Central Information Commission
Dr.Tanzeemfatima vs Ministry Of Human Resource Development on 8 April, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001128/11910
Appeal No. CIC/SG/A/2010/001128
Relevant Facts emerging from the Appeal:
Appellant : Dr. Tanzeem Fatima
Qayam Complex, Iqra Colony,
Doharra, Aligarh-202002
Respondent : Mr. Qazi Javed Ahmad
Public Information Officer & Section Officer Ministry of Human Resource Development Section Officer, Office of Central Public Information Officer, Departmental Enquiries Section, Registrar's Office, 'Aligarh Muslim University, Aligarh-202002 RTI application filed on : 09/02/2010 PIO replied : 03/03/2010 First appeal filed on : 11/03/2010 First Appellate Authority order : 10/04/2010 Second Appeal received on : 29/04/2010 Notice of hearing sent on : 09/03/2011 Hearing held on : 08/04/2011 Sl. Information Sought PIO's reply
1. The instructions issued by the Vice No instructions issued on the said letter by the Chancellor on my said letter. Vice Chancellor.
2. The daily progress made on my said letter The said letter was received in the Vice so for i.e. where did is reach which Chancellors Office under R.No.9667/VC dated office/functionary (together with name 07.01.2010. The Vice Chancellor marked it to and designation) for how long did it stay the Registrar, AMU and it was received in the with that officer/functionary and what did Registrar's Office on 09.01.2010. The Registrar she/he do doing that period. endorsed it to the Assistant Registrar (D.E. Section) and it was received in the D.E. Section under P.No.7362/DE doted 11.01.2010. Since, the Inquiry Report has been received the entire matter will be placed before the Executive Council for its consideration at its forthcoming meeting.
3. Certified copy of the text of the rules of The information can be obtained from the Public the University for taking action against Domain i.e. from the web site of the University. officers/functionaries for not doing their work i.e. neglecting their duties.
First Appeal:
1. The reply to point I of my application says no instructions issued by the Vice Chancellor on my referred letter whereas this reply is contradicted by the reply to point 2 of my application where it is state that the Vice Chancellor marked my referred letter to the Registrar.
2. The reply to point 2 of the application does not provide
(i) the names of the officers/functionaries
(ii) the designation and name of functionaries in the DE Section;
(iU) the duration for which it stayed with each of the officers/functionaries; and
(iv) the work done by the mentioned Assistant Registrar and other functionaries of the DE Section.
3. The reply to point 3 of my application cannot even be considered a reply and is in sheer violation of Section 7(9) of RTI.
Order of the FAA:
"The Appellate/Authority, DE. Section, Registrar's Office, Aligarh Muslim University asked comments from the CPIO, DE. Section who was handling the matter under Section 50) read with Section 5(5) of the Right to Information Act, 2005 and examined the queries and replies. After perusal of comments of CPIO (DE), the Appellate Authority is of the following view:
I have gone through reply furnished to you by the CPIO, D.E. Section, vide Ref. No. 406/RTI/DEJD.No.OI62JSP dated 03.03,2010 in response to your RTI Application dated 09.02.2010 and your appeal dated 11.03.2010. In this connection, 1 am to inform you that CPIO, D.E. Section provided you designations of Officers/Functionaries who dealt with your application dated 9.01.2010 whose names/designations are Prof. Ziauddin Khairuwala who functioned as Vice Chancellor who marked 'your application to the Registrar on 08.01.10. Ms. Yasmeen Jalal Beg who functioned as Registrar marked it to Assistant Registrar (D.E. Section) on 09.01.10. Mr. Iftikhar Husain, AR. (CE. Section) marked it to Mr. Qazi Javed Ahmad, Section Officer (D,E. Section) / Mr. Athar Abbas, Assistant (Admnin), D.E. Section for put up. It was examined by Mr. Athar Abbas, Assistant and it was submitted to Section Officer (CE. Section)/Assistant Registrar (D.E. Section) on 20.01.10 with a note that Inquiry Report has already been received on 15.01.2010 and no action is needed. The Assistant Registrar, CE. issued instructions dated 29.01.2010 to Mr. Qazi Javed Ahmad, Section Officer, D.E. Section to process the report for further follow up action. (Photocopy of your application dated 06.01.2010 and action taken on it is being enclosed herewith for clarifying the whole position) The information provided by the CPIO, D.E. Section at Sr. No.3 in the reply furnished vide R.406/RTI/DE/D.No.0162/5P dated 03.03.2010 is correct.
With above observations the First Appeal of Dr. (Miss.) Tanzeem Fatima is disposed of."
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Dr. Naved Khan represent gin Dr. Tanzeem Fatima on video conference from NIC-
Aligarh Studio;
Respondent : Mr. Qazi Javed Ahmad, Public Information Officer & Section Officer;
The PIO has given most of the information the Appellant. the Appellant points out that in the order of the FAA it has been mentioned that "....with the note that inquiry report has already been received on 15/01/2010 and no action is needed." The Appellant points out that in the file noting given by the PIO the date shows 18/01/2010. The PIO will explain the reasons for this discrepancy. On query-3 the PIO is directed to send a CD of the rules to the Appellant.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant before 20/04/2011 This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 08 April 2011 (In any correspondence on this decision, mention the complete decision number.) (SM)