Central Information Commission
Mr. Anoop Prakash Awasthi vs University Of Delhi on 17 July, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/001449/4165
Appeal No. CIC/SG/A/2009/001449
Relevant Facts emerging from the Appeal:
Appellant : Mr. Anoop Prakash Awasthi
5, Nanak Enclave
Rosary School Road, Radio Colony,
Delhi-110009.
Respondent : Mr. Jay Chanda
Assistant Register & PIO
University of Delhi
Delhi-110007.
RTI application filed on : 09/02/2009
PIO replied : 04/03/2009
First appeal filed on : 23/03/2009
First Appellate Authority order : 15/04/2009
Second Appeal received on : 08/06/2009
Information sought:
(i) Documentary information in electronic form i.e. CD/DVD as the case may be, of the original contents of all/any videography done by the office of Chief Election Officer on all/any of the days in the course of conducting Delhi University Student Union Election 2008.
(ii) Mark the relevant information sought, in terms of date and event.
Reply of PIO:
"The Vice Chancellor in his capacity as Patron, DUSU had constituted an Enquiry Committee under the Chairmanship of Professor Om Prakash (retired) to enquire into violations pertaining to clause XIV of the code of conduct. The cassette for the videography pertaining to the said violations is under the custody of the Enquiry Committee. Since, the matter is under investigations, the video cassette can be supplied only after the submission of the report."
Grounds for First Appeal:
Information not provided from the PIO.
No exemption under the RTI Act is applicable.
Order of the First Appellate Authority:
The First Appellate Authority ordered "the information sought by the Appellant may either be supplied or the current status of the case be conveyed by the Chief Election Officer, DUSU Election 2008 to the Appellant directly by 15th May 2009 under intimation to the Information Section."
Grounds for Second Appeal:
Non-compliance of the order of FAA by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Anoop Prakash Awasthi Respondent: Mr. Jay Chanda, PIO The PIO has made an error in refusing to give the information on the ground that the investigation is going on. To claim exemption under Section 8(1)(h) the PIO should give some reasons of how disclosing the information would impede the process of investigation. In RTI Section 3 of the Act is the paramount proviso which all PIOs must keep before them Section 3 states "Subject to the provisions of this Act, all citizens shall have the right to information." when denying any information some reasons have to be assigned as to how any of the exemption of Section 8(1) applies. If there are no cogent reasons information has to be supplied.
The PIO informs the Commission that the office of the Chief Election Officer of DUSU has been vandalized on 4 June 2009 and hence records and furnitures are in shambles. However, the Appellant points out that the PIO has earlier stated that the CD is with the enquiry committee. Hence it appears obvious that the information sought should be with the enquiry Committee. The Commission directs the PIO to obtain the copy of the CD from Retd. Prof. Om Prakash, Chairman of the enquiry committee and provide it to the Appellant.
Decision:
The appeal is allowed.
The PIO will obtain the copy of the CD from Retd. Prof. Om Prakash and provide it to the Appellant before 30 July 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this order will be provided free cost as per Section 7(6) of RTI Ac.
Shailesh Gandhi Information Commissioner 17 July 2009 (In any correspondence on this decision, mentioned the complete decision number.) (AK)