Central Information Commission
Srikanth Sreedhar vs National Institute Of Technology, ... on 29 September, 2022
CIC/NITST/A/2021/626822
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/NITST/A/2021/626822
In the matter of:
Srikanth Sreedhar ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
National Institute of Technology
Karnataka, NH 66, Srinivasnagar,
Surathkal, Mangalore,
Karnataka -575025
Relevant dates emerging from the appeal:
RTI Application filed on : 19.04.2021
CPIO replied on : 27.04.2021
First Appeal filed on : 30.04.2021
First Appellate Authority order : Not on Record
Second Appeal received on : 28.06.2021
Date of Hearing : 27.09.2022
The following were present:
Appellant: Absent (despite being served the hearing notice)
Respondent: Shri Dinesh K., CPIO & Assistant Engineer (Special Grade-1),
participated in the hearing through video conferencing from NIC Dakshina
Kannada
Page 1 of 6
CIC/NITST/A/2021/626822
ORDER
Information sought:
The Appellant filed an online RTI Application dated 19.04.2021 seeking information as under:
"I seek a copy of the Meeting Minutes of the NITK Board of Governors following the receipt of the report of the Committee setup at NITK to arrive at conclusions following the death of Anand Pathak at NITK. I seek a copy of the NITK BOG report containing information on the action recommended by the BOG on the basis of the report of the Committee setup at NITK to arrive at conclusions following the death of Anand Pathak at NITK.
I seek a copy of the NITK BOG Report containing information on the action taken on receipt of the report from the the NITK Grievance Redressal Committee following the spontaneous protests by thousands of NITK Students after the tragic death of Anand Pathak."
The CPIO, National Institute of Techonology, Surthkal, Karnataka vide letter dated 27.04.2021, informed to the Appellant as under:
Being dissatisfied, the appellant filed a First Appeal dated 30.04.2021, 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.Page 2 of 6
CIC/NITST/A/2021/626822 Submissions made by Appellant and Respondent during Hearing: The Appellant did not participate in the hearing despite being served the hearing notice and the same has been confirmed by Shri Kiran, Network Engineer, from NIC Hyderabad.
The Respondent submitted that whole of the information sought in the instant RTI Application is available on their official website in public domain and the same has been duly informed to the Appellant vide letter dated 27.04.2021.
A written submission has been received by the Commission from Shri Dinesh K, CPIO, National Institute of Technology Karnataka vide letter dated 19.09.2022, and the same has been attached to the Appellant, wherein the Commission has been apprised as under:Page 3 of 6
CIC/NITST/A/2021/626822 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Respondent has provided adequate reply to the Appellant. The Commission finds it pertinent to rely upon the judgment of the Hon'ble High Court of Delhi in the matter of The Registrar, Supreme Court of India v/s. R.S. Misra vide W.P. (C) 3530/2011, decided on 21.11.2017, wherein it was held as under: "58. A Division Bench of this Court in Prem Lata CPIO Trade Marks Registry, Delhi Vs. Central Information Commission & Ors., 2015 SCC OnLine Del 7604 in the context of accessing information from the Registrar of Trade Marks was concerned with the question whether information suo- motu being made available by a public authority through means of information including intervals in fulfillment of obligations under Section 4 of the Act can be requested for under Section 6 of the Act. For detailed reasons therein, it was held that neither can information already suo-motu made available by the public authority in discharge of obligations under Section 4(b) be requested for under Section 6 of the RTI Act nor the CPIO was required to reject the Page 4 of 6 CIC/NITST/A/2021/626822 said request giving reasons. It was held that the purport of the RTI Act is to make the information available to the public at large and the same can be deciphered also from Section 44 of the RTI Act providing for dissemination of information in a cost effective and easy mode to the extent possible.
Consequently, information which is already available under any other statutory mechanism will not be covered under the provision of the RTI Act.
59. In the present case, maintaining two parallel machinery: one under SCR and the other under the RTI Act, would clearly lead to duplication of work and unnecessary expenditure, in turn leading to clear wastage of human resources as well as public funds. Also, request for hard copies of information (as contemplated under Section 7 of the RTI Act) in respect of those information which are already available and accessible in the public domain, under the mechanism contemplated under the SCR, will further lead to unnecessary diversion of resources and conflict with other public interest which includes optimal use of limited fiscal resources."
Keeping in view the aforesaid ratio of the Hon'ble High Court of Delhi, the Commission finds no further scope of intervention in the instant matter. 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: 29.09.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/NITST/A/2021/626822 Addresses of the parties:
1. The First Appellate Authority (FAA) National Institute of Technology Karnataka, NH 66, Srinivasnagar, Surathkal, Mangalore, Karnataka -575025
2. The Central Public Information Officer National Institute of Technology Karnataka, NH 66, Srinivasnagar, Surathkal, Mangalore, Karnataka -575025
3. Mr. Srikanth Sreedhar Page 6 of 6