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Central Information Commission

Chitresh Kumar Banjare vs Jawaharlal Nehru University, New Delhi on 23 July, 2021

Author: Saroj Punhani

Bench: Saroj Punhani

                               के   ीय सूचना आयोग
                        Central Information Commission
                            बाबागंगनाथमाग , मुिनरका
                         Baba Gangnath Marg, Munirka
                          नई द ली, New Delhi - 110067

File No : CIC/JNUND/A/2020/672939

Chitresh Kumar                                          ....अपीलकता /Appellant



                                      VERSUS
                                       बनाम


CPIO,
School of Social Sciences,
Jawaharlal Nehru University,
RTI Cell, New Delhi - 110067.                      .... ितवादीगण /Respondent



Date of Hearing                   :   22/07/2021
Date of Decision                  :   22/07/2021

INFORMATION COMMISSIONER :            SarojPunhani

Relevant facts emerging from appeal:

RTI application filed on          :   08/02/2020
CPIO replied on                   :   21/02/2020
First appeal filed on             :   08/03/2020
First Appellate Authority order   :   Not on record
2nd Appeal/Complaint dated        :   25/02/2020




                                         1
 Information sought

:

The Appellant filed an RTI application dated 08.02.2020 seeking following information;
"सिवनय िनवेदन है क ो0 राजीवदास गु ा(CSM(H)/SSSZ/JNU, New Delhi- 110067के चेयर पसन बनने से लेकर अब तक के चेयर पसन (वतमान) तक के कायकाल म िविभ मदो, िविभ ोजे ट (प रयोजना ) पर आ द पर ए, हो रहे सम!त आय- "य का िव!तृत $यौरा देने क कृ पा कर ।"

The CPIO forwarded the RTI application to the Assistant Registrar, School of Social Sciences, JNU, New Delhi on 12.02.2020 for providing information directly to the appellant.

Subsequently, CPIO/ Assistant Registrar, School of Social Sciences, JNU, New Delhi on 21.02.2020 stated as follows:-

"......the relevant information sought is available with Project Cell of the University."

Being dissatisfied, the appellant filed a First Appeal dated 08.03.2020. FAA's order, if any, is not available on record.

Feeling aggrieved and dissatisfied with the non- receipt of desired information, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerging during Hearing:

The following were present:-
Appellant: Present through audio-conference. Respondent: Sanjeev Kumar, Director (CIS) & Nodal CPIO along with Satyam Bharti , Assistant Registrar, JNU present through audio-conference.
The instant Appeal was heard simultaneously along with 20 other Appeals of the Appellant against the same Public Authority. The Appellant stated that no material information has been provided by the CPIO to him till date.
2
The CPIO tendered his unconditional regret and submitted that upon receipt of RTI Application , the same was forwarded to the concerned Assistant Registrar, SSS, JNU however, due to nationwide lockdown on account of the pandemic situation , the requisite information from the Project Cell, JNU could not be made available to the Appellant till date.
Decision:
The Commission at the outset takes grave exception to the fact that the CPIO/Assistant Registrar, SSS, JNU has not provided the desired information to the Appellant within stipulated time period as envisaged under the RTI Act. However, considering the pandemic situation owing to COVID-19 and the manpower constraints in the background of the fact that multiple RTI Applications have been filed by the Appellant and that each one of these have been responded by the Respondent Authority, the Commission is of the considered opinion that there was no malafide intention ascribed on the part of CPIO on the issue of delay, however by taking a lenient view the Commission in the interest of justice directs the CPIO/Assistant Registrar, SSS, JNU to send a written explanation enumerating the chronology of events and reasons as to why information has not been provided to the Appellant in response to instant RTI Application till date. The said written explanation of the CPIO/Assistant Registrar, SSS, JNU should reach the Commission within 15 days from the date of receipt of this order.
Now, considering the prayer of Appellant, the CPIO is hereby directed to readily relevant available information in response to instant RTI Application after procuring the same from the concerned record holder, free of cost to the Appellant. The said direction shall be complied by the CPIO within 15 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
SarojPunhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) 3 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4