Central Information Commission
C V Guru Rao vs All India Council For Technical ... on 25 March, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : . CIC/AICTE/A/2019/127328
C V Guru Rao अपीलकता /Appellant
......अपीलकता
VERSUS
बनाम
CPIO,
AII India Council for Technical Education
RTI Cell, South Central Regional
Office, Hermitage Complex, 5th Floor ,
Block No. 503 & 504, Hill Fort Road,
Hyderabad -500004.
CPIO,
AII India Council for Technical Education
RTI Cell, HEAD Office, Nelson
Mandela Marg, Vasant Kunj,
New Delhi-110070. .... ितवादीगण /Respondent(s)
Date of Hearing : 23/03/2021
Date of Decision : 23/03/2021
INFORMATION COMMISSIONER : Saroj Punhani
1
Relevant facts emerging from appeal:
RTI application filed on : 27/02/2019
CPIO replied on : 27/03/2019
First appeal filed on : 03/04/2019
First Appellate Authority order : NA
2nd Appeal/Complaint dated : 04/06/2019
Information soughtand background of the case:
The Appellant filed RTI application dated 27.02.2019 seeking information on seven points:
"1. A Copy of letter of resignation dated: 17-01-2011 that was tendered by appellant to the post of Principal, Kakatiya Institute of Technology and Science Warangal together with endorsements made on it.
2. A copy of relieving order that was issued to appellant on the day of handing over of the charge of Principal of Kakatiya Institute Technology and Science, Warangal i.e., on 31-01-2011 and which was duly acknowledged by him in receipt of the same.
3. A copy of confirmation order issued up on confirming his services as Professor of Computer Science and Engineering at the Department of Computer Science and Engineering of Kakatiya Institute of Technology and Science, Warangal and which was duly acknowledged by me in receipt of the same.
4. A copy of appointment order issued up on appointing appellant as Principal of Kakatiya Institute of Technology and Science, Warangal and which was duly acknowledged by him in receipt of the same.
5. A copy of confirmation order issued up on confirming his services as Principal of Kakatiya Institute of Technology and Science, Warangal and which was duly acknowledged by him in receipt of the same.
6. A copy of an order issued to him asking to handover the charge of Principal of Kakatiya Institute of Technology and Science Warangal and which was duly acknowledged by him in receipt of the same.
7. A copy of proceedings of disciplinary action either taken in his entire service or initiated and pending against him, i.e., Dr. C. V. Guru Rao, as on 31-01-2011, the day on which appellant had handover the charge of Principal of Kakatiya Institute of Technology and Science, Warangal. Provide the specific information on the same, state whether Yes or NO. If Yes, 2 provide a copy of the same and all related memos, charge sheets, enquiry committee reports as well as orders issued to him in that regard."
The CPIO, AICTE has transferred the RTI application on 27.03.2019 under section 6(3) of the RTI Act, 2005 to the Principal, Kakatiya Institute of Technology and Science, Warangal.
Being dissatisfied, the appellant filed a First Appeal dated 03.04.2019. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied with the non-receipt of information, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video conference.
Respondent No.1: Dr. Amit Vishwasrao Salunkhe, Assistant Director & Regional Officer & CPIO present through video conference.
Respondent No.2: Dr. Neetu Bhagat, Dy. Director & CPIO present through intra- video conference.
The Appellant stated that he is aggrieved with the non-receipt of any material information till date from the AICTE or the concerned institute.
Respondent No.2 submitted that the information sought for in the RTI Application is not held by AICTE and the same was intimated to the Appellant by the FAA and he was also informed that if and when the information is received from the Kakatiya Institute of Technology and Science, Warangal based on the transfer of the RTI Application, it will be provided to him. He further submitted that the institute had replied to their office on 04.04.2019 stating that the Appellant is asking for documents which are already in his possession to merely drag them into litigation and it was also apprised to the AICTE that against an order of the Andhra Pradesh State Information Commission, the institute has sought for an interim stay on the issue of declaring them as a public authority under Section 2(h) of the RTI Act.3
Upon a query from the Commission, the Appellant stated that he wants the documents held by him in certified form that is why he has asked for the said information.
Decision The Commission observes from a perusal of the facts on record that concededly, the documents sought for at points 2-6 & 8 of the RTI Application refer to documents which are said to have been received and acknowledged by the Appellant himself and therefore it cannot be deemed as records which are being withheld by Respondent No.2. Moreover, Respondent No.2 has affirmed that these records are not available with their office and as opposed to the Appellant's claim during the hearing, the RTI Application does not specify that he wants the certified copies of documents. For the said reasons, no relief is being ordered for the averred points.
Nonetheless, in keeping with the letter and spirit of the RTI Act, the Commission observes that scope for relief is pertinent with respect to points no.1, 7 & 9 of the RTI Application. In this regard, adverting to the contention of Respondent No.2 during the hearing that Kakatiya Institute of Technology and Science, Warangal has challenged the applicability of Section 2(h) of the RTI Act before a Court of Law, it may be noted that the status of the said institute being a public authority or not under the RTI Act is not the question for determination as the instant RTI Application was filed with a public authority. Here, it is relevant to bring out the provisions of Section 2(j) and 2(f) of the RTI Act which clearly stipulates that:
Section 2(j)- "...."right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to--..........."
Section 2(f)- "...."information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force..."4
Upon a conjoint reading of the two Sections, it becomes essentially clear that the instant RTI Application of the Appellant has to be construed in the spirit of the aforementioned provisions of the Act. It is emphasized therefore that even if hypothetically the claim of the averred institute not being a public authority is conceded with, the fact remains that the Appellant has sought for the information from a public authority and not from the institute.
Having observed as above, the Commission now directs Respondent No.2 to revisit the instant RTI Application and provide the information for points no. 1, 7 & 9 therein to the Appellant, free of cost, if the same is available with their office or if this information can be accessed from the averred institute. In the event that the said information is not available with Respondent No.2 or it cannot be accessed from the institute, a categorical statement to this effect should be stated in the CPIO's reply. The said directions should be complied with by the Respondent No.2 within 15 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5