Central Information Commission
Dr Gyan Prakash vs Abv Indian Institute Of Information ... on 30 November, 2022
CIC/IITGL/A/2021/634756
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/IITGL/A/2021/634756
In the matter of:
Dr Gyan Prakash ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Indian Institute of Information
Technology and Management
Gwalior, ABV-IIITM Gwalior
Morena Link Rd, IIITM Campus,
Gwalior, M.P -474015
Relevant dates emerging from the appeal:
RTI Application filed on : 30.03.2021
CPIO replied on : 28.04.2021
First Appeal filed on : 16.06.2021
First Appellate Authority order : Not on Record
Second Appeal received on : 05.08.2021
Date of Hearing : 11.10.2022
The following were present:
Appellant: Dr. Gyan Prakash, participated in the hearing through video
conference from NIC Gwalior
Respondent: Shri. Pankaj Gupta, CPIO & Joint Registrar, ABV Indian
Institute of Information Technology, Gwalior, participated in the hearing
through video conference from NIC Gwalior
Page 1 of 12
CIC/IITGL/A/2021/634756
ORDER
Information sought:
The Appellant filed an RTI Application dated 30.03.2021 seeking information on the following twenty nine points:Page 2 of 12
CIC/IITGL/A/2021/634756 Page 3 of 12 CIC/IITGL/A/2021/634756 The PIO, ABV-IIITM, Gwl. vide letter dated 28.04.2021, informed to the Appellant as under:Page 4 of 12
CIC/IITGL/A/2021/634756 Page 5 of 12 CIC/IITGL/A/2021/634756 Page 6 of 12 CIC/IITGL/A/2021/634756 Page 7 of 12 CIC/IITGL/A/2021/634756 Being dissatisfied, the appellant filed a First Appeal dated 16.06.2021, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he is not satisfied with the reply furnished with respect to point 11, 16, 23 and 27 of the RTI Application.Page 8 of 12
CIC/IITGL/A/2021/634756 The Respondent submitted that a point wise and categorical reply has already been furnished to the Appellant within the stipulated time frame. Further, as far as contention of the Appellant with respect to point 11, 16, 23 and 27 of the RTI Application is concerned, information as available on record has been furnished.
Upon the perusal of the reply furnished by the Respondent on averred points, the Commission remarks that adequate reply with respect to point 11 & 16 has been furnished by the Respondent and the Appellant is merely contesting on the veracity of the matter.
The Commission further asked the Respondent to substantiate his reply with respect to point 23 & 27 of the RTI Application, to which the Respondent submitted that information on point 27 is not available in the manner as sought vide RTI Application, so composite information as available on record has been furnished. As regards the point 23, the Respondent further submitted that the information with respect to the selection process is available on the public domain to which the Appellant interjected the said information is not available on the public domain.
The Commission quizzed the Respondent whether a revised categorical reply with respect to point 23 of the RTI Application can be provided to the Appellant, to which the Respondent affirmatively agreed.
Upon being further queried by the Respondent whether the First Appeal has been adjudicated, to which the Respondent replied in negative and further stated that the same could not be adjudicated due to unwarranted circumstances of COVID Pandemic.Page 9 of 12
CIC/IITGL/A/2021/634756 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that Respondent has attended the instant RTI Application within the stipulated time frame by furnishing a point wise and categorical reply to the Appellant. However, the Appellant raised dissatisfaction with reply furnished by the Respondent on point 11, 16, 23 & 27 of the RTI Application.
The Commission further observes that the reply furnished by the Respondent on point 11&16 is adequate, but the Appellant is contesting on the veracity of the matter, which is beyond the adjudicatory powers of the Commission. So far as point 27 is concerned respondent has furnished the information as available on record. However, as regards the point 23 of the RTI Application, the Commission deems it fit to direct the Respondent to furnish a revised categorical reply to the Appellant within the time frame of 15 days from the date of receipt of this order.
Nevertheless, the Commission further observes that the RTI Application of the Appellant exceeds the prescribed word limit so the Commission counsels the Appellant to be precise in seeking information in future because the RTI application should not exceed 500 words as per Rule 3 of the RTI Rules, 2012, which states as under:
"Application Fee An application under subsection (1) of Section 6 of the Act shall be accompanied by a fee of rupees ten and shall ordinarily not contain more than five hundred words, excluding annexures, containing address of the Central Public Information Officer and that of the applicant:"Page 10 of 12
CIC/IITGL/A/2021/634756 With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 30.11.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 11 of 12 CIC/IITGL/A/2021/634756 Addresses of the parties:
1. The First Appellate Authority (FAA) Indian Institute of Information Technology and Management Gwalior, ABV-IIITM GwaliorMorena Link Rd, IIITM Campus, Gwalior, M.P -474015
2. The Central Public Information Officer Indian Institute of Information Technology and Management Gwalior, ABV-IIITM Gwalior Morena Link Rd, IIITM Campus, Gwalior, M.P -474015
3. Dr Gyan Prakash Page 12 of 12