follows:-

".........it has been decided by the FAA that an appeal meeting with the appellant and all concerned deemed PIOs may be convened to discuss the RTI application as well as 1st appeal of Shri Chitresh Kumar. Accordingly, the appeal meeting as scheduled, was held on 04.09.2019 at 11:00 AM wherein Shri Chitresh Kumar (Appellant), Shri Naveen Kumar, Section Officer (IHA), Dr. H. Sharma, First Appellate Authority and Dr. Abha Yadav CPIO were present. The RTI application was discussed in detail and during the course of discussion the appellant informed the FAA that he had made several complaints in JNU and will submit a detailed table in this regard to the office of CPIO within a period of 15 days.

In view of the above, it has been decided by the FAA that on receipt of details of complaints from Shri Chitresh Kumar, the same may be processed and forward to the concerned Deemed PIOs of the University for providing the desired information/reply to the appellant as per the provisions of RTI Act, 2005."

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

Relevant Facts emerging during Hearing:

The following were present:-

Appellant: Not present. (Despite repeated calls to the Appellant on his contact number as indicated in the Second Appeal/Complaint, but the same was not reachable) Respondent: Represented by Dr. Sajjan Singh, Assistant Registrar & CPIO, IHA along with Dr. Asheesh Kumar, Senior Warden & Faculty Member, Vakil Ahmad, Security Inspector.

Dr. Asheesh Kumar narrating the factual background submitted that the Appellant/Complainant being a student of 'Centre for Social Medicine and Community Health' joined JNU in 2018 and was allotted Sutlej Hostel,JNU. He further submitted that the Appellant initially filed a complaint addressed to the Dean of Students,JNU with a copy to the Senior Warden against 21 students alleging that he was being victimized and harassed by them on caste and colour basis. He added that however, looking into the gravity of allegation, a Committee was set up comprising of warden and other higher authorities of JNU, They conducted the enquiry and submitted their report on 11.03.2019 & 05.07.2019 with the findings that the Appellant failed to prove the accusation against the said 21 students. He further submitted that a copy of the said enquiry report was also shared with the Appellant which is self-explanatory and addresses the issues flagged by the Appellant in his RTI application.

Dr. Sajjan Singh submitted that protocols of Sutlej Hostel are governed by the Rules and policies framed by IHA (Inter- Hostel Accommodation), JNU . He further submitted that Appellant is an habitual RTI applicant and files multiple complaints without any substance .Each time the Appellant was given timely response .

Rep. of CPIO submitted that timely response to the RTI Application was given along with a copy of the available enquiry report to the Appellant.

Vakil Ahmad submitted that upon receipt of Appellant's complaint concerning providing of additional security, an enquiry was conducted and report submitted on 06.03.2019 which was forwarded to the Administrative wing, JNU on 23.09.2019 with all the contact details and advising the Appellant to approach the security administration on these given numbers. Upon query from the Commission, he expressed his lack of knowledge about sharing of report dated 06.03.2019 with the Appellant; however he agreed to provide a copy of the same to the Appellant.

Decision:

The current milieu of the COVID pandemic has necessitated the Commission to take some extraordinary steps in the disposal of cases to avoid further backlog and delays subverting the very purpose of RTI Act which includes inter alia hearing cases through audio conferencing. The instant case being one such instance where even so the Appellant could not be heard, the Commission deems it fit to decide the case based on merits after hearing submissions of the Respondent at length.

The Commission based upon a perusal of facts on records observes that the reply and further clarifications given by the Respondent during hearing adequately suffices the information sought by the Appellant as per the provisions of the RTI Act.

Now, considering the hearing proceedings, CPIO is directed to provide a copy of enquiry report dated 06.03.201 of Chief Security Inspector to the Appellant, free of cost through speed/registered post. The said direction should be complied by the CPIO within 15 days from the date of receipt of this order under due intimation to the Commission.

The appeal is disposed of accordingly.

                                                    Saroj Punhani (सरोजपुनहािन)
                                                                          हािन)
                                       Information Commissioner (सूचनाआय
                                                                     ना    ु त))
Authenticated true copy
(अिभ मािणत स%यािपत ित)

(C.A. Joseph)
Dy. Registrar
011-26179548/ [email protected]
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