Central Information Commission
Tapas Kumar Datta vs Indian Institute Of Technology, ... on 9 May, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
Decision no.: CIC/IITKG/A/2017/181879/IITKH/00604
File no.: CIC/IITKG/A/2017/181879/IITKH
In the matter of:
Tapas Kumar Datta
... Appellant
VS
Central Public Information Officer
Indian Institute of Technology
Kharagpur - 721 302, West Bengal
... Respondent
RTI application filed on : 05/06/2017 CPIO replied on : 04/07/2017 First appeal filed on : 31/07/2017
First Appellate Authority order : 07/09/2017 Second Appeal dated : 03/12/2017 Date of Hearing : 08/05/2019 Date of Decision : 08/05/2019 The following were present: Appellant: Present in person Respondent: Shri Achintya Kumar Mandal, Joint Registrar and CPIO present through VC Information Sought:
The appellant has sought information as to which of the examiner's reports dated 17.04.1997 or 16.10. 1997, has been referred by one of the examiners stating "Sri Tapas Kumar Datta is hereby asked to specifically state the clarifications or comments (with appropriate reference to the thesis), sought by one of the examiners".1
Grounds for Second Appeal The CPIO did not provide the desired information. Submissions made by Appellant and Respondent during Hearing:
The appellant reiterated the information sought as given in the RTI application and in the second appeal. He again highlighted that all he wanted was to be given only the date of the report of the examiner on his Ph.D. thesis who sought the clarification as mentioned in the Head of Department and Chairman DSC's letter to him dated 13.11.1997. He also requested that penalty be imposed on the CPIO for the harassment caused to him over the last three years.
The CPIO explained that all the information available has been provided to the appellant not only in this case, but in the many RTIs (14) filed by the appellant on the same subject matter. The particular query of the date as sought for is not available with them and he cannot create information which is not on record.
Observations:
Having heard the averments of both the parties in their written submissions and during the hearing, it seems clear that the CPIO has given all the information available with him through the reply to this RTI and to many other RTI applications of the same appellant on the same subject. The particular information relating to the date of the report of the particular examiner is not available and thus cannot be provided.
Decision:
In view of the categorical reply of the CPIO that the required information is not available, the CPIO is directed to file an affidavit with regard to the non- availability of the said information within 7 days from the date of receipt of the order, with a copy duly endorsed to the appellant.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) 2 File no.: CIC/IITKG/A/2017/181879/IITKH Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3