Central Information Commission
Mr.Prof. Pramila Sharma vs University Of Delhi on 8 January, 2011
CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/000522/10848
Appeal No. CIC/SG/A/2010/000522
Relevant Facts emerging from the Appeal:
Appellant : Ms. Pramila Sharma
40, Arjun Marg, DLF Ph-I,
Gurgaon-122002, Haryana.
Respondent : Mr. S. K. Sharma
Public Information Officer & Section Officer (Admin.) Daulat Ram College (University of Delhi) 4, Patel Marg, Maurice Nagar, New Delhi.
RTI application filed on : 23/10/2009 PIO replied : 27/11/2009 First appeal filed on : 25/12/2009 First Appellate Authority order : 25/01/2010 Notice of Hearing sent on : 22/12/2010 Hearing held on : 08/01/2011 Information Sought:
1. In letter dated 23/2/09, the Principal, Daulat Ram College, in relation to the Appellant's EOL (Academic) had stated:
"You were expected to submit a letter from the institution (recognized by the concern Government/UGC) where you were undertaking the research allowing you to conduct research in their institution for the period of leave you had applied for along with a copy of research proposal duly recommended and accepted by the said institution and a recommendation from the concerned HOD of the University of Delhi ".
She further wanted the Delhi University's rule for EOL (Academic) in respect of the said statement and also a certified copy of the same.
Reply of the PIO:
"In reply to the RTI query vide your letter dated 2 1.1.2009 that "which 'related documents in support of her studies was I expected to submit for EOL (academic) from 29.7.1995 to 30.4.1996, please list in detail", we have sent the reply in question vide our letter dated 23.2.2009. Since you wanted us to list the related documents in support of your studies, we have intimated the details to you. With regard to the Delhi University rule, as already intimated to you; the Governing Body in its meeting held 27 September 2001 considered your request for conversion of Extra Ordinary Leave on personal grounds from 29th July 1995 to 30th April 1996 to EOL on academic grounds and resolved that "Dr. Prainila Sharma's extraordinary leave cannot be converted into EOL on academic grounds in view of the fact the documents submitted do not meet the requirement laid down in the Leave rules 8(ii)(d) of the University of Delhi". Certified copy of the rules has already been sent to you vide letter No. DRC/RTI/l 416 dated February 20/23,2009."
First Appeal:
Incomplete and unsatisfactory information received from the PIO.
Order of the FAA:
"As laid down in the Leave Rules 8(ii)(d) of the University of Delhi, Extra Ordinary Leave (EOL) can be granted by the Governing Body of the College for various purposes. EOL on academic purposes, on the recommendation of Study Leave Committee, can be granted by the Governing Body to "accept an invitation to a teaching post or fellowship or research-cum-teaching post or an assignment for technical or academic work of importance". However, the documents/letters required to be submitted for EOL (Academic) is not mentioned in the rules and the same is determined by the Leave Committee and Governing Body.
The College had just followed the decisions of the Governing Body as it is the authority in granting Study Leave/EOL (academic)/or any other kind of long leave to teachers."
Ground of the Second Appeal:
False information received from the PIO and FAA.
Relevant Facts emerging during Hearing:
The following were present Appellant : Ms. Pramila Sharma;
Respondent : Mr. S. K. Sharma, Public Information Officer & Section Officer (Admin.); Dr. Renu, Acting Principal;
The PIO has given all the information based on the available records. The Appellant believes that the information provided is not correct. Most of the arguments of the Appellant appear to involve interpretation and clarification. However, the Appellant has now reframing her queries: 1- In the letter of January 12, 2009 the PIO and Principal has written to her in point-03 stating "However, your request will be placed before the appropriate authority for necessary action." The Appellant wants to know if this was placed before any authority and if so the decision of the appropriate authority. If this was not placed before the appropriate authority this will be stated.
Decision:
The Appeal is disposed.
The PIO is directed to give the information as directed above to the Appellant before 20 January 2011.
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 of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 08 January 2011 (In any correspondence on this decision, mention the complete decision number.)(GJ)