Central Information Commission
Gaurav Singh vs National Institute Of Technology, ... on 24 September, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: CIC/NITMN/A/2019/600579
In the matter of:
Gaurav Singh
... Appellant
VS
Central Public Information Officer,
National Institute of Technology (NIT),
Manipur, Langol, Imphal - 795004
...Respondent
RTI application filed on : 01/10/2018 CPIO replied on : Not on record First appeal filed on : 03/11/2018
First Appellate Authority order : Not on record Second Appeal dated : 10/01/2019 Date of Hearing : 22/09/2020 Date of Decision : 22/09/2020 The following were present: Appellant: Present on VC
Respondent: Dr. Ashish Ranjan, Assistant Professor and Nodal CPIO- present over VC Information Sought:
The appellant has sought the following information:
1 Whether there is any fee for obtaining degree certificate, if any student does not attend the convocation and wants to get a degree certificate. 2 All students have already paid Rs.500 for degree certificate in the last semester Academic fee. Whether the appellant will have to pay additionally Rs.300, if the students do not attend the convocation and want to take degree certificate after convocation.1
3 When will NIT Manipur refund the caution deposit or due money to the students who have completed their course in 2018.
4.Provide details about the caution or due money of the appellant, whose enrolment number is 16302003. When the college will return the same to the appellant.
Grounds for Second Appeal The CPIO and the FAA have not provided any information.
Submissions made by Appellant and Respondent during Hearing:
The appellant stated that though he received the reply, it was very much delayed and he is not satisfied with the reply on point no. 1 as it has not been clarified whether an amount of Rs. 300 has to be paid even by those students who do not attend the convocation.
The respondent informed that undoubtedly delay did occur but this could have happened due to shortage of staff and being a relatively new NIT.As far as the queries are concerned, he reiterated the recent written submissions dated 15.09.2020 and clarified that all students have to pay this nominal amount of Rs.300 whether they attend the convocation or not. Further, on point no. 3, as informed, an amount of Rs.20,139 was refunded to the appellant.
Observations:
Based on a perusal of the record, it was noted that there was no reply on record by the CPIO or the FAA to the appellant. However, the respondents in their recent written submissions to the Commission have enclosed a reply sent to the appellant on 25.04.2019 which is also very badly delayed. No explanation for this delay has been given in the written submissions, however the CPIO attempted to justify this delay during the hearing, but the explanation was far from satisfactory. Further, on a close scrutiny of the information sought by the appellant in all the points, it was also noted that the same was not covered within the definition of information u/s 2(f) of the RTI Act. However, the reply given was a point wise reply.
Decision:
As far as the queries raised in the RTI application are concerned, though strictly not covered under sec. 2(f) of the RTI Act, these have been appropriately responded to though late so no further action lies.2
A strict warning is issued to the CPIO and the FAA for not replying to the appellant's application on time and for failure to pass any order on the first appeal thereby causing violation of the Right to information of the appellant.
The appeal is disposed of accordingly.
Vanaja N. Sarna(वनजा एन. सरना) Information Commissioner (सूचनाआयु त) Authenticated true copy (अ भ मा णतस या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date 3