Central Information Commission
Lal Babu Sardar vs S.V. National Institute Of Technology, ... on 19 April, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के य सच
ू ना आयोग
Central Information Commission
बाबागंगनाथमाग, मु नरका
Baba Gangnath Marg, Munirka
नई द ल , New Delhi - 110067
File No : CIC/SNITS/A/2019/143943
Lal Babu Sardar .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Sardar Vallabhbhai National
Institute of Technology, RTI Cell,
Surat - 395007, Gujrat. .... तवाद गण /Respondent
Date of Hearing : 19/04/2021
Date of Decision : 19/04/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 10/04/2019
CPIO replied on : 27/05/2019
First appeal filed on : 17/06/2019
First Appellate Authority order : 22/07/2019
2nd Appeal/Complaint dated : 21/08/2019
1
Information soughtand background of the case:
The Appellant filed RTI application dated 10.04.2019 seeking information pertaining to Para 13.10 of CAG Report no. 12/2017 in the matter of Excess payment due to incorrect fixation of pay in SVNIT Surat, including inter-alia as under-
"Prof. A. Chaubey, Dean Faculty and Media Incharge of NIT Jamshedpur in the matter of Para 13.16 of CAG Report no. 12/2017 has given statement in the daily news paper that "In similar matter, the Authority of SVNIT Surat went in the Court against the CAG report in which the court has given stay order". Provide the following information/documents in the above matter:-
1. Provide the copy of all communications among CAG, MHRD, New Delhi and SVNIT Surat in the matter of Para 13.10 of CAG Report no. 12/2017.
2. Provide the copy of the minutes of all BOG meetings in the matter of Para 13.10 of CAG Report no. 12/2017.
3. Provide the copy of the report of the committee appointed by the BOG in October 2015 to review the entire pay fixation as stated in Para 13.10 of CAG Report no. 12/2017.
4. Provide the copy of the case filed by the institute in the court in above matter.
5. Provide the copy of the stay order given by the court in above matter.
6. Provide the information/document against each faculty in format."
The CPIO replied to the appellant on 27.05.2019 stating that "the Appellant's RTI application is under process. So, it will take some more time."
Being dissatisfied, the appellant filed a First Appeal dated 17.06.2019. FAA's order dated 22.07.2019 reiterated the contents of CPIO's reply.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference.2
Respondent: Pramod Mathur, Registrar & Representative of CPIO present through audio conference.
The Appellant narrated the factual context of RTI application and stated that no information has been received from the CPIO till date in compliance of CPIO's initial reply and FAA's order.
The CPIO submitted that the relevant available information has already been furnished to the Appellant vide letter dated 24.07.2020.
Upon query from the Commission, the Appellant denied the receipt of letter dated 24.07.2020.
Decision:
The Commission based upon a perusal of facts on record and considering the submissions of both the parties during hearing, directs the CPIO to resend a copy of letter dated 24.07.2020 along with all enclosures free of cost to the Appellant through speed/registered post. The said direction should be complied by the CPIO within 15 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपन ु हा न) Information Commissioner (सच ू नाआयु त) Authenticated true copy (अ!भ मा#णत स$या%पत त) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 3