Central Information Commission
Mr. Ganga Sahay Meena vs Jawaharlal Nehru University on 25 March, 2010
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2010/000272/7222
Appeal No. CIC/SG/A/2010/000272
Appellant : Mr. Ganga Sahay Meena,
Asstt. Professor,
1, New Transit House,
Jawaharlal Nehru University,
New Delhi-110067
Respondent : 1) Mr. Jit Singh
Public Information Officer & Dy. Registrar, Jawaharlal Nehru University, Room No. 133, (SC/ST Cell), Admin. Block, New Delhi-110067
2) Dr. Ms. K. B. Usha Chairperson, Gender Sensitization Committee Against Sexual Harassment (GSCASH), Room 114, East Wing, Admin. Building, Jawaharlal Nehru University, New Delhi-110067 RTI application filed on : 19/11/2009 PIO replied : 17/12/2009 First Appeal filed on : 24/12/2009 First Appellate Authority order : 26/01/2010 Second Appeal Received on : 01/02/2009 Notice of Hearing Sent on : 18/02/2010 Hearing Held on : 25/03/2010 Appellant sought information regarding the matter of Ganga Shahay Vs Sarala on twenty six points in his RTI application. After reply of the PIO, the Appellant had objection that desired information were not furnished in respect of following points(as mentioned in 2nd appeal):
Sl. Information Sought PIO's reply(Respondent FAA-Remarks
1)
1. Appellant sought photocopy of the The information at It was agreed that the complaints filed by both parties in matter of S.NO. 1-21 and 24- Chairperson, GSCASH will Ganga Shahay Vs Sarala and photocopy of 26 does not pertain to provide a copy of all additional complaints & proof/documents the Centre. complaints of Shri G. S. submitted by both parties, witness or any Meena. However, copies of other in this matter. the deposition/witnesses account cannot be provided,
11. Provide Statement of Ganga Sahay Meena It was agreed that recorded and written transcription in the statements/accounts of matter of Ganga Shahay Vs Sarala held at witnesses etc., cannot be Procter Office & G S kaish provided...
17. Provide date on which meeting was held by The chairperson, GSCASH Page 1 of 3 Admin. JNU at Procter Office & GSCAS in may provide dates of the matter of Ganga Shahay Vs Sarala. Provide meetings. all date of meeting, proceedings, minutes. Provide date of inquiry completed, report prepared, date by which report had been accepted by GSCASH, date by which final report prepared. Provide all document in this regard
18. Provide photocopy of Entrance register In reply of Sl. No. 18, The information/reply (from 17/05/208 to 31/07/2009) kept at New photocopy dated already supplied to the Transit House (Phase-1), main entrance 17/05/2008 to Appellant as provided by the gate, JNU. 30/06/2008 and Chief Security Officer.
29/05/2009 to
31/07/2009 is
enclosed. Photocopy
dated 01/07/208 to
28/05/2009 would be
furnished after
receiving from
Group-4 Security
Agency.
19. Provide the time period during which Photocopy no.
representative of student had been holding SEC/24/2009 dated
membership of GSCASH Committee. No. 24/07/2009 is
of meetings in which S/he participated, no. enclosed.(as replied
of meetings in which S/he had not taken part by the PIO vide letter
during enquiry, date on which S/he were dated24/12/2009)
removed from the Committee, process
adopted by the Committee in this regard.
Grounds for First Appeal:
Information was not provided from Q. No. 1 to 21 & from 24 to 25.
Information provided Respondent no.2:
1. The complaints of GS Meena are enclosed. Copies of evidence/documents submitted by witnesses are also confidential and cannot be provided as per rules.
11. The copies of the recorded statements of GS Meena and the written transcripts will be provided in a month's time by GSCASH as agreed by the Appellant
17. The GSCASH Chairperson and members of the Enquiry Committee met the JNU Administration on 28/04/2009 to discuss the case. There was only one meeting that was held between the administration and GSCASH members. No such minutes of the meeting were prepared by GSCASH. The Enquiry Committee completed the case and presented the report before the GSCASH on 02/04/2009, after which it was unanimously accepted by the GSCASH. The copy of adoption of report is enclosed.
18. This does not pertain to GSCASH.
19. This does not pertain to GSCASH.
Order of the First Appellate Authority:
Point wise remarks had been given by the FAA.
Grounds for Second Appeal:
Incomplete & unsatisfactory reply.Page 2 of 3
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Ganga Sahay Meena;
Respondent: Mr. Jit Singh, Public Information Officer & Dy. Registrar;
Mr. V. K. Jain, Registrar and First Appellate Authority; Dr. Ms. K. B. Usha, Chairperson,(GSCASH);
The Appellant has sought a copy of the complaint made by Ms. Sarla Meena based on which GSCASH instituted an inquiry against him. The PIO has stated that there was no specific complaint but that in the course of deposition before the Chief Proctor certain statements were treated as a complaint based on which the inquiry was instituted.
1. The PIO is directed to give a copy of this deposition after severing under Section-10 the names of witnesses. The PIO has claimed exemption under Section 8(1) & (g) for severing the names of witnesses. The Appellant has also sought any evidences given in the deposition.
2. The PIO is directed to provide the names of any evidences (any Photographs) which may have been given after severing those which would disclose the identity of the witnesses.
3. If any other additional complaints have been made the copies of these would be provided to the Appellant. If no other complaints have been made this would be stated.
4. The PIO is also directed to provide the copies of the summons issued to Ms. Sarla Meena.
5- The PIO is also directed to give an attested copy of the list of witnesses suggested by the Appellant and indicate which witnesses were called for the inquiry. 6- The Appellant had sought a copy of the security report as per query-6. The PIO states that there were no security report but only and ambulance report which has been provided. 7- If there are any security reports of quarrels between Appellant and Ms. Sarla Meena these will be provided. If there are no reports this will be stated. 8- Copy of the DVD recording the appellant's deposition before the inquiry committee will be provided.
9- The Appellant wants an attested copy of his deposition before the Committee. 10- Query-16: Copies of complaints given by the Appellant's witnesses and action taken if any on the basis of this shall be provided.
11- The date on which the student members ceased to be a member of GSCASH Inquiry Committee and the reasons on record for her ceasing to be a member.
Decision:
The appeal is allowed.
The PIO is directed to give the information mentioned above to the Appellant before 05 April 2010.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 25 March 2010 (In any correspondence on this decision, mention the complete decision number.)Rnj Page 3 of 3