Central Information Commission
Alok Kumar Singh Kushwaha vs University Of Allahabad on 7 July, 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
File no.: CIC/UOALD/A/2019/600303
In the matter of:
Alok Kumar Singh Kushwaha
...Appellant
VS
Central Public Information Officer
University of Allahabad
Senate House, University Road,
Old Katra Prayagraj - 211 002, Allahabad
...Respondent
RTI application filed on : 23/09/2018 CPIO replied on : 16/10/2018 First appeal filed on : 26/10/2018
First Appellate Authority order : Not on Record Second Appeal dated : 06/01/2019 Date of Hearing : 06/07/2020 Date of Decision : 06/07/2020 The following were present:
Appellant: Present over VC Respondent: Shri Shailendra Kumar Mishra, Associate Professor & the CPIO alongwith Shri Sanjay Upadhyay, Joint Registrar & the Nodal CPIO, both present over VC.
Information Sought:
The appellant has sought the following information:
1. List of candidates selected for the post of Assistant Professor in Computer Science subject, University of Allahabad, against the advt. No. UoA/Asst Prof./02/2017.
2. List of candidates, who held M.Sc. (Computer Science) degree and selected for the post of Assistant Professor in Computer Science subject, 1 University of Allahabad, against the said advertisement. Also provide the passing year and name of the University which awarded M.Sc. (Computer Science) degree.
3. List of the selected candidates, who held MCA Degree and selected for the post of Assistant Professor in Computer Science subject, University of Allahabad, against the advt. No. UoA/Asst Prof./02/2017. Also provide the passing year and name of the University which awarded the MCA degree.
4. And other related information.
Grounds for Second Appeal The CPIO has not provided the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that the desired information has not been provided to him till date.
The CPIO submitted that an appropriate reply was given to the appellant on
02.11.2018.
Observations:
From a perusal of the relevant case records, it is noted that the reply of the CPIO on points no. 2 to 6 of the RTI application was not proper as the PIO in his reply dated 02.11.2018 has simply stated that the information is not available in the FRC. If the information was not available in FRC Section, it was incumbent upon the CPIO either to transfer the RTI application u/s 6(3) of the RTI Act to the holder of the information or to seek assistance from them u/s 5(4) of the RTI Act so that whatever information was supplied to the CPIO by the other department could have been forwarded to the appellant. This clearly shows the casual approach of the CPIO regarding the implementation of the provisions of the RTI Act.
During the hearing, the CPIO submitted that the then Director & the PIO, FRC has not given any assistance at the relevant time when any RTI application was forwarded to him and hence he was unable to supply the relevant information to the appellant. The Commission expresses its displeasure at the conduct of the then PIO, Shri Anupam Dixit for failure on his part to assist the CPIO.2
However, since he has retired from service, the Commission is taking a lenient view in the matter.
Be that as it may, since the reply dated 02.11.2018 is not proper particularly on points no. 2 to 6, the present CPIO is directed to provide the relevant information to the appellant as per the provisions of the RTI Act after seeking assistance u/s 5(4) of the RTI Act from the concerned holder. If no such separate list of candidates is maintained as per the points raised by the appellant in his RTI application in any section of the University, the CPIO is directed to give a categorical reply to the appellant.
Decision:
In view of the above, the CPIO is directed to provide an additional reply to the appellant on points no. 2 to 6 of the RTI application after seeking assistance u/s 5(4) of the RTI Act. This direction is to be complied with within a period of 20 days from the date of receipt of this order under intimation to the Commission.
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 3