Central Information Commission
Mr.Manish Kumar Pandey vs Ministry Of Human Resource Development on 5 March, 2013
CENTRAL INFORMATION COMMISSION
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Old JNU Campus, New Delhi-110067
Tel: +91-11-26105682
File No.CIC/DS/A/2011/004259/RM
Appellant: Shri Manish Kumar Pandya, Varanasi(U.P)
Public Authority: Banaras Hindu University, Varanasi
Date of Hearing: 05.03.2013
Date of decision: 05.03.2013
Heard today, dated 05.03.2013 through video conferencing.
Appellant is present.
The Public Authority is absent.
FACTS
Vide RTI dt 19.8.11, appellant had sought information on 51 points.
2. CPIO/Department of Sociology, vide letter dt 30.9.11, informed appellant that information sought has not been received from the concerned section.
3. An appeal was filed on 18.10.11.
4. AA vide order dt 22.11.11, informed the appellant that the information sought has not been received and once received will be provided. Prof Ajit Kumar Pandey vide letter dt 24.1.12, provided a response to the appellant.
5. Written submissions received from Prof Chandrakala Padia, Dean and 1st AA, Faculty of Social Sciences, dt 22.1.13, is taken on record. It has been submitted that Prof Ajit Kumar Pandey, ex-Coordinator of the Centre for Study of Social Exclusion & Inclusive Policy, Department of Sociology, Faculty of Social Sciences, has been placed under suspension by the Vice Chancellor vide order dt 3.1.13 and all the documents relating to the Centre and Projects, during the tenure of Prof Pandey, are with the Fact Finding Committee of BHU, constituted by the VC. A point wise response was provided to the appellant vide letter dt 22.1.13.
6. The appellant submitted that he has not received information in respect of queries no. 27-42, 46, 48 and 49 of his RTI dt 19.8.11.
1DECISION
7. The Commission is shocked to see the cavalier manner in which the RTI dt 19.8.11 has been dealt with, violating all norms of the RTI Act. Even the present Coordinator of the Centre for Study of Social Exclusion and Inclusive Policy, Shri Ahok Kumar Kaul has provided only a partial response vide letter dated 22.1.2013. The Commission directs CPIO BHU to provide an immediate response to the queries raised by the appellant within three weeks from date of receipt of the order, without any charge.
8. A show cause notice be issued to the CPIO, Department of Sociology, as to why action u/s 20(1) of the RTI Act be not initiated against him for the unwarranted delay in providing the information. His written submission should reach the Commission within three weeks from date of receipt of the order.
9. If there are other persons responsible for delay in providing information to the appellant, the CPIO is directed to inform such persons of the show cause notice and direct them to provide a response to the Commission.
10. A copy of this order be marked to the Vice Chancellor, Dr Lalji Singh with directions that he should institute an enquiry into the reasons as to why an RTI filed on 19.8.11 is responded to only in January 2013, which is a violation of all norms of the RTI Act. He should also enquire as to why the CPIO and AA of BHU failed to attend the Commission's hearing vide video conferencing.
11. We also direct the Vice Chancellor u/s 19(8) to take immediate steps to ensure compliance of the provisions of the RTI Act and to enhance the provision of training on the right to information for its officials.
The appeal is disposed of.
Sd/-
(Rajiv Mathur) Central Information Commissioner Authenticated true copy forwarded to :
The CPIO (RTI Cell) Banaras Hindu University Department of Sociology, Faculty of Social Science Varanasi -220005 (UP) The First Appellate Authority Banaras Hindu University Department of Sociology, Faculty of Social Science Varanasi -220005 (UP) Shri. Manish Kumar Pandya 2 D-63/15, Mehmurganj Varanasi -221010(UP) Dr. Lalji Singh, (For taking action with reference to Vice Chancellor, para 10 & 11 of the Order.) Banaras Hindu University, Varanasi - 220 005 (Raghubir Singh) Deputy Registrar .03.2013 3