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Central Information Commission

Suresh Kumar vs National Institute Of Technology, ... on 6 January, 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

                                  Decision no.: CIC/NITKS/A/2018/145696/02523
                                              File no.: CIC/NITKS/A/2018/145696
In the matter
Suresh Kumar
                                                                 ... Appellant
                                         VS
Public Information Officer,
National Institute of Technology,
Kurukshetra - 136 119
                                                                ...Respondent

RTI application filed on : 22/01/2018 CPIO replied on : 23/02/2018 First appeal filed on : 24/02/2018 First Appellate Authority order : Not on record Second Appeal dated : 30/05/2018 Date of Hearing : 03/01/2020 Date of Decision : 03/01/2020 The following were present:

Appellant: Not present Respondent: Shri G.R Samantray, Joint Registrar and CPIO, Present over VC Information Sought:

The appellant has sought the following information:

1. How many hostels are there in the institution and how many students stay in the hostels. Provide complete list.

2. How many messes are there in the institution. Provide a copy of Govt./ Department/ Institution rules laid down for their operation.

3. Details of the budget allotted for operation of mess since the establishment of the institution. Name of the authority which has sanctioned the budget.

Provide year-wise details.

4. And other related information.

Grounds for Second Appeal The CPIO did not provide the desired information. Submissions made by Appellant and Respondent during Hearing:

The appellant was not present despite duly served notice on 26.12.2019 vide speed post acknowledgment no ED556960869IN. The CPIO submitted that an apt reply was sent to the appellant vide letter dated 23.02.2018. He further clarified that reply to point no.2 covers the points no. 3 to 9 of the RTI application and hence the reply provided is complete.

Observations:

Based on a perusal of the reply it was noted that the CPIO replied that hostel messes in NIT Kurukshetra are run on co-operative basis. They are fully financed by the resident students and run on "No Profit No loss basis". A mess committee consisting of resident students of each hostel governs the running of the mess. No financial aid is provided by the institute for running the hostel messes. The decision of the mess committee of each hostel is final. The co- operative messes which are being run fully by the students do not fall in the purview of the RTI Act. The appellant was not present to contest the CPIO's reply.The CPIO's reply addresses the first point and it is a fact that the rest of the points flow from the first point. Thus, the stand taken by the CPIO is correct.

Decision:

In view of the above, the Commission finds no infirmity in the CPIO's reply. Moreover, the appellant has not availed of the opportunity to plead his case. Therefore, no further action is warranted in this case.

The appeal is disposed of accordingly.

Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 2