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Central Information Commission

Dr.Sudeep Kumar Dubey vs Ministry Of Human Resource Development on 7 May, 2013

                        CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                        Old JNU Campus, New Delhi-110067
                                  Tel: +91-11-26105682


                           File No.CIC/RM/A/2012/000654


Appellant:                                Dr. Sudeep Kumar Dubey, Delhi
Public Authority:                         Durgabai Deshmukh College of Special
                                          Education (Visual Impairment), Delhi
Date of Hearing:                          07.05.2013
Date of decision:                         07.05.2013



Heard today, dated 07.05.2013.

Appellant is present.

The Public Authority is absent.

FACTS

Vide RTI dt 23.1.12, appellant had sought information on 4 points.

2. PIO vide letter dt 3.3.12, provided a point wise response.

3. An appeal was filed on 9.4.12.

4. Consultant/PIO vide order dt 7.5.12, provided additional information and disposed of the appeal.

5. Submissions made by the appellant were heard. The appellant submitted that information on query no.2 has not been provided to him and he has been asked to procure this information from the department concerned. The Commission is in receipt of a Fax message dt May 7, 2013 from Dr Swati Sanyal, Course Director, seeking postponement of the hearing due to their preoccupation with other matters. This request was considered and rejected.

DECISION

6. The Commission agrees with the submission of the appellant with respect to query no.2. It is incumbent on the PIO to either provide the information to the appellant or to transfer the RTI under the appropriate section of the RTI Act to the authority which is the custodian of the information. In the instant case, the Course Director, Dr Swati Sanyal has erred in asking the appellant to obtain the information "from the Department concerned".

7. The Commission directs the PIO to take appropriate action in respect of query no.2 or to transfer the RTI to the appropriate authority within ten days from the date of the order.

The appeal is disposed of.

(Rajiv Mathur) Central Information Commissioner Authenticated true copy forwarded to:

The CPIO Durgabai Deshmukh College of Special Education (Visual Impairment) (University of Delhi), Near Oberoi Hotel The Blind Relief Association, Delhi New Delhi-110003.

The First Appellate Authority Durgabai Deshmukh College of Special Education (Visual Impairment) (University of Delhi) The Blind Relief Association, Delhi New Delhi-110003.

Dr. Sudeep Kumar Dubey F -166/S -1, Dilshad Colony, Delhi-110095.

(Raghubir Singh) Deputy Registrar 2