Central Information Commission
S M Naiyer Imam vs National Council For Teacher Education on 11 July, 2022
CIC/NCTED/A/2021/112332
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/NCTED/A/2021/112332
In the matter of:
S M Naiyer Imam ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
National Council for Teacher
Education, G-7, Sector-10,
Near Sector-10 Metro Station,
Dwarka, New Delhi-110075
Relevant dates emerging from the appeal:
RTI Application filed on : 03.11.2020
CPIO replied on : Not on Record
First Appeal filed on : 12.12.2020
First Appellate Authority order : Not on Record
Second Appeal received on : 19.03.2021
Date of Hearing : 08.07.2022
The following were present:
Appellant: Shri. S.M. Naiyer Imam, participated in the hearing through
video conference from NIC Patna
Respondent: Shri. N.K. Sahoo, Private Secretary & PIO, National Council
for Teacher Education participated in the hearing in person.
Page 1 of 8
CIC/NCTED/A/2021/112332
ORDER
Information sought:
The Appellant filed an RTI Application dated 03.11.2020 seeking information on the following three points:
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 12.12.2020, 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 non- receipt of information from the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.Page 2 of 8
CIC/NCTED/A/2021/112332 Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that no information with respect to the instant RTI Application has been received except the written submission dated 01.07.2022.
The Respondent submitted that since the instant RTI Application was addressed to the CPIO, NRC-NCTE, Dwarka, the same was not received by the Respondent. The Respondent further submitted that they came to know regarding the instant matter upon filing of the First Appeal, therefore a reply was furnished to the Appellant on 09.11.2021 the contents of the same are as under:
Upon being queried by the Commission, the Respondent further submitted that when the Appellant filed first appeal in the instant matter, the same was transferred to the First Appellate Aurhority, NCTE, Dwarka, New Delhi vide letter dated 24.12.2020 as there is no Appellate Authority in ERC Bhubaneshwar but there has been no response from Appellate Authority Delhi till date. Furthermore, the Respondent submitted that they have corresponded with the institution and have obtained institution's comments Page 3 of 8 CIC/NCTED/A/2021/112332 upon the two representations of the Appellant dated 25.08.2020 & 12.09.2020, which contains third-party personal information.
The Commission again queried the Respondent whether a point wise and categorical reply stating the chronology of events regarding the outcome of the two representations of the Appellant along with the comments of the institution, can be provided to the Appellant by invoking the severability clause as per section 10 of the RTI Act, to which the Respondent affirmatively agreed.
A written submission has been received by the Commission from the Appellant vide letter dated 25.06.2022 wherein the Commission has been apprised as under:
Page 4 of 8CIC/NCTED/A/2021/112332 A written submission has been received by the Commission from Shri. N.K. Sahoo, Private Secretary & PIO, National Council for Teacher Education vide letter dated 01.07.2022, and the same has been marked to the Appellant wherein the Commission has been apprised as under:Page 5 of 8
CIC/NCTED/A/2021/112332 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 not furnished any information to the Appellant. In the light of the submissions made, the Commission deems it expedient to direct the Respondent to furnish a point-wise and categorical reply stating the chronology of events Page 6 of 8 CIC/NCTED/A/2021/112332 regarding the outcome of the two representations of the Appellant along with the comments received from the concerned institution, to the Appellant by invoking the severability clause as per section 10 of the RTI Act with a copy marked to the Commission, within a time frame of 30 days from the date of receipt of this order.
The present CPIO is further directed that while complying with the directions of the Commission, all the personal information/identifying particulars of any third parties should be adequately redacted/blackened out. The Commission further directs the present CPIO that no information shall be disclosed to the Appellant which is exempted from disclosure under the provisions of Section 8 and 9 of the RTI Act. 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: 11.07.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 7 of 8 CIC/NCTED/A/2021/112332 Addresses of the parties:
1. The First Appellate Authority (FAA) National Council for Teacher Education, G-7, Sector-10, Near Sector-10 Metro Station, Dwarka, New Delhi-110075
2. The Central Public Information Officer National Council for Teacher Education, G-7, Sector-10, Near Sector-10 Metro Station, Dwarka, New Delhi-110075
3. Mr. S M Naiyer Imam Page 8 of 8