Central Information Commission
Swapan Garain vs Ministry Of Human Resource Development on 11 May, 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
Decision no.: CIC/MOHRD/A/2019/646463/03402
File no.: CIC/MOHRD/A/2019/646463
In the matter of:
Dr. Swapan Garain
... Appellant
VS
Central Public Information Officer,
Tata Institute of Social Sciences(TISS)
Sion-Trombay Road, Deonar,
Mumbai 400088
...Respondent
RTI application filed on : 11/03/2019 CPIO replied on : 14/07/2019 First appeal filed on : 23/04/2019 First Appellate Authority order : 09/07/2019 Second Appeal dated : 27/06/2019 Date of Hearing : 06/05/2020 Date of Decision : 06/05/2020 The following were present: Appellant: Present over phone
Respondent: Shri Shahaji Chavan, Administrative Officer and CPIO and Shri M.P Balamurugan, FAA, present over phone Information Sought:
The appellant has sought the following information:
1. Copies of specific rules concerning use of social media (including facebook, twitter, whatsapp, etc.) that are in force since 01.01.2016 and applicable to the faculty members of TISS.1
2. Name of the faculty members against whom action has been taken for violation of above said rules since 01.01.2016 and the nature of the action taken.
Grounds for Second Appeal The appellant stated in his second appeal that CPIO provided part and misleading information.
Submissions made by Appellant and Respondent during Hearing:
The appellant contested the CPIO's reply dated 14.06.2019 being delayed and the FAA order dated 09.07.2019 too. He further pointed out that the reply is misleading as there is no specific rule relating to social media use by the TISS and the CPIO should affirm on affidavit regarding the non availability of such rule instead of giving some irrelevant information in respect of point 1 of the RTI application.
The CPIO submitted that the electronic resources of the organisation were misused by the appellant and specific rules in respect of the same are not there, but whatever could be given on the subject was provided. Observations:
Based on a perusal of the record, it was noted that a delayed reply was provided on 14.06.2019 and the FAA passed an order on 09.07.2019 which was complied with on 26.07.2019. However, it is pertinent to mention here that the appellant pleaded correctly that the specific rules concerning use of social media (including facebook, twitter, whatsapp, etc.) that are in force since 01.01.2016 and applicable to the faculty members of TISS was not given to him. In case there is no such rule, the CPIO should provide a categorical reply in respect of the same.
Decision:
The CPIO is accordingly directed to provide a revised categorical reply regarding the availability of such rule, in case no such rules exist he shall categorically affirm the same, within 7 days from the date of withdrawal of the lockdown.
The PIO is cautioned to be careful with regard to the timelines prescribed under the Act and refrain from providing delayed/incomplete replies to prevent repeated second appeals before the Commission and to avoid penal action u/s 20 of the RTI Act.2
The appeal is 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 3