Central Information Commission
R K Mehra vs Jawaharlal Nehru University, New Delhi on 2 September, 2022
CIC/JNUND/A/2021/109961
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/JNUND/A/2021/109961
In the matter of:
R K Mehra ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Jawaharlal Nehru University,
/Nodal Officer, RTI Cell,
JNU Delhi, Administration Block,
Munirka, New Delhi-110067
Relevant dates emerging from the appeal:
RTI Application filed on : 24.12.2020
CPIO replied on : 19.01.2021
First Appeal filed on : 23.01.2021
First Appellate Authority order : Not on Record
Second Appeal received on : 04.03.2021
Date of Hearing : 22.07.2022
The following were present:
Appellant: Shri. R K Mehra, participated in the hearing through video
conference from NIC Ambala
Respondent: Shri. Sanjeev Kumar, Nodal CPIO & Director
(Communication and Information Service), Shri. G.N. Bhatt, Assistant &
Shri. Vinod Kumar, Section Officer (School of Language, Literature and
Cultural Studies) from Jawaharlal Nehru University, participated in the
hearing in person
Page 1 of 7
CIC/JNUND/A/2021/109961
ORDER
Information sought:
The Appellant filed an RTI Application dated 24.12.2020 seeking information on the following ten points:
Shri Vinod Kumar, CPIO/SLL&CS, Jawaharlal Nehru University, New Delhi vide letter dated 19.01.2021, informed to the Appellant as under:Page 2 of 7
CIC/JNUND/A/2021/109961 Being dissatisfied, the appellant filed a First Appeal dated 23.01.2021, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that no information has been furnished yet and further he is not satisfied with the reply furnished by the respondent.
The Respondent submitted that the information sought vide instant RTI Application is not traceable/found with the Center of Linguistics as the same is 20 years old.
The Appellant vide his written submission dated 04.07.2022 stated that, one Shri. Rajesh Kumar Paswan has submitted a paper in a seminar organized by Center for Indian Languages, JNU and on the basis of which the Internal Quality Assurance Cell (IQAC) JNU has given 7.5. API Score for a paper presented by Rajesh Kumar Paswan in a National Seminar organized by JNU on 28/29.08.1997, which must be on the basis of some record. The contents of the above submissions dated 04.07.2022 are as under:Page 3 of 7
CIC/JNUND/A/2021/109961 The Commission remarked that the information with respect to seminars/symposiums conducted by the University must be available with the concerned section, to which the Respondent could not provide a cogent explanation. The Respondent further submitted that no other information with respect to the instant subject matter is traceable.
The Commission further queried the Respondent regarding the status of First Appeal, to which the Respondent submitted that First Appeal has been adjudicated on 26.03.2021 and the contents of the same are as under:Page 4 of 7
CIC/JNUND/A/2021/109961 The Commission queried the Respondent whether an effort can be made to locate the averred information, to which the Respondent affirmatively agreed.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Respondent has attended the instant RTI Application within a stipulated time frame, but no information was furnished to the Appellant since the same is 20 years old. In the light of the submissions made during hearing, the Commission deems it fit to direct the Respondent Public Authority to make an effort to search their database/records in a prudent manner to find/locate the information and provide the same to the Appellant within 15 days from the date of receipt of this order. In the event CPIO is required to seek further assistance from concerned person/officer for compliance of the above directions, the same shall be sought under Section 5(4) of RTI Act. On the contrary, if the relevant information is still not found in the official records of the Respondent, the Commission deems it fit to direct the concerned CPIO to submit an appropriate affidavit, on non-judicial stamp paper deposing the factum of non-availability of the relevant record as sought in the RTI Application. The said affidavit should be submitted to the Commission with its copy duly endorsed to the Appellant, within 21 days from the date of receipt of this order. In case, the averred information has Page 5 of 7 CIC/JNUND/A/2021/109961 been weeded out being beyond retention period as per section 4(1) of the RTI Act, a copy of record retention schedule shall also be furnished to the Appellant within 15 days from the date of receipt of this order. Further, to allay the apprehensions of the Appellant regarding the level of the averred seminar, the Respondent is directed to give a categorical reply with respect to point 2 of the instant RTI Application. With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 02.09.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 6 of 7 CIC/JNUND/A/2021/109961 Addresses of the parties:
1. The First Appellate Authority (FAA) Jawaharlal Nehru University Room no 201,School Of Language, Literature and Cultural Studies, Old Building JNU New Delhi 110067
2. The Central Public Information Officer Jawaharlal Nehru University, /Nodal Officer, RTI Cell, JNU Delhi, Administration Block, Munirka, New Delhi-110067
3. Mr. R K Mehra Page 7 of 7