Central Information Commission
Mr.Nand Kishor Jha vs Ministry Of Human Resource Development on 2 December, 2013
CENTRAL INFORMATION COMMISSION
Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi-110066.
Website : cic.gov.in
Telephone No.: +91-11-26105682
File No.CIC/RM/A/2013/000616
Appellant: Shri Nand Kishore Jha, Gwalior
Public Authority: MHRD, Deptt. of Higher Education,
New Delhi & Secretary IME, Mumbai
Date of Hearing: 28.10.2013
Date of decision: -
Heard today, dated 28.10.2013.
Appellant not present.
The Public Authority is represented by Shri RS Solanki, Under Secretary/CPIO
MHRD, New Delhi and Shri Sanjay Jain, Advocate on behalf of the IME Mumbai.
FACTS
Vide RTI dt 7.9.12, appellant had sought information on 2 points relating to Institute of Mechanical Engineers (India), Mumbai 2 CPIO MHRD, vide letter dt NIL, transferred the RTI to IME Mumbai to provide a response.
3. An appeal was filed with MHRD dt 13.12.12 stating that no information has been provided.
4. AA MHRD vide order dt 10.1.13, informed the appellant that IME Mumbai is not recognized by MHRD and hence the RTI had been transferred to IME for furnishing a reply.
5. Submissions made by the CPIO were heard. It was clarified that the IME is a private institution and the only role which the MHRD has is in providing recognition to some of their courses. In the absence of the appellant, his views could not be ascertained. The Advocate for IME, Shri Sanjay Jain submitted that he is not in receipt of complete papers and hence is unable to provide a response. He has sought another hearing after three weeks.
Sd/-
(Rajiv Mathur) Central Information Commission 1 2.12.2013 Appellant is present through video conferencing.
The Public Authority is represented by Shri RS Solanki, Under Secretary/CPIO MHRD, New Delhi and Shri Sanjay Jain & Ms Sudha Bhadauria, Advocates on behalf of the IME Mumbai.
6. Written submissions have been made by Shri Sanjay Jain on behalf of the Institution of Mechanical Engineers wherein it has been clarified that they are not a public authority as defined u/s 2(h) of the RTI Act and hence are not obliged to provide any response. Moreover, the information sought relates to a third party and a similar issue had been raised by the appellant and his companions before CAT Gwalior and the CAT has dismissed the case.
DECISION
7. The Commission accepts the submissions made by the IME that they are not a public authority u/s 2(h) of the RTI Act and hence not obliged to respond to the RTI.
The appeal is disposed of.
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(Rajiv Mathur) Central Information Commission Authenticated true copy forwarded to:
The Under Secretary & CPIO M/o HRD, Dept of Higher Education Shastri Bhawan, New Delhi.
The Secretary IME, Mumbai, Hasmukh Bhawan Behind CIDCO Office,Near Heranandani Park, Khargar, Navi Mumbai -410210 The First Appellate Authority M/o HRD, Dept of Higher Education Shastri Bhawan, New Delhi..
Shri Nand Kishore Jha H No.25, Jhansi Loop Road, Baradari Chauraha, Murar 2 Gwalior -474006.
(Raghubir Singh) Deputy Registrar .12.2013 3