Central Information Commission
Mr.Bhupendra Gupta vs Ministry Of Human Resource Development on 9 May, 2013
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/RM/A/2012/000359/LS
File No.CIC/RM/A/2012/000329/LS
File No.CIC/RM/A/2012/000360/LS
Appellant Shri Bhupendra Gupta
Public Authority Indian Institute of Information Technology, Design &
Manufacturing(IIITDM).
Dates of hearing 09.05.2013
Date of decision 09.05.2013
Facts :-
The above cited three appeals have been filed by the appellant herein. These are being decided through a common order that follows. Heard today dated 09.05.2013. Appellant present along with Shri Subir Singh Lamba. The Public Authority is represented by Shri Prabodh Pande, Assistant Registrar(CPIO). The case-wise position is as under :-
File No.CIC/RM/A/2012/000359/LS :-
2. It is noticed that in the RTI application dated 21.10.2011, the appellant had sought information on 04 paras, In the 1st para, he had sought to know whether the minutes of the meetings of Board of Governors(BIG) fall in public domain ?. In the 2nd para, he had sought information on six sub-paras regarding the honorarium being paid to the external experts.
The appellant, however, does not press paras 03 and 04 of the RTI application.
3. I have heard the parties and perused the material on record. Suffice to say that in the first para, the appellant has raised a generic issue. He has not sought any specific information. In other words, he is not seeking minutes of a particular meeting of BOG held by IIITDM. He is advised to seek specific information and await the response of the CPIO thereon. If he is dissatisfied with the response of the CPIO on the specific information sought by him, he will be at liberty to move this Commission again. It is also explained to the appellant that, notwithstanding what position the Public Authority takes, the entire minutes can not be said to be either fully disclosable or fully non-disclosable. This issue has to be decided on case to case basis in the framework of the RTI regime.
4. As regards para 02, he seeks information on sub paras (d) & (e) thereof. These sub paras are extracted below :-
"(d) Which external experts to the senate are nominated by Chairman of Board of Governors ?
(e) Which external experts of senate have voting rights ?"
5. In my opinion, this information is disclosable to the appellant. Hence, the CPIO is directed to provide this information to the appellant in 03 weeks time. File No.CIC/RM/A/2012/000329/LS :-
6. In the RTI application dated 11.10.2011, the appellant has mentioned that in Advertisement No. 4/2010 dated 24.11.2010, a certain set of eligibility conditions were prescribed for the recruitment of Faculty but these eligibility conditions are at variance with those prescribed in advertisement No. DF/3/2009 and No. DF/1/2009. It is his contention that the eligibility conditions can be altered only by the Ministry of HRD on the recommendations of the Board of Governors and this cannot not be done by the Head of IIITDM at his own level.
7. The real question, therefore, is whether the eligibility conditions in the two advertisements are at variance with each other. If yes, whether these eligibility conditions were prescribed by the Director of IIITDM at his own level or it was done with the approval of the BOG and Ministry of HRD and whether the Director was competent to alter the eligibility conditions at his own level.
8. Shri Pande submits that he will have to examine the records before answering the aforesaid queries. In view of the above, Shri Pande is hereby directed to study the matter in depth and respond to these queries in a clear and categorical manner. He may also supply copies of the relevant file notings to the appellant, free of cost.
9. Yet another issue raised by the appellant is that the Director, IIITDM, has prescribed the pay scale of the Assistant Professors for the Research Scientists even though the educational qualifications of the Research Scientists are lower than that of Assistant Professors. It is his say that the Director is not competent to prescribe this pay scale for the Research Scientists without the approval of the BOG and the Ministry of HRD.
10. On the other hand, Shri Pande submits that the pay scale of Research Scientists has been fixed with the prior approval of the Ministry of HRD. In the premises, he is directed to supply copy of the approval of the Ministry of HRD to the appellant, free of cost, in 03 weeks time.
File No.CIC/RM/A/2012/000360/LS :-
11. In the RTI application dated 16.12.2011, the appellant had sought information on 03 paras. In the first para, he had sought copies of taxi bills, telephone bills etc. in respect of the Registrar of the Institute. In 2nd para, he had sought copies of the letters/communications received from Central Counselling regarding fixation of honorarium. In the 3 rd para, he had sought information about the daily allowance paid to certain Members of the Faculty of Institute for their foreign visits etc..
12. I have heard the parties and perused the relevant records. As regards paras 01 & 02 of the RTI application, the requested information is entirely disclosable to the appellant. However, as a practical measure, it is ordered that the relevant records may be offered for inspection to the appellant on a mutually convenient date and time and he be permitted to take extracts there-from on payment of requisite fee. However, as regards para 03,the appellant submits that the details of the DA paid to the Faculty Members has been provided to him but copy of the rules under which DA has been fixed has not been supplied to him. Shri Pande, however, submits that the payment is being made as per FRSR which is a public document. Even so, Shri Pande is hereby directed to supply copy of the relelvant pages of SRFR to the appellant, free of cost, in 04 weeks time.
Sd/-
( M.L. Sharma ) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
( K.L. Das ) Deputy Registrar Address of parties :-
1. The CPIO, Indian Institute of Information Technology Design & Manufacturing, Dumna Airport Road, Khamaria, Jabalpur-482005.
2. Shri Bhupendra Gupta, AP PDPM IIIT DM Jabalpur, Dumna Airport Road, Khamaria, Jabalpur-482005.