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Central Information Commission

Mr.Ramesh N Zade vs Ministry Of Human Resource Development on 23 July, 2012

                    CENTRAL INFORMATION COMMISSION
                        Club Building (Near Post Office)
                    Old JNU Campus, New Delhi-110067
                             Tel: +91-11-26105682


                     File No.CIC/DS/A/2011/001773/RM




Appellant:                              Mr. Ramesh N Zade, Thane


Public Authority:                       University Grants Commission,
                                        New Delhi


Date of Hearing:                        23.7.2012


Date of decision:                       23.7.2012




Heard today, dated 23.7.2012.


Appellant is present.


The Public Authority is represented by Shri B.K.Singh, Deputy Secretary &
PIO along with Ms Madhu Mehra, SO.


The above parties were heard and records perused.




                                       1
 FACTS

Vide RTI dated 14.10.10, the appellant refers to writ petition before the Nagpur Bench of Mumbai High Court which gave a decision on 27.11.08 and sought the following information:

i. If the order mandatory for UGC ii. If so, what action has been taken on exemption from NET/SLET granted by UGC on Oct 7 & 8, 2008 so as to give full effectivity to MHRD order dated 12.11.08 and High Court order dated 27.11.08 2 PIO vide letter dated 24.11.10 informed the appellant that the exemption cases approved on Oct 7 & 8, 2008 were not reopened.
3 An appeal was filed on 20.10.10 stating that the information given was not satisfactory.
4. The AA vide their order dt 28.1.11 informed the appellant that the query at serial no. i. was not seeking information, but opinion/comments which cannot be provided as per the RTI Act. As regards query no.ii, the AA upheld the reply of the PIO.
5. Not satisfied with the response, he filed the present appeal.
6. The appellant submitted that he has not received a satisfactory response to his query no. ii. The public authority submitted that they were from the Pay Scale Bureau and insofar as implementation of the High Court order dt 27.11.08 is concerned, it was the Legal Cell of the UGC which is the repository of this information.
7. The Commission finds that there is a lack of coordination within the UGC on matters pertaining to RTI as is evident from the instant case in which the CPIO, Pay Scale Bureau, UGC, should have marked this to the Legal Cell, if they were not aware of the position.

DECISION 2

8. In view of the above, the appeal is remanded to CPIO Legal Cell (Dr Urmila Devi), Joint Secretary, with directions that she shall provide appropriate information to the appellant as per provisions of the RTI Act, within a period of fifteen days from date of receipt of the order. The appeal is disposed of.

Sd/-

(Rajiv Mathur) Central Information Commissioner Copy to :

Shri Ramesh N Zade, Flat No. 704, Building No.2, Shree Shashwat Complex, Pleasant Park, Mira Road(E), Thane 401 107.
The Deputy Secretary & CPIO, University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 002 The Financial Advisor & FAA.
University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 002 (Raghubir Singh) Deputy Registrar 3