Naresh Kumar vs University Grants Commission on 8 June, 2019

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Central Information Commission

Naresh Kumar vs University Grants Commission on 8 June, 2019

Bench: Vanaja N Sarna

                            क य सच  ु ना आयोग
                    CENTRAL INFORMATION COMMISSION
                             बाबा गंगनाथ माग
                            Baba Gangnath Marg
                        मु नरका, नई द ल - 110067
                        Munirka, New Delhi-110067

                              Decision no.: CIC/UGCOM/A/2018/619092/00834
                                          File no.: CIC/UGCOM/A/2018/619092

In the matter of:
Naresh Kumar
                                                              ...Appellant
                                      VS
Central Public Information Officer
University Grants Commission (UGC),
Bahadur Shah Zafar, Marg
New Delhi - 110 002

                                                             ... Respondent

RTI application filed on : 19/02/2018 CPIO replied on : Not On Record First appeal filed on : 20/03/2018 First Appellate Authority order : Not On Record Second Appeal dated : 07/05/2018 Date of Hearing : 06/06/2019 Date of Decision : 06/06/2019 The following were present:

Appellant: Not present Respondent: Shri Rajesh Kumar, Assistant & Representative of CPIO. Information Sought:

The appellant has sought the following information pertaining to Dr. Neeraj Sharma, HOD, B.tech (CSE) Deptt, Chandigarh University, Kharar Mohali:

A. About Ph.D. Qualification-

1. On which date, degree of Ph.D. was awarded to Dr. Neeraj Sharma & from which university he did Ph.D.

2. What was his subject of Ph.D.

3. What was his tenure of Ph.D.

4. And other Related Information.

Grounds for Second Appeal The CPIO did not provide the desired information.

Submissions made by Appellant and Respondent during Hearing:

The appellant was not present to plead his case.

The respondent submitted that they had transferred the RTI application u/s 6(3) to the Chandigarh University on 05.03.2018 as the subject matter pertained to them. He further submitted that no reply has been received from the Chandigarh University.

Observations:

From a perusal of the relevant case records, it is noted that the Chandigarh University is a university established by the Punjab State Legislature and is recognized by University Grants Commission. The custodian of the sought for information being the Chandigarh University of the concerned State Government, the appellant should have filed the RTI application with them and the adjudication on an appeal for information held by the University under the Government of Punjab & Haryana is outside the jurisdiction of this Commission.

Decision:

In view of the above, the Commission is not in a position to provide any relief to the appellant. However, the CPIO is directed to provide a categorical final reply to the appellant based on the facts mentioned above within a period of 15 days from the date of receipt of this order under intimation to the Commission.

The CPIO, UGC is advised to be careful in future while invoking Sec 6(3) or Sec 5(4) of the RTI Act. He/she may further note that while disposing RTI 2 applications, information as available on record with UGC should be given or a categorical reply specifying the inability to provide the information.

The appellant is free to approach the appropriate public authority for obtaining the information he seeks.

The appeal is disposed of accordingly.


                                            Vanaja N. Sarna (वनजा एन. सरना)
                                    Information Commissioner (सच
                                                               ू ना आयु त)
Authenticated true copy
(अ भ मा णत स या पत          त)


A.K. Assija (ऐ.के. असीजा)
Dy. Registrar (उप-पंजीयक)
011- 26182594 /
 दनांक / Date




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