Central Information Commission
M Archuman vs University Grants Commission on 26 June, 2020
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
File no.: CIC/UGCOM/A/2019/127434+127432+127433+127430+127428
In the matter of:
M Archunan
... Appellant
VS
Central Public Information Officer,
University Grants Commission (UGC),
Bahadurshah Zafar Marg, New Delhi-110002
...Respondent
Date of hearing : 26.06.2020
Date of decision : 26.06.2020
File Nos. RTI application CPIO First Appeal FAA's Second
filed on replied on filed on Order on Appeal
Dated
1.127434 11.12.18 Not on 12.01.19 Not on 30.03.19
record record
2.127432 24.12.18 Not on 30.01.19 Not on 30.03.19
record record
3.127433 11.12.18 Not on 12.01.19 Not on 30.03.19
record record
4.127430 24.12.18 Not on 30.01.19 Not on 30.03.19
record record
5.127428 24.12.18 Not on 30.01.19 Not on 30.03.19
record record
Note: The above listed cases of the appellant were clubbed together, as these are RTI applications involving similar subject matter and same parties. For the sake of brevity, cases were clubbed and adjudicated by a common order. The hearing too was conducted in a similar fashion.
1The following were present:
Appellant: Not present Respondent: Shri Mriganka Sekhar, Education Officer and CPIO UGC, present over phone; Shri Bishambher Datt, Senior Administrative Officer and CPIO IUAC
1.Information sought in File no. 127434:
The appellant has sought the following information:
1. Provide the detailed action taken report on the complaint dated 13/09/2015 sent by the appellant to the Chairman, UGC and the Secretary, UGC.
2. Provide the detailed action taken report on the complaint/public grievance dated 15/07/2015 and having registration No. DSEHE/E/2015/03610.
3. Provide the detailed action taken report on the complaint/public grievance dated 22/01/2018 and having registration No. DSEHE/E/2018/00332.
4. Provide the copy of the reply given by the IUAC vide letter No. IUAC/II.285 dated 10/03/2016.
5. And other related information.
2.Information sought in File no. 127432:
The appellant has sought the following information:
1. Provide the following information/complete details with respect to the post of Director of Inter-University Accelerator Centre (IUAC), New Delhi,
a) Copy of the Recruitment Rules.
b) Copy of the terms and conditions such as minimum and maximum age limits, minimum and maximum educational qualifications, minimum and maximum experiences, etc.
c) Copies of the terms and conditions of employment, such as, the Appointing Authority, disciplinary rules & conditions, Disciplinary Authority, payments, salary and emoluments, re-employment after retirement, etc.
d) Age of retirement/superannuation and retirement benefits.
2. And other related information.
23.Information sought in File no. 127433:
The appellant has sought the following information pertaining to the Governing Board of IUAC and the Council of IUAC:
1. Provide the detailed action taken report on the complaint dated 13/09/2015 sent by the appellant to the then Chairman, Governing Board of lnter-University Accelerator Centre (IUAC), New Delhi- 110067 (addressed to Dr. Anil Kakodkar, INAE, Satish Dhawan Chair of Engineering Eminence, Bhabha Atomic Research Centre, Anushaktinagar, Mumbai -400085).
2. Provide the detailed action taken report on complaints, representations, legal notices, etc, with respect to the issue of non-implementation of APAR Rules at IUAC and especially on complaint dated 17/05/2018 sent by the appellant to the President of India and a copy also sent to the Chairman, Governing Board of IUAC(addressed to Dr. (Prof )Srikumar Banerjee, DAE, Homi Bhabha Chair professor, Bhabha Atomic Research Centre, Central Complex, Trombay, Mumbai - 400085).
3. Copies of all the written, email & electronic communications, agenda & minutes of the meetings of internal &external committees of IUAC, such as Housing committee, Standing committee for Administration, Departmental promotion committee, internal complaints committee, Governing Board /council, etc, taken place with respect to the service/employment of the appellant with IUAC, his complaints, representations, appeals, legal notices, etc, happened during entire the entire service period of the appellant in IUAC, i.e., from April 2004 to till date.
4. Information sought in File no. 127430:
The appellant has sought the following information:
1. Provide the following details/information with respect to the appointment of Prof. Avinash Chandra Pandey to the post of Director of IUAC, New Delhi:
a) Copies of recommendations, if any, received from the then Director of IUAC, from the Chairman of IUAC, from the Governing Board of IUAC, etc.
b) Copies of the details of the Search committee, if any, constituted for the above mentioned post.
c) Copies of the details of the Selection committee, if any, constituted for the above mentioned post.3
d) Copy of the advertisement, if any, issued for the post of Director before the appointment of Prof. Avinash Chandra Pandey.
e) Details of the number of applications, if any, received, processed, shortlisted and number of candidates appeared for the interview/interaction and number of candidates called for the interview/interaction.
f) Copies of the Recommendations/Reports of the selection and/or Search committee.
g) Copies of the Appointment Order/offer.
2. And other related information.
5. Information sought in File no. 127428:
The appellant has sought the following information:
1. Provide list of the names and designations of the UGC officials, i.e., both, present as well as the former employees of UGC, who are/were residing in the guest house of the IUAC, New Delhi and provide the following details:
a) Copies of the rules and regulations according to which they are being allowed/permitted to reside in the IUAC's Guest House at the IUAC Campus.
b) Period of present as well as the former employees of UGC who stayed at the IUAC's Guest House at the IUAC Campus.
c) Provide the details of amounts paid by the above stated employees of IUAC, if any, as rent to the IUAC, for residing in the IUAC's Guest House at the IUAC Campus.
d) Details of their payments, salary emoluments, etc, and especially, the amounts of the House Rent Allowance (HRA) paid to them by the UGC from the date of appointment to till date.
2. And other related information.
Grounds for Second Appeal The CPIO and the FAA have not provided any information.
4Submissions made by Appellant and Respondent during Hearing:
At the outset it was noted that the appellant vide e-mail dated 09.06.2020 stated that he is not interested in participating in the hearing and based on the facts presented in his second appeals, the Commission may take appropriate action as deemed fit.
Shri Mriganka Sekhar, the CPIO UGC submitted that the RTI applications relating to case no. 127434, 127433 and 127428 were transferred to CPIO Inter-University Accelerator Centre (hereinafter referred as IUAC) on 15.01.2019 via e-mail.
The CPIO IUAC submitted copies of the replies pertaining to the above- mentioned 3 RTI applications. The replies are dated 12.03.2019 in respect of RTI registration no. 58243, dated 12.02.2019 in respect of RTI registration no. 58244 and dated 12.02.2019 in respect of RTI registration no. 58519. The Commission verified the RTI registration numbers with the RTI applications available on record and find that, in case no. 127434 the RTI registration number is 58243 and information was sought on 7 points, in case no. 127433 the RTI registration number is 58244 and information was sought on 3 points, and in case no. 127428 the RTI registration number is 58519 and information sought was on 2 points.
On a query by the Commission for no-reply in respect of case no. 127432 the RTI registration number 58517 in which the information was sought on 3 points, and case no. 127430 the RTI registration number 58518 in which the information was sought on 3 points, the CPIO UGC submitted that he was on study leave w.e.f 14.01.2019 to 15.07.2019 and during that period nobody was holding the charge as CPIO and that is why the replies could not be given from his end or on his behalf. However, he submitted that the FAA, Dr Manju Singh had sent a combined reply to both the RTI applications vide letter dated 15.02.2019 in which copies of MoA and Advertisements were enclosed. Further the information which were personal in nature related to the third parties were denied u/s 8(1)(j) of the RTI Act.
5Observations:
Based on a perusal of the record, it was noted that apt point wise replies were given by the CPIO IUAC in respect of cases no. 127434, 127433 and 127428. The FAA's reply in respect of cases no. 127430 and 127432 is also considered apt and as per the RTI Act. However, the fact remains that the replies from the respondent UGC in two cases were delayed due to the non availability of the CPIO. The FAA is issued an advisory to take note of the timelines prescribed under the Act and ensure in future that the RTI applications are invariably attended to in a time bound manner by the CPIOs and in their absence a link officer should be nominated to handle RTI applications.
Considering the copies of the replies given to the appellant, the Commission finds no infirmity in the replies. Moreover, the appellant was not present to point out the deficiency in the replies.
Decision:
In view of the above observations, the Commission finds no scope for any intervention in the matter. The Appellant has not availed of the opportunity to plead his case or contest the CPIO's submissions. The Commission accordingly upholds the submissions of the CPIO. No further action lies.
The appeals are disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 6