Central Information Commission
Prof Swapan Garain vs University Grants Commission on 8 November, 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/UGCOM/A/2020/685508
Prof Swapan Garain ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
University Grants Commission,
RTI Cell, Bahadur Shah Zafar
Marg, New Delhi- 110002 .... ितवादीगण /Respondent
Date of Hearing : 03/11/2021
Date of Decision : 03/11/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 06/06/2020
CPIO replied on : 10/06/2020
First appeal filed on : 02/07/2020
First Appellate Authority's order : 21/07/2020
2nd Appeal/Complaint dated : 14/09/2020
1
Information sought:
The Appellant filed an online RTI application dated 06.06.2020 seeking the following information:
"The Department of Higher Education (DHE), Ministry of Human Resources Development (MHRD), New Delhi is the Ministry/Department/Apex Body/Public Authority for RTI Act 2005 for Tata Institute of Social Sciences (TISS). TISS is included under information published by the DHE under sub-
clause (i) of section 4(1)(b) of the RTI Act, 2005. This RTI application for information about TISS, is filed with UGC, as TISS is fully funded and controlled by DHE through the UGC, the Public Authority.
(1) Certified copy of supporting document about TISS logo being used as Group Icon in the WhatsApp Group Tissians Career Impact2, as claimed by Registrar, TISS, in his attached document, Confidential Note dated 29.03.2016.
(2) Certified copy of supporting document about Dr. Swapan Garain used TISS logo, by uploading as Group Icon in the WhatsApp Group Tissians Career Impact2, as claimed by Registrar, TISS, in his Confidential Note dated 29.03.2016.
(3) Certified copy of supporting document for the mobile number used for uploading the TISS logo as Group Icon in the WhatsApp Group Tissians Career Impact2, as claimed by Registrar, TISS, in his Confidential Note dated 29.03.2016.
(4) Certified copy of supporting document about the date and time of uploading the TISS logo as Group Icon in the WhatsApp Group Tissians Career Impact2, as claimed by Registrar, TISS, in his Confidential Note dated 29.03.2016.
The CPIO replied to the appellant on 10.06.2020 stating as follows:-
Point No. 1-4:- UGC has not approved Logo for any University."
Being dissatisfied, the appellant filed a First Appeal dated 02.07.2020. FAA's order dated 21.07.2020 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.2
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference.
Respondent: Rajesh Kumar, Section Officer (CPP-I/DU, UGC) & CPIO present through audio conference.
The Appellant stated that he is dissatisfied with the reply of the CPIO and harped on the fact that the UGC should have transferred the RTI Application to the concerned public authority for providing the desired information.
The CPIO submitted that the Appellant was provided with a factual reply intimating him that UGC has not approved any Logo for any University.
Decision:
The Commission based on a perusal of the facts on record observes that the Appellant has not sought for any specific information and has rather premised the RTI queries on conjecture. Per contra, the CPIO has replied as per the availability of the records, thus leaving no scope of intervention at this stage. Moreover, as for the Appellant's contention that the CPIO should have transferred the RTI Application to the concerned public authority, the Commission is not inclined to accept the same as the Appellant has referred to an internal confidential note of TISS as well as the logo of TISS for seeking the information from UGC without any relevance whatsoever to the role of UGC therein. Clearly, UGC was not the concerned public authority as per Section 6(1)(a) of the RTI Act which prescribes as under:
"6. Request for obtaining information.--
(1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to--
(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;.."
In the instant case, it is clear beyond reasonable doubt that the Appellant was aware of the concerned public authority yet he sought for the averred 3 information from UGC, and for the said reasons, the Commission does not find any infirmity in the reply of the CPIO.
In view of the foregoing observations, no action is warranted in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4