Central Information Commission
Rahul Sahu vs Guru Ghasidas Vishvidyalaya, Bilaspur on 18 November, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/GGVBP/A/2020/679661
Rahul Sahu ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Guru Ghasidas Vishwavidyalaya,
RTI Cell, C.G, Koni, Bilaspur,
Chhattisgarh-495009 .... ितवादीगण /Respondent
Date of Hearing : 17/11/2021
Date of Decision : 17/11/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 04/05/2020
CPIO replied on : Not on record
First appeal filed on : 07/06/2020
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : 27/07/2020
Information sought:
1
The Appellant filed an online RTI application dated 04.05.2020 seeking information regarding the recruitment of Assistant Professor in the dept. of Mechanical Engg, Advt. No 105/Rec/Adm/2019 dated 03.06.2019 , the result of which was declared on 15/11/2019, including inter-alia;
1. The interview marks given by each member of the interview panel to me.(Member wise).
2. The maximum marks on which the above marks are given.
3. The total interview marks given to me.
4. The marks added to my profile other than the interview.
5. Marks given to me based on my experience.
6. Marks given to me based on my M.tech.
7. Xerox copy of the final evaluation sheet, which shows all the marks allocated to me, based on which my merit was determined.
8. The maximum interview marks given any candidate. (all categories).
9. Xerox copy of the final merit list. (all categories).
10. Xerox copy of the final merit list, showing the separate marks of interview (in all categories).
11. Xerox copy of the final merit list. (OBC).
12. Final marks calculation (based on which their merit was decided) of the selected candidates only. (all categories) and its Xerox copy.
13.The number of Ph.D degree holders who attainted the interview.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 07.06.2020. FAA's order, if any, is not available on record. Feeling aggrieved and dissatisfied with the non-receipt of information, appellant approached the Commission with the instant Second Appeal. Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present though video-conference. Respondent: Abhijeet Tiwari, AR & PIO present through video-conference.
The Appellant stated that he is aggrieved by the fact that no reply and information has been provided to him till date.
The PIO tendered his regrets for not having provided any reply to the RTI Application and submitted that due to the nationwide lockdown imposed since 2 March 2020, the RTI Applicant could not be replied to and upon resuming office, due to the pandemic induced under staffing, the pendency of the instant RTI Application did not come into their notice until receipt of the hearing intimation from the Commission.
Decision:
The Commission at the outset takes grave exception to the fact that prima-facie no efforts were made by the Respondent office to ascertain the pendency of the RTI Applications once the office resumed functioning after the nationwide lockdown thereby causing unwarranted obstruction to the Appellant's right to information which is in grave violation to the provisions of RTI Act.
Therefore, the CPIO is hereby directed to file his written submission to show - cause as to why action should not be initiated against him under Section 20 of the RTI Act for no reply to the Appellant. If any other person is responsible for such delay then the present CPIO, GGVBP is directed to file his/her written submission as well, along with his written submission and supporting documents. The said written submission should reach the Commission within 30 days from the date of receipt of this order.
Now, considering the prayer of the Appellant, the CPIO is further directed to provide a point wise reply along with relevant available information in response to instant RTI Application, free of cost to the Appellant through speed post and email at his given email id.
The aforesaid direction shall be complied by the CPIO within 15 days from the date of receipt of this order under due intimation to the Commission.
The CPIO is also cautioned to ensure that he takes a stock of all the pending RTI Applications post the lockdown period till now and respond to the same expeditiously.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपु सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) 3 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4