Central Information Commission
Mr.Mukender Singh vs Ministry Of Human Resource Development on 19 March, 2012
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal: No. CIC/DS/A/2011/001011
Appellant /Complainant : Shri Mukender Singh, Shree Ganganagar
(Rajasthan)
Public Authority : All India Council for Technical Education,
Chandigarh/
New Delhi(Sh. Tarun Kakkar, DEOA/CPIO and Sh.
Rajbir
through videoconferencing)
Date of Hearing : 19 March 2012
Date of Decision : 19 March 2012
Facts:
1. Appellant submitted RTI application dated 5 July 2010 before the CPIO, NWRO, Chandigarh seeking the details of the appointment of the Principal and Lecturers in the Polytechnic Institutions and other details of the Approval letters of previous inspections in which deficiencies were mentioned in respect of Guru Teg Bahadur Khalsa Polytechnic College.
2. Vide CPIO Order dated 19 August 2010, CPIO denied disclosure of the information to the Appellant on the grounds that it is not "information" as defined u/s 2
(f) of the RTI Act, 2005.
3. Not satisfied by the CPIO reply, the Appellant preferred first Appeal to the First Appellate Authority.
4. The FAA did not provide any reply to the Appellant.
5. Being aggrieved and not being satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
6. Matter was heard today via videoconferencing from Chandigarh where respondent as above was present and Ganganagar where appellant was present.
Decision notice Appeal: No. CIC/DS/A/2011/001011
7. The Commission is constrained to observe that the CPIO has chosen to absent himself from the hearing even though he is present in Delhi and notice of hearing has also been sent to him. Instead he has directed the Assistant and Data Entry Operator who are present at Chandigarh to represent him and the Organization at the hearing which is entirely inappropriate. The CPIO has demonstrated his unwillingness to part with information through his order dated 13 September 2010 in response to the RTI application dated 5 July 2010. Furthermore even this denial has come after a lapse of 70 days which is well beyond the prescribed time limit provided in the RTI Act.
8. A perusal of the RTI application reflects beyond doubt that the appellant has raised a matter of larger public interest pertaining to maintenance of the highest standards of education by the Guru Teg Bahadur Polytechnic College, Chhapian wali Malout and has touched upon issues that beg transparency.
9. The RTI Act is undoubtedly a welfare legislation and is intended to be a tool for securing the larger public interest and must necessarily be interpreted in a liberal manner. Therefore it was for the CPIO to provide all the rules governing the appointment of faculty to the appellant without wrongly taking shelter under the definition of information as provided under section 2 (f) of the Act.
10. CPIO is directed to provide full and complete information to the appellant within two weeks of receipt of the order. He is also directed to present himself on 24.4.2012 at 3.15 PM at Video Conferencing Studio, Department of Information Technology, 5th Floor, Additional Delux Building, Sector9, Chandigarh160017, Contact Officer : Ms Anuradha Kaushal and Mr. Jagjit Singh and Contact Nos. 2740705 / 2740706 before the Commission to show cause why penalty should not be imposed upon him for violating the provisions of the Act in not providing information to the appellant and also for the delay of approximately 40 days in providing a response to the appellant.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to: Appeal: No. CIC/DS/A/2011/001011
1. Shri Mukender Singh Village3 H Bara P.O. Madera, Tehsil & District - Shree Ganganagar (Rajasthan)
2. The CPIO Director All India Council for Technical Education # 1310, Sector42B Chandigarh160036
3. The Appellate Authority All India Council for Technical Education 7th Floor, Chanderlok Building, Janpath, New Delhi110001 Appeal: No. CIC/DS/A/2011/001011