Central Information Commission
Pradip Banerjee vs Indian Institute Of Management, ... on 27 October, 2022
CIC/IIMKO/A/2021/139048
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/IIMKO/A/2021/139048
In the matter of:
Pradip Banerjee ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Indian Institute of Management,
Calcutta, IIM-Calcutta,
Diamond Harbour Road, Joka,
Kolkata, West Bengal -700104
Relevant dates emerging from the appeal:
RTI Application filed on : 15.12.2020
CPIO replied on : Not on Record
First Appeal filed on : 22.06.2021
First Appellate Authority order : Not on Record
Second Appeal received on : 17.09.2021
Date of Hearing : 19.10.2022
The following were present:
Appellant: Shri Pradip Banerjee along with his brother Shri Sudip Banerjee,
participated in the hearing through video conferencing from NIC Nizam
Palace.
Respondent: Shri Animesh Chandra Banerjee, PIO and Manager
(Personnel), IIM-Calcutta, participated in the hearing through video
conferencing from NIC Nizam Palace.
Page 1 of 6
CIC/IIMKO/A/2021/139048
ORDER
Information sought:
The Appellant filed an RTI Application dated 15.12.2020 seeking information as under:
"Undersigned with to get above information under RTI, Act 2005 as stated above. Also, required to seeking some information in June 2016, but No information comes except through an acknowledgement letter issued from IIMC dtd 26/72016, and it takes almost 4 ½ yrs to provide information.
It seems to me cryptic in one sense but in other it assumes as surmise, However, you are kindly requested to provide information as stated in above."
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 22.06.2021, 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.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he has not received the relevant information as sought in the instant RTI Application from the Respondent till date.
The Respondent submitted that first reply qua the instant RTI Application has been given to the Appellant vide letter dated 11.02.2021. The contents of the same are as under:Page 2 of 6
CIC/IIMKO/A/2021/139048 He further added that thereafter the Appellant has sought clarifications over the reply dated 11.02.2021 and the same has given by their office vide letter dated 16.03.2021. The contents of the same are as under:Page 3 of 6
CIC/IIMKO/A/2021/139048 A written submission has been received by the Commission from Shri Animesh Chandra Banerjee, PIO and Manager (Personnel), IIM-Calcutta, vide letter dated 18.10.2022, wherein the Commission has been apprised as under:Page 4 of 6
CIC/IIMKO/A/2021/139048 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 provided adequate reply to the Appellant vide letter dated 11.02.2021 and 16.03.2021 but the same has been given after an inordinate delay. Therefore, the Commission strictly admonishes the conduct of the Respondent for not providing any reply to the Appellant within the stipulated time-frame as mandated in the RTI Act. The Commission sternly cautions the Respondent public authority that in future, they shall ensure that replies to the RTI Applications shall be provided within the mandated time-frame as specified in the provisions 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: 26.10.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/IIMKO/A/2021/139048 Addresses of the parties:
1. The First Appellate Authority (FAA) Indian Institute of Management, Calcutta, IIM-Calcutta, Diamond Harbour Road, Joka, Kolkata, West Bengal -700104
2. The Central Public Information Officer Indian Institute of Management, Calcutta, IIM-Calcutta, Diamond Harbour Road, Joka, Kolkata, West Bengal -700104
3. Mr. Pradip Banerjee Page 6 of 6