Central Information Commission
Gopal Kansara vs University Grants Commission on 7 July, 2022
CIC/UGCOM/A/2021/107318
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/UGCOM/A/2021/107318
In the matter of:
Gopal Kansara ... अपीलकता/Appellant
VERSUS
बनाम
1. CPIO, ... ितवादीगण /Respondent
University Grants Commission,
Bahadur Shah Zafar marg,
New Delhi 110002
2. CPIO,
Jamia Hamdard, Mehrauli -
Badarpur Rd, Near Batra Hospital,
Block D, Hamdard Nagar,
New Delhi-110062
Relevant dates emerging from the appeal:
RTI Application filed on : 09.08.2020
CPIO replied on : 06.10.2020
First Appeal filed on : 24.09.2020
First Appellate Authority order : Not on Record
Second Appeal received on : 17.02.2021
Date of Hearing : 06.07.2022
The following were present:
Appellant: Shri. Gopal Kansara, participated in the hearing through video
conference from NIC Rajsamand
Page 1 of 7
CIC/UGCOM/A/2021/107318
Respondent: Shri. Jitendra, Deputy Secretary, University Grants
Commission & Shri. Mirza Rahil Baig, PIO & System Analyst, Jamia
Hamdard, participated in the hearing in person
ORDER
Information sought:
The Appellant filed an RTI Application dated 09.08.2020 seeking information on the following two points:
Shri. Kundla Mahajan, Under Secretary & PIO, University Grants Commission, New Delhi vide letter dated 06.10.2020, transferred RTI application u/s 6(3) to The Public Information Officer (PIO), Jamia Hamdard, Hamdard Nagar, New Delhi and endorsed a copy to the Page 2 of 7 CIC/UGCOM/A/2021/107318 Appellant. Being dissatisfied, the appellant filed a First Appeal dated 24.09.2020, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of non- receipt of information from the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for and take appropriate legal action against the Respondent.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that no information has been furnished by the Respondent till date and the instant RTI Application was transferred after unreasonable delay.
The Respondent submitted that the information with respect to the instant RTI Application pertains to Jamia Hamdard, so the same was transferred to Jamia Hamdard. Upon being asked by the Commission regarding the current status, the representative from Jamia Hamdard submitted that upon transfer of the RTI, they received only the covering letter without the RTI application and they wrote a letter to the Appellant to furnish a copy of the same but there has been no response from the Appellant. The Commission interjected that in the case of transfer if any laxity is found the said issue should have been taken up with the transferring authority and not the Appellant, then the representative of Jamia Hamdard extended his apologies for the same.Page 3 of 7
CIC/UGCOM/A/2021/107318 Representative of Jamia Hamdard further submitted that they offered to facilitate inspection to the Appellant but no response came from the Appellant.
The Commission queried the Appellant whether he is willing to take the opportunity of inspection of available records at Jamia Hamdard, to which the Appellant affirmatively agreed.
A written submission has been received by the Commission from Shri. Jitendra, Deputy Secretary, University Grants Commission vide letter dated 30.06.2022, wherein the Commission has been apprised as under:Page 4 of 7
CIC/UGCOM/A/2021/107318 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that there was an inordinate delay in the transfer of the instant RTI Application and the Shri. Mirza Rahil Baig PIO, Jamia Hamdard also did not deal with the instant RTI Application appropriately due to which no information has been furnished to the Appellant till date. The above conduct of the Respondents is in contravention of the RTI Act and it maligns the spirit of the RTI Act, therefore, the Commission strictly admonishes the above conduct of the Respondents. The Commission sternly cautions the Respondent public authority that in future, they shall ensure that replies to the RTI Applications shall be provided within the mandated time-frame as specified in the provisions of the RTI Act.
Nevertheless, the Respondent (PIO, Jamia Hamdard) offered inspection of available records to the Appellant and the Appellant affirmatively agreed for the same. In the light of the above, the Commission deems it expedient to direct the PIO, Jamia Hamdard to provide an opportunity to the Appellant to inspect the relevant records as sought in the present RTI Application on a mutually decided date and time duly intimated to the Appellant telephonically and in writing. Copy of documents, if desired, should be provided to the Appellant free of cost up to 25 pages, and beyond those, prescribed fees shall be charged as per the RTI Rules, 2012. The said direction should be complied with, by the CPIO within 45 days from the date of receipt of this order and a compliance report of the same be duly sent to the Commission, enumerating the details of documents inspected and copy of documents provided.Page 5 of 7
CIC/UGCOM/A/2021/107318 The present CPIO is further directed that while complying with the directions of the Commission, all the personal information/identifying particulars of any third parties should be adequately redacted/blackened out. The Commission further directs the present CPIO that no information shall be disclosed to the Appellant which is exempted from disclosure under the provisions of Section 8 and 9 of the RTI Act.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 07.07.2022 Authenticated true copy (अिभ मािणत स यािपत ित) R. P. Grover (आर. पी. ोवर) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 6 of 7 CIC/UGCOM/A/2021/107318 Addresses of the parties:
1. The First Appellate Authority (FAA) University Grants Commission, Bahadur Shah Zafar marg, New Delhi 110002
2. The Central Public Information Officer University Grants Commission, Bahadur Shah Zafar marg, New Delhi 110002
3.The Central Public Information Officer, Jamia Hamdard, Mehrauli - Badarpur Rd, Near Batra Hospital, Block D, Hamdard Nagar, New Delhi-110062
4. Mr. Gopal Kansara Page 7 of 7