Central Information Commission
Kamal Kumar vs Punjab Engineering College on 4 March, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/PBEGC/A/2024/629624
KAMAL KUMAR .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Punjab Engineering College,
Sector 12, Chandigarh - 160012 ....प्रनर्वािीगण /Respondent
Date of Hearing : 28.02.2025
Date of Decision : 04.03.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 19.03.2024
CPIO replied on : Not on record
First appeal filed on : 26.04.2024
First Appellate Authority's order : 27.05.2024
2nd Appeal/Complaint dated : 11.07.2024
Information sought:
The Appellant filed an RTI application (online) dated 19.03.2024 seeking the following information:
"1. Provide names of research publication journals, in which published research of an applicant for direct recruitment held in the years 2012-13 and applicant for promotion under Career Advancement Scheme (CAS) held in the year 2012-13 was awarded API Score by PEC Chandigarh Applications Screening/selection committees.
2 Provide names of research publication journals, in which published research of an applicant for direct recruitment held in the years 2015-16 and applicant for promotion under CAS vide PEC/DFA/28181-190 dated Sept. 24, 2015 was Page 1 of 5 awarded API Score by PEC Chandigarh Applications Screening/selection committees.
3 Provide names of research publication journals, in which published research of an applicant for direct recruitment held in the years 2017-18 and applicant for promotion under CAS vide PEC/DFA/8857-67 dated April 17, 2017 was awarded API Score by PEC Chandigarh Applications Screening/selection committees.
4 Provide names of research publication journals, in which published research of an applicant for promotion under CAS vide PEC/DFA/32297-308 dated Nov. 28, 2018 was awarded API Score by PEC Chandigarh Applications Screening/selection committees.
5 Provide names of research publication journals, in which published research of an applicant for promotion under CAS vide PEC/DFA/15963-973 dated July 10, 2019 was awarded API Score by PEC Chandigarh Applications Screening/selection committees.
6 Provide a copy of office documents as per office letter No. PEC/SE-1/12895 dated 11 Aug. 2021.
7 Provide a copy of office documents as requested vide Office letter No. PEC/CED/21/692 dated 08 June 2021.
8 Provide a copy of Office rules under which second paragraph statement of Office Letter No. PEC/SE-1/11249 dated 15 July 2021 covered. 9 Provide names of Screening cum Selection Committee members along with their Institute affiliation constituted by PEC Chandigarh against its UO No. PEC/SE-1/4417 dated 15 March 2021 10 Provide names of Screening cum Selection Committee members along with their Institute affiliation constituted by PEC Chandigarh against its Letter No. PEC/DFA/19884 dated 24 Nov. 2021.
11 Provide name and year of the University Grant Commission (UGC) regulations and its amendments implemented in PEC Chandigarh in direct recruitment held in the years 2012-13 and in promotion under CAS held in the year 2012-13.
12 Provide name and year of the UGC regulations and its amendments implemented in PEC Chandigarh in direct recruitment held in the years 2015- 16 and in promotion under CAS vide PEC/DFA/28181-190 dated Sept. 24, 2015. 13 Provide name and year of the UGC regulations and its amendments implemented in PEC Chandigarh in direct recruitment held in the years 2017- 18 and in promotion under CAS vide PEC/DFA/8857-67 dated April 17, 2017. 14 Provide name and year of the UGC regulations and its amendments implemented in PEC Chandigarh in direct recruitment held in the years 2017- 18 and in promotion under CAS vide PEC/DFA/32297-308 dated Nov. 28, 2018. 15 Provide name and year of the UGC regulations and its amendments implemented in PEC Chandigarh in direct recruitment held in the years 2017- 18 and in promotion under CAS vide PEC/DFA/32297-308 dated Nov. 28, 2018. 16 Provide a copy of action taken by PEC Chandigarh against submissions, Le. Email Page 2 of 5 [email protected] to [email protected], Jan 24, 2024, 4:59 PM, in reference to Confidential Office Memo No. PEC/Dir:2024/79 dated 19-01-2024. 17 Provide a copy of action taken by PEC Chandigarh against submissions, i.e.. email [email protected]. in to [email protected], Wed, Dec 6, 2023, 10:39 AM, in reference to Confidential Office Letter No. PEC/CED/2789-91 dated 05 Dec. 2023 18 Provide a copy of action taken by PEC Chandigarh against submissions i.e. Email [email protected]. in to [email protected], Aug 9, 2023, 2:00 PM in reference to PEC Endst. No. PEC/DFA/10676 dated 07-08-2023. 19 Provide a copy of action taken by PEC Chandigarh against submissions i.e. email [email protected] to [email protected], Sep 1, 2022, 9:30 AM in reference to PEC/PA/Dir/2309 dated 25-08-2022. 20 Provide a copy of minutes of meeting held with Director PEC Chandigarh on 29/07/2020 at 10.30 AM as per email [email protected] to [email protected] Tue, Jul 28, 2020 at 4:54 PM."
Having not received any response from CPIO, the appellant filed a First Appeal dated 26.04.2024. The FAA vide its order dated 27.05.2024, held as under.
"1. Please refer to your First Appeal received in this institute on 13 May 2024.
2. The requisite information is attached herewith.
3. Your Appeal is considered by the First Appellate Authority (FAA) and the FAA has directed the CPIO to forward the requisite Information.
Letter dated 15.05.2024 is as under:
The point wise directions on RTI query.
Point No. 1 to 5: The query is vague and non specific the information cannot be provided.
Point No. 6: The information supplied is OK Point No. 7: The appeal is upheld, the information from concerned department will be sought and the same will be supplied to the information seeker. Point No. 8 to 15: The information supplied is ok.. Paint No. 16: It has been observed and viewed that information supplied to the appellant is not sought by the Information seeker, therefore, the amount collected be refunded to the Appellant. The information, as sought may be provided to the Information seeker. If no specific information is available, it may be clearly mentioned.
Point No. 17: Appeal upheld. The copy of specific information, as sought, by the appellant be supplied.
Point No. 18-19: The reference of email may be collected from information seeker. The appellant has agreed to supply the same. Accordingly, the specific information is to be supplied, Appeal upheld.
Point No. 20: The information supplied is OK.Page 3 of 5
In view of the above, the appeal stands disposed off and ordered accordingly. CPIO may take necessary steps to implement the order issued."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Shri Sandeep Salodkar, CPIO-cum-Assistant Professor, attended the hearing through VC.
The Appellant stated that he is not satisfied with the reply dated 03.05.2024 provided by the Respondent with respect to point No. 1 to 5 of the RTI Application.
The Commission interjected and asked the Appellant that the averred reply dated 03.05.2024 is not available in the record file of the Commission.
The Respondent submitted that the information sought by the Appellant in point No. 1 to 5 of the RTI Application is not available in a compiled form and the same requires collection and collation of data which would attract the provisions of Section 7 (9) of the RTI Act. He further offered the Appellant an opportunity to inspect the relevant records. The Appellant agreed for the same.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant has not received the relevant information on point No. 1 to 5 of the RTI Application from the Respondent. On the other hand, the Respondent submitted that the information sought in point No. 1 to 5 of the RTI Application is not available in a compiled form and the same requires collection and collation of data which would attract the provisions of Section 7 (9) of the RTI Act.
Therefore, Commission therefore directs the CPIO to facilitate an opportunity of inspection of the available and relevant records pertaining to interviewed Page 4 of 5 and selected candidates including Appellant's own assessment in respect of point No. 1 to 5 of the RTI application to the Appellant on a mutually decided date & time but within four weeks. The intimation of the date and time of the inspection shall be provided to the Appellant by the CPIO telephonically and in writing. Copy of documents that the Appellant desires during the inspection shall be provided by the CPIO free of cost upto 20 pages, for pages exceeding this limit, CPIO may charge prescribed fees as per RTI Rules, 2012.
In the process of facilitating the inspection and providing subsequent copies of the record, the CPIO is at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 of the RTI Act read with Section 10 of the RTI Act.
The above directions shall be complied with by the CPIO within four weeks from the date of receipt of this order.
The First Appellate Authority is directed to ensure the compliance of the above order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Punjab Engineering College, Sector 12, Chandigarh - 160012 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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