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E Balasubramaniam vs Ut Of Puducherry on 30 January, 2026

                                   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/UTPON/A/2024/120836

E Balasubramaniam                                           ... अपीलकता/Appellant

                                    VERSUS
                                     बनाम
CPIO: Puducherry
Technological University,                               ... ितवादीगण/Respondents
Puducherry

Relevant dates emerging from the appeal:

RTI : 14.02.2024             FA     : 01.04.2024            SA     : 23.06.2024

CPIO :   Not on record       FAO : Not on record            Hearing : 19.01.2026


Date of Decision: 22.01.2026
                                       CORAM:
                                  Hon'ble Commissioner
                                     Shri P R Ramesh
                                      ORDER

1. The Appellant filed an RTI application dated 14.02.2024 seeking information on the following points:

2. Dr. S. Mourouga Pragash, Associate Professor, EIE Department of Puducherry Technological University has filed writ petition No.4174 of 2023 on the file of Hon'ble High Court of Madras in connection with appointment of Dr. S. Mohan as first Vice Chancellor of Puducherry Technological University, with the following prayer:

"Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring that Section 14(5) and proviso to Section 14(5) of the Page 1 of 6 Puducherry Technological University Act, 2019 as unconstitutional, void and non- est in law and consequently declare the constitution of the Search Committee by Proceedings in G.O. Ms. No. 03 dated 20.01.2021 issued by the Second Respondent, as well as appointment of the Sixth Respondent as Vice Chancellor of the Puducherry Technical University as illegal and void."

3. Thiru V. Palaniappa, retired PTU staff also filed a Writ Petition on the same issue. Since both the Writ Petitions relate to the same controversy and are inter- connected, they have been heard together and are disposed by a common order dated 19.12.2023 by the Hon'ble High. Court of Madras. The operative portion of the said order is reproduced below:

"14. In view of the foregoing discussion, it would not be possible to sustain the appointment of Dr. S.Mohan as the Vice-Chancellor of PT University through the 'Search Committee' constituted under Section 14(5) of the PTU Act by G.O. Ms. No. 03, Chief Secretariat (Higher and Technical Education) dated 20.01.2021 issued by the Government of Puducherry. In order to avoid any vacuum in carrying on the administration taking note of the facts that the Secretary (Higher and Technical Education), Government of Puducherry had not actually participated in the deliberations in the impugned appointment and that the said Dr. S.Mohan has not been shown to be ineligible or disqualified to hold that office, it is held that he shall be entitled to continue in the said post till a new incumbent is selected in conformity with law, or till 30.06.2024, which ever date falls earlier. It is needless to add here that by virtue of the de facto doctrine, as highlighted by the Hon'ble Supreme Court of India in Gokaraju Rangaraju-vs-State of Andhra Pradesh [(1981) 3 SCC 132], the decisions taken by Dr. S.Mohan as Vice-Chancellor of PT University shall not be invalidated merely by the reason of his selection by the 'Search Committee' Page 2 of 6 being declared to be void in this order. It is also hastened to clarify here that the said Dr. S.Mohan, if he is otherwise eligible and not disqualified, shall be entitled to be considered for appointment in the fresh process undertaken.

15. That apart, the Government of Puducherry and PT University shall take immediate measures for carrying out amendments to the relevant statutory provisions governing PT University to bring it in conformity with the UGC Regulations, 2018, without brooking any more delay.

16. In the upshot, these Writ Petitions are ordered on the aforesaid terms. No costs."

4. Further, Thiru. Mourougapragash, again filed a Special Leave Petition (Civil) No.1419 of 2024 seeking interim relief against the order of Hon'ble High Court of Madras, which is posted for hearing to-day i.e. on 12.02.2024. Thiru. Mourougapragash was in no way aggrieved in the selection of the first Vice Chancellor of Puducherry Technological University, whereas, he filed case against the decision of the Government of Puducherry, which is against the CCS (Conduct) Rules. The CCS (Conduct) Rules stipulates that no Government servant shall, except with the previous sanction of the Government, have recourse to any Court or to the Press for the vindication of any official act which has been the subject-matter of adverse criticism or an attack of a defamatory character.

5. In this connection, I request you to kindly provide copy of prior permission order issued to Dr. S. Mourouga pragash to file the above court cases, which is against the decision of the Government of Puducherry and also against the provisions of CCS (Conduct) Rules.

2. Having not received any response from the CPIO, the Appellant filed a First Appeal on 01.04.2024 FAA's order, if any, is not available on record.

3. Aggrieved with the non-receipt of the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 23.06.2024.

Facts emerging in Course of Hearing:

Appellant: Not present Respondent: Ms. J. Talachechery, Assistant Registrar, Shri Kalaiselvi, Assistant Registrar - participated in the hearing through video-conference.

4. The Respondent stated that the relevant information has been vide letter dated 07.01.2026. He stated that the Appellant has sought clarification regading whether any permission was issued to Dr. S. Mourouga Pragash for filing of the case against the Vice Chancellor, PTU appointment. He averred that as per their records no such permission was issued to Dr. S. Mourouga Pragash in this regard. A written submission dated 07.01.2026 has been received from the CPIO and same has been taken on record for perusal. The relevant extract whereof is as under:

"..With reference to the letter cited above, the particulars sought by Thiru. E. Balasubramaniam, No. 37, Pavendar Street, Mariamman Nagar, Karamanikuppam, Puducherry 605 004 to provide copy of prior permission order issued to Dr.S.Mourouga Pragash to file the court case.

In this regard, no such permission order was issued to Dr.S.Mourouga Pragash to file the case against the Vice Chancellor, PTU appointment. ..."

Decision:

5. At the outset, Commission directs the concerned PIO to furnish a copy of their written submission, dated 07.01.2026, 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.

6. Commission, after perusal of case records and submissions made during hearing, expresses severe displeasure over the conduct of the then PIO in not having provided any reply qua the RTI Application within the time frame stipulated under the RTI Act.

Therefore, Commission directs then PIO through the present PIO to send his/her written submissions to justify aforesaid gross violation of the provisions of RTI Act. The said written submission of then PIO along with submissions of other persons concerned, if any, should reach the Commission within 30 days from the date of receipt of this order.

7. Nevertheless, it is noted that the PIO has provided an appropriate reply in terms of the provisions of the RTI Act at this stage. In the given circumstances, since the information held by the Respondent stands disseminated, no cause of action subsists under the RTI Act. Thus, the Commission is of the considered opinion that no further intervention of the Commission is warranted in this case. The appeal is disposed of accordingly.

Copy of the decision be provided free of cost to the parties.

(P R Ramesh) (पी. आर. रमेश) Information Commissioner (सूचना आयु ) Authenticated true copy Vivek Agarwal (िववेक अ वाल) Dy. Registrar (उप पं जीयक) 011-26107048 Addresses of the parties:

1 The CPIO O/o the Deputy Registrar, Puducherry Technological University (Govt. of Puducherry), East Coast Road, Pillaichavady, Puducherry-605014.

2 E Balasubramaniam Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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