Indian Kanoon - Search engine for Indian Law

Central Information Commission

Md. Akhtar vs Jamia Millia Islamia on 25 June, 2025

                                   के ीय सूचना आयोग
                           Central Information Commission
                                बाबा गं गनाथ माग,मुिनरका
                            Baba Gangnath Marg, Munirka
                              नई िद   ी, New Delhi - 110067
ि तीय अपील सं       ा / Second Appeal No. CIC/JAMIS/A/2024/107956+
                                        CIC/JAMIS/A/2024/107603

 Md. Akhtar                                                   ... अपीलकता/Appellant

                                      VERSUS
                                       बनाम
 CPIO:
 Jamia Hamdard University,                               ... ितवादीगण/Respondents
 New Delhi

Relevant dates emerging from the appeal:

 RTI : 20.10.2023 &
                              FA      : 05.12.2023            SA     : 02.03.2024
 26.10.2023
 CPIO : Not on record         FAO : Not on record             Hearing : 16.06.2025


Date of Decision: 24.06.2025
                                       CORAM:
                                 Hon'ble Commissioner
                               _ANANDI RAMALINGAM
                                      ORDER

Second Appeal No. CIC/JAMIS/A/2024/107956

1. The Appellant filed an RTI application dated 20.10.2023 seeking information on the following points:

I, Md. Akhtar was appointed in your prestigious institution as supervisor in the year 1997, regularized in year 2000 and was confirmed in the year 2006. While working as Junior Engineer (Civil), Engineering & Maintenance Department of Jamia Hamdard, unfortunately, I was awarded with punishment of compulsory retirement of in the year 2019. In view of the above the following information is required under RTI Act 2005.

1) Copy of pension rules specially for pension on compulsory retirement.

2) Copy of my revocation after suspension.

3) Copy of appointment letter of inquiry officer (10).

4) Copy of appointment letter of Presenting Officer (PO).

5) Copy of appointment of board of inquiry with Name and designation of all member. ..., etc./ other related information Second Appeal No. CIC/JAMIS/A/2024/107603

2. The Appellant filed an RTI application dated 26.10.2023 seeking information on the following points:

I, Md. Akhtar was appointed in your prestigious institution as supervisor in the year 1997, regularized in year 2000 and was confirmed in the year 2006. While working as Junior Engineer (Civil), Engineering & Maintenance Department of Jamia Hamdard, unfortunately, I was awarded with punishment of compulsory retirement of in the year 2019. In view of the above the following information is required under RTI Act 2005.

1) Copy of Standard form of memorandum for imposing of minor penalty chargesheet.

2) Copy of Standard form of memorandum for imposing of major penalty chargesheet.

3) Copy of rule for appointment of Board of Inquiry.

4) Copy of rule for appointment of Inquiry Officer (IO).

5) Copy of rule for appointment of Presenting Officer (PO).

..., etc./ other related information

3. Having not received any response from the CPIO, the Appellant filed First Appeals dated 05.12.2023. The FAA's order, if any, is not on record of the Commission.

4. Aggrieved with the FAA's orders, the Appellant approached the Commission with the instant Second Appeals dated 02.03.2024.

5. The appellant remained absent during the hearing despite notice and on behalf of the respondent Mr. Mirza Rahil Beg, CPIO and Mr. Ramesh Kumar, AR, attended the hearing in-person.

6. When queried by the Commission in file no. CIC/JAMIS/A/2024/107956 regarding a response furnished to the RTI application, the respondent submitted that no response to the RTI application had been furnished.

7. In file no. CIC/JAMIS/A/2024/107603, the respondent submitted that a suitable point-wise reply as per the provisions of the RTI act has been furnished to the appellant on 04.06.2024 and the same is reproduced as under:-

For point no. 1& 2:- A such no standard form is defined in JH. Case to case basis it is prepared.

For point no. 3 to 14:- Full details of Jamina Hamdard service conduct rules shall be provided only after payment of prescribed fee towards the cost of providing excess information as per RTI Act as details comprise approx.. 30 pages.

For point no. 15:- Service book is not available in records.

For point no. 16:-Vice Chancellor, Jamia Hamdard For point no. 17:- Executive Council, Vice Chanceller For point no. 18:- Service book is not available in records.

For point no. 19:- Service book is not available in records.

For point no. 20, 21 & 22:- Copies shall be provided only after payment of prescribed fee towards the cost of providing excess information as per RTI Act as details comprise approx.. 15 pages."

He stated that the requisite fee had not been deposited by the appellant, hence, no further information had been furnished. Further, the First Appellate Authority vide order dated 26.07.2024, again furnished a reply and the same is reproduced as under:-

For point no. 1& 2 :- Matter needs no intervention by the Appellate Authority.

For point no. 3 to 12:- the CPIO informed the appellant the fee for the supply of 30 pages which he did not deposited. Hence, the matter needs no intervention by the Appellate Authority.

For point no. 14:- as Above For point no.15, 18 & 19:- the CPIO informed that the service book was not available in the University record. it is hereby directed that the Dy. Registrar shall personally make effort to locate the missing service book of the information seeker and provide him a full set of copy without any fee for photocopying charge within 15 days time. In case, if the service book could not be located proper missing report with police is to be filed by him.

For point no. 20, 21 & 21:- the CPIO informed the appellant the fee for the supply of 15 pages which he did not deposited. Hence, the matter needs no intervention by the Appellate Authority.

8. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that in file no. CIC/JAMIS/A/2024/107956 the respondent has not responded to the RTI application in spite of about two years having elapsed. Moreover, Mr. Mirza Rahil Beg, CPIO has not made any efforts either to transfer the RTI application to the office concerned nor responded to the RTI application even upon receipt of hearing notice. Further, in file no. CIC/JAMIS/A/2024/107603, neither Mr. Mirza Rahil Beg, CPIO, mentioned the reasons for the non-availability of the information on point nos. 15, 18, 19 of the RTI application in his reply dated 04.06.2024 nor he complied with the FAA's order dated 26.07.2024 w.r.t the above said points till date. In both cases, Mr. Mirza Rahil Beg, CPIO, failed to explain the cogent reasons for not responding to the RTI application within stipulated time and non-compliance of the FAA's Page 4 of 6 order. Further, the Commission expressed its displeasure over the conduct of Mr. Mirza Rahil Beg, CPIO, for his lackadaisical approach in implementing the RTI Act-2005 and making mockery of the provisions of RTI Act and indulging in only a formality and giving vague reply. In view of this, the Commission issues a Show-cause notice to Mr. Mirza Rahil Beg, CPIO, as to why action under Section 20(1) of the RTI Act should not be initiated against him for not responding to the RTI application within stipulated time in file no. CIC/JAMIS/A/2024/107956 and for non-compliance of the FAA's order in file no. CIC/JAMIS/A/2024/107603. The Commission directs Mr. Mirza Rahil Beg, CPIO, to furnish written statement regarding his above mentioned conduct along with the comments of the First Appellate Authority by uploading on http://dsscic.nic.in/online-link-paper- compliance/add, within 25 days from the date of the receipt of this order. Further, in CIC/JAMIS/A/2024/107956, the Commission directs Mr. Mirza Rahil Beg, CPIO to furnish a reply to the RTI application within 10 days from the date of the receipt of this order, under intimation to the Commission. With these observations and directions, the appeals are disposed of.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 24.06.2025 Authenticated true copy O. P. Pokhriyal (ओ.पी. पोख रयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:

1. The CPIO, Jamia Hamdard University, Mehrauli - Badarpur Road, Near Batra Hospital, Block D, Hamdard Nagar, New Delhi - 110062 Page 5 of 6

2. Md. Akhtar Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)