Central Information Commission
Aadarsh Kumar Mishra vs Dr. B.R. Ambedkar University Delhi on 3 April, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/AMUND/A/2024/101304
Aadarsh Kumar Mishra .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Dr. B.R. Ambedkar University
Delhi, Lothian Road, Kashmere
Gate, Delhi - 110006 .... ितवादीगण /Respondent
Date of Hearing : 25.03.2025
Date of Decision : 02.04.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 18.02.2023
CPIO replied on : 10.03.2023
First appeal filed on : 28.03.2023
First Appellate Authority's order : 25.08.2023
2nd Appeal/Complaint dated : 11.01.2024
Information sought:
The Appellant filed an RTI application dated 18.02.2023 (offline) seeking the following information:
"1. Provide the total number of sanitation workers/housekeeping staff working in all the campuses of Dr. B. R. Ambedkar University Delhi (AUD).Page 1 of 7
2. Provide the names of all the sanitation workers/housekeeping staff working at the Kashmere Gate Campus of Dr. B. R. Ambedkar University Delhi (AUD).
3. Provide the names of all the sanitation workers/housekeeping staff working at the Karampura Campus of Dr. B. R. Ambedkar University Delhi (AUD).
4. Provide the names of all the sanitation workers/housekeeping staff working at the Lodhi Road Campus of Dr. B. R. Ambedkar University Delhi (AUD).
5. Provide the names of all the sanitation workers/housekeeping staff working at the Dheerpur Campus of Dr. B. R. Ambedkar University Delhi (AUD).
6. Provide the names of all the sanitation workers/housekeeping staff working at the Rohini Campus of Dr. B. R. Ambedkar University Delhi (AUD).
7. Provide the total number and the names of sanitation workers/housekeeping staff working in the Kashmere Gate Campus of Dr. B. R. Ambedkar University Delhi (AUD) who are regular employees of the University.
8. Provide the total number and the names of sanitation workers/housekeeping staff working in the Kashmere Gate Campus of Dr. B. R. Ambedkar University Delhi (AUD) who are contractual employees of the University.
9. Provide the total number and the names of sanitation workers/housekeeping staff working in the Karampurą Campus of Dr. B. R. Ambedkar University Delhi (AUD) who are regular employees of the University.
10. Provide the total number and the names of sanitation workers/housekeeping staff working in the Karampura Campus of Dr. B. R. Ambedkar University Delhi (AUD) who are contractual employees of the University.
11. Provide the total number and the names of sanitation workers/housekeeping staff working in the Lodhi Road Campus of Dr. B. Page 2 of 7 R. Ambedkar University Delhi (AUD) who are regular employees of the University.
12. Provide the total number and the names of sanitation workers/housekeeping staff working in the Lodhi Road Campus of Dr. B. R. Ambedkar University, Delhi (AUD) who are contractual employees of the University.
13. Provide the total number and the names of sanitation workers/housekeeping staff working in the Dheerpur Campus of Dr. B. R. Ambedkar University Delhi (AUD) who are regular employees of the University.
14. Provide the total number and the names of sanitation workers/housekeeping staff working in the Dheerpur Campus of Dr. B. R. Ambedkar University Delhi (AUD) who are contractual employees of the University.
15. Provide the total number and the names of sanitation workers/housekeeping staff working in the Rohini Campus of Dr. B. R. Ambedkar University Delhi (AUD) who are regular employees of the University.
16. Provide the total number and the names of sanitation workers/housekeeping staff working in the Rohini Campus of Dr. B. R. Ambedkar University Delhi (AUD) who are contractual employees of the University.
17. Provide the name of the contracting agency/agencies through which the sanitation workers/ housekeeping staff working in all the campuses (i.e. Kashmere Gate, Karampura, Lodhi Road, Dheerpur, Rohini) of Dr. B. R. Ambedkar University Delhi (AUD) are employed.
18. Provide the nature of the contracting agency/agencies providing the sanitation services/housekeeping services at Dr. B. R. Ambedkar University Delhi (AUD). Is/are it/they public-sector/government undertaking or private company?
19. Is the contracting agency which provides the sanitation services/housekeeping services at Dr. B. R. Ambedkar University Delhi (AUD) following all the labour laws and regulations regarding employment of workers?Page 3 of 7
20. Provide the duration of the present contract of the contracting agency/agencies for the employment of sanitation workers/housekeeping staff at Dr. B. R. Ambedkar University Delhi (AUD).
21. Provide the initial contract documents/letters/agreements, etc., between Dr. B. R. Ambedkar University Delhi (AUD) and the contracting agency/agencies for the employment of sanitation workers/housekeeping staff at the University.
22. Provide all the contract documents/letters/agreements and extension notices, etc., between Dr. B. R. Ambedkar University Delhi (AUD) and the present contracting agency/agencies for the employment of sanitation workers/housekeeping staff at the University."
The PIO furnished a few points reply to the Appellant on 10.03.2023 stating as under:
"1 to 6 Total No. of 52 sanitation staff are hired on outsource basis. Deployment at various campus(es) are carried out as per the exigencies of work. Presently following deployment is available:
(a) Kashmere Gate Campus
(b) Karampura Campus
(c) Lodhi Road Campus
(d) SHRM In terms of Hon'ble Supreme Court order dated 25.01.2021 names comes under the personal information and hence can't be provided.
17 & 18 The existing hiring of sanction staff through M/s Broadcast Engineering Consultants India Limited (BECIL) which is a PSU under Ministry of Information & Broadcasting, Government of India 19 The contracting agency being employer under obligation to follow all the labour laws."
The PIO furnished a few points reply to the Appellant on 29.03.2023 stating as under:
"20 Present contract period is one month from 1 March 2023 to 31 March 2023.
Page 4 of 721 The information asked by the applicant is not specific and vague in nature. The applicant may ask specific information.
22 The information asked by the applicant is not specific and vague in nature. The applicant may ask specific information."
Being dissatisfied, the appellant filed a First Appeal dated 28.03.2023. The FAA vide its order dated 25.08.2023, held as under:
"Keeping in view the facts of the case and the application submitted by the respondent, the FAA is of the view that PIO is to provide the information as per available records. Further, the PIO is hereby directed to provide the reply timely in accordance with the spirit of transparency and accountability as enshrined under RTI Act 2005. The Appellant is advised that if he is not satisfied with the information, he may prefer a corrigendum appeal to the undersigned.
The Appeal stands disposed accordingly."
In compliance of FAA's order, the PIO furnished a revised reply to the appellant on 13.10.2023 by stating as under:
"Point No. 21 and 22: (a) The services were obtained as per agreement dated 30.04.2019 made between Dr. B. R. Ambedkar University Delhi and Broadcast Engineering Consultants lndia Limited (BECIL) copy attached (Flag 'A').
(b) Copy of Minutes of the meeting held on dated 14h and 18h June 2019 is attached (Flag 'B').
(c) Copy of approval of Competent authority is attached (Flag 'C').
(d) Copy of BECIL letter No. BECIUHR/PROPOSAU201 9 dated 01.08.2019 is attached 'D',)"
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the following grounds:
"...The information sought by me referred to the names, working conditions and other details pertaining to the sanitation worker/housekeeping staff at different campuses of Dr. B. R. Ambedkar University Delhi (ALJD). The RTI application, moreover, sought information that must be in the public domain. However, even after the Fint Appeal, I Page 5 of 7 have received incomplete and disaggregate information regarding the points mentioned in the application.
As per the clause 7 sub-section 9 of the Right to Information Act, 2005, "An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question."
Thus, the PIO must be directed to give me the information sought in the form mentioned in the RTI application. Moreover, unnecessary delay was made in providing me with the information and deciding my appeal. Hence, necessary action must be initiated against the PIO and the First Appellate Authority as per the RTI Act, 2005."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Represented by Shri Mohd. Bilal, present in person. Respondent: Shri Anshu Singh, AR/PIO along with Prof. Dr. Tanuja Singh, Chair (ICC), Prof. Abhishek Bhardwaj, AR (Estate) and Shri Sudhir Kumar, AR (HR), AUD, Kashmere Gate Campus, Delhi present in person.
The representative of the appellant stated that he is gathering the information for his own research through appellant, and he is aggrieved by the fact that complete information in the desired format has not been provided to him till date.
The respondent submitted that information as is available on record including copy of agreement with the BECIL through which the sanitation workers services were outsourced has already been provided to the appellant vide letters dated 10.03.2023, 29.03.2023 and 13.10.2023. No additional information is available at their end.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records finds no infirmity in the replies Page 6 of 7 provided to the appellant by the respondent vide letters dated 10.03.2023, 29.03.2023 and 13.10.2023 as the same were found to be in consonance with the provisions of RTI Act. It is noteworthy that the CPIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the Appellant.
In view of the above, no relief can be granted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Dr. B.R. Ambedkar University Delhi, Lothian Road, Kashmere Gate, Delhi - 110006 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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