Central Information Commission
Shri Moggallan Bharat vs Jawaharlal Nehru University on 24 October, 2008
Central Information Commission
*****
No.CIC/OK/A/2008/00271
Dated: 24 October 2008
Name of the Complainant : Shri Moggallan Bharat
CPS/M.Phil, 3rd Semester
Jawaharlal Nehru University
New Delhi-110067
Name of the Public Authority : Jawaharlal Nehru University
Background:
Shri Moggallan Bharat of Jawaharlal Nehru University, New Delhi, filed an RTI- application with the Public Information Officer, Jawaharlal Nehru University, on 13 December 2007, seeking a certified copy of Report of the GSCASH Enquiry Committee, etc. The PIO vide his letters dated 14 December 2007 and 17 December 2007 replied to the RTI-application. Not satisfied with the reply of the PIO, the Appellant filed an appeal with the first Appellate Authority on 18 December 2007 who vide his letter dated 11 January 2008 supplied the required information but denied one piece of information taking recourse to Section 8(1)(g) of the RTI-Act.
2. In the absence of the Appellant, the Commission heard the Respondents on 2 May 2008 and noted that while they had supplied all the information asked for by the Appellant and also invited him to the office to check the relevant records, the only information they did not provide was the actual tapes which contained depositions against the Appellant in a case of sexual harassment. According to the Respondents, while they had supplied him the transcript of these tapes after applying Section 10 of the RTI-Act, they did not give the actual tapes to the Appellant for fear that he would be able to identify those deponents by their voice and unnecessarily indulge in slander against them. During the hearing, the Respondents presented before the Commission objectionable material which, according to them, had already been circulated by the Appellant within the University campus. Under the circumstances, the Commission accepted the submission of the Respondents about non-disclosure of the tapes under Section 8(1)(g) of the RTI-Act.
3. The Appellant approached the Commission again with the request that his case may be heard again as he could not present his case earlier in view of the summer vacations in the University.
4. The Bench of Dr. O.P. Kejariwal, Information Commission, heard the matter again on 16 October 2008.
5. Shri Jit Singh, Dy. Registrar & PIO, Shri Avais Ahmad, Registrar & Appellate Authority, Shri Mondira Dutta, Chairperson, GSCASH, Ms. Sharda Vishwanathan, Student Rep., GSCASH and Ms. Rohini Muthuswami, Ex-GSCASH Member, represented the Respondents.
6. The Appellant, Shri Moggallan Bharati, was present in person.
Decision:
7. The Commission heard both the sides in what was a second hearing in the case. In the first hearing the Appellant was not present because of certain circumstances and therefore made another appeal. In the earlier Order, the Commission had ordered non-disclosure of a part of the information asked for by the Appellant on the basis of the submission made by the Respondents. Now, the Appellant has come in an appeal against this order. The Commission accepted the submission of the Appellant in which he clearly stated that all that he wanted was the tapes containing his own deposition before the GS CASH. The Commission saw no difficulty in providing him this material but according to the Respondents, since during the deposition, the tapes were likely to contain material other than that recorded in the Appellant's voice and that this material could be misused by the Appellant, they had reservations on disclosure of this material. In fact, according to them, the Appellant had misused the material provided to him earlier. The Appellant vehemently denied this. As this is a sensitive case having far reaching implications for the Appellant, the Commission directs the Respondents to provide to him a recording of the Appellant's deposition after editing the material which is not in his voice on the tapes. This may be done by 28 November 2008. For this, the Appellant may collect the tapes directly from CSCASH which will be responsible for suitably editing the tape.
7. The Commission ordered accordingly.
Sd/-
(O.P. Kejariwal) Information Commissioner Authenticated true copy:
Sd/-
(G. Subramanian) Assistant Registrar Cc:
1. Shri Moggallan Bharat, CPS/M.Phil, 3rd Semester, Jawaharlal Nehru University, New Delhi-110067
2. Shri Jit Singh, Dy. Registrar (Estate) & PIO, Jawaharlal Nehru University, Room No. 116, Administrative Block, New Mehrauli Road, New Delhi- 110067
3. Shri Avais Ahmad, Registrar & Appellate Authority, Jawaharlal Nehru University, Room No. 210, Administrative Block, New Mehrauli Road, New Delhi- 110 067
4. Officer Incharge, NIC
5. Press E Group, CIC