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Rahul Bansal vs Delhi Technological University on 31 August, 2022

Author: Uday Mahurkar

Bench: Uday Mahurkar

                                       के न्द्रीयसच
                                                  ू नाआयोग
                             Central Information Commission
                                     बाबागंगनाथमागग,मुननरका
                             Baba Gangnath Marg, Munirka
                               नईनिल्ली, New Delhi - 110067

द्वितीयअपीलसंख्या / Second Appeal No.:- CIC/DTUNI/A/2021/649726 -UM



Mr.Rahul Bansal

                                                                       ....अपीलकताा/Appellant
                                            VERSUS
                                              बनाम

CPIO,
Delhi Technological University,
ShahbadDaulatpur Main Bawana Road,
Delhi 110042



                                                                       प्रद्वतवादीगण /Respondent

Date of Hearing      :              31.08.2022
Date of Decision     :              31.08.2022

Date of RTI application                                               29.07.2021
CPIO's response                                                       11.08.2021
Date of the First Appeal                                              01.09.2021
First Appellate Authority's response                                  27.09.2021
Date of diarized receipt of Appeal by the Commission                  Nil

                                           ORDER

FACTS The Appellant vide RTI application sought information, as under:-

The CPIO vide letter dated 11.08.2021, furnished a reply to the Appellant. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The FAA vide order dated 27.09.2021, dispose off the First Appeal.

Thereafter, the Appellant filed a Second Appeal before the Commission.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: Present in Person Respondent: Mr Vivek tripathi Professor, Present in Person The Appellant while reiterating the contents of the RTI Application submitted that he had sought information regarding the reasons for not proving him the HRA arrears for the property he had rented out to Delhi Technological University with the agreement registered with Sub Registrar Office as per the circular of ICCR which was the as a sponsoring agency.

The Respondent submitted that the Lessor had agreed to lease out the said Premises unto and in favour of the Lessee for the period of 4 Years (01.08.2018 to 01.08.2022)on yearly rent corresponding 11 month for providing hostel facilities only for DTU foreign national students and not for any other purposes or persons. He informed that they had agreed to Payal a monthly rental of @Rs.5,000/- initially. He said that they are liable to disburse the updated amount to the Appellant from the date on which they were informed about the increased HRA. He termed DTU as the mediator and ICCR as the main sponsor. He further claimed that even after their repeated requests and written communication , ICCR has denied to pay the arrear amount.

The Appellant alleged that as per the updated order of ICCR dated 12.07.2018 stating that the House Rent Allowance in grade 1 to be revised from Rs 5000/- per month to Rs 6500 per month per student. The respondent, DTU , had not followed the order. Hence as per the agreement he had signed with DTU, he is entitled to receive Rs. 6500/- per month per student. In addition when ICCR says they will pay Rs. 6500/- per month per student why DTU is not paying the arrears of rent for the period of August 2018 till June 2019, he asked and added that they are paying Rs.6500/- per student per month since July pt 2019 taking into consideration the same ICCR order. Due to this, he said, he has suffered a loss of approx. 22 lacs.

DECISION:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that the basic objective of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Public Authorities, eradicate the corruption, and to make our democracy work for the people in real sense . Therefore the Commission directs the CPIO's to collect the information from the concerned authority and furnish a complete, point wise information to the Appellant, strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 30 days from the receipt of this order under the intimation to the Commission.

The Appeal stands disposed accordingly.

(Uday Mahurkar) (उदय माहूरकर) ू ना आयुक्त) (Information Commissioner) (सच Authenticated true copy (अद्विप्रमाद्वणतएवंसत्याद्वपतप्रद्वत) (R. K. Rao) (आर.के . राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 द्वदनाक ं / Date: 31.08.2022 Page 3 of 3