Central Information Commission
Prof. Subhash C. Arya vs North Eastern Hill University on 14 March, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/NEHUV/A/2022/661342
Prof. Subhash C. Arya ... अपीलकता /Appellant
VERSUS
बनाम
CPIO:
North-Eastern Hill University ... ितवादीगण/Respondent
Shillong
Relevant dates emerging from the appeal:
RTI : 06.07.2022 FA : 02.09.2022 SA : 17.11.2022
CPIO : 02.08.2022 FAO : Not on record Hearing : 07.03.2024
Date of Decision: 13.03.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 06.07.2022 seeking information on the following points:
On August 25, 2017, (Refer Letter No. F. No. 5-1/ Estt. II(B)/2-17-735/- dated 21st August, 2017), North-Eastern Hill University (NEHU), Shillong conducted a selection committee meeting to promote the career advancement scheme from Stage-4 to Stage-5 as per UGC Regulation 2010 (copy attached). In this regard, kindly provide the following information:
(i) Name of the eligible teachers called for an interview with their constitutional social category (Gen/SC/ST/OBC etc.) from the Department of Electronics and Communication Engineering (ECE) School of Technology, NEHU, Shillong.Page 1 of 5
(ii) An authorized Copy of the Academic Performance Indicator (API) score card (in all three categories I, II, and III) of Dr. S. C. Arya and Dr. L. J. Singh (both from the ECE Department) assessed by IQAC, NEHU in a format used by the University and duly signed by the screening committee members indicating recommended date of promotion.
(iii) List Five (5) journal articles by Dr. L. J. Singh and Dr. S. C. Arya in the assessment period of three years is essential for calculating API in category III of UGC regulation 2010 in the below format:
Name of Assessmen Title of Volume Month and Journa Points the t Period Article no/Issu Year of l Name allocated Candidate and due published e Publication by IQAC s eligibility during the number s after date of assessmen assessmen promotion t period t from stage 4 to stage 5 Dr. L. J.
Singh Dr. S. C. Arya
(iv) Whether both candidates were fulfilling the eligibility criteria as per NEHU's relevant regulations in compliance with UGC regulation 2010 on CAS promotion so far as a minimum number of 5 journal article publications is concerned.
Page 2 of 5(v) Please provide an authorized Copy of the candidate's attendance/ presence indicating that Dr. L. J. Singh and Dr. S.C. Arya appeared in the interview on August 25, 2017, etc./ other related information
2. The CPIO replied vide letter dated 02.08.2022 and the same is reproduced as under:-
(i) "The name of the eligible teachers called for an interview are as under:
1. Dr. L. J. Singh - General Category
2. Dr. S. C. Arya -SC Category
(ii) A copy of Academic performance Indicator (API) score card (in all three category I, II, and III) as per the Screening Committee Recommendation 2017 in respect of Dr. S. C. Arya is appended at Annexure-'A'. A copy of API score card in respect of Dr. L. J. Singh cannot be provided since it relates to third party information.
(iii) No records available
(iv) No information.
(v) No records available, etc."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 02.09.2022 alleging that the information provided was incomplete, false and misleading. The order of FAA, if any, is not on the record of the commission.
4. Due to non-receipt of any order from the First Appellate Authority, the Appellant approached the Commission with the instant Second Appeal dated 17.11.2022.
5. The appellant and on behalf of the respondent Dr. Sudeep Paul, Assistant Registrar and CPIO, attended the hearing through video conference.
6. The appellant inter alia submitted that the information provided by the respondent in point no. (ii) i.e. Copy of the Academic Performance Indicator (API) score card as per Screening Committee Recommendation 2017 (Annexure-A) was illegible. He further stated that the documents submitted by the respondent were not certified. The appellant insisted that legible and certified documents be furnished to him. He further argued that Page 3 of 5 the CPIO while replying to his RTI application, did not give the details of the First Appellate Authority to facilitate him to file a first appeal.
7. The respondent while defending their case inter alia submitted that the appellant had filed an online RTI application with them, hence, they had given an online reply. He further explained that the documents uploaded by them were not signed and certified separately and there was no provision for digital signatures. The CPIO further stated that they would ensure that the replies carry the details of FAA, while disposing of RTI applications in future.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the respondent had not provided information in proper manner. Perusal of the records revealed that the documents provided by the CPIO (Annexure-A) in response to point no. (ii) of the RTI application was not legible. Further, it may be noted that in absence of the details of the FAA in CPIO's reply, the appellant's right to properly exercise his/her right to file a first appeal is curtailed.
Therefore, the respondent is required to ensure that the details of the FAA is provided at the end of the CPIO's reply. Further, the CPIO is directed to send a legible copy of the Annexure-A i.e. copy of the Academic Performance Indicator (API) score card as per Screening Committee Recommendation 2017 to the appellant within 15 days from the date of receipt of this order. However, perusal of records revealed that the FAA has not disposed of the first appeal despite a period of around two years having elapsed. The respondent is cautioned to track the timelines prescribed under the provisions of the RTI Act and diligently dispose of the first appeals within stipulated time limit. The FAA is directed to dispose of the first appeal dated 02.09.2022 in the instant appeal and ensure timely disposal of first appeals in future. With these observations and directions, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 13.03.2024
Page 4 of 5
Authenticated true copy
Col S S Chhikara (Retd) (कन ल एस एस िछकारा ( रटायड )) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO North-Eastern Hill University, Assistant Registrar & CPIO, (Establishment-II), Umshing Mawkynroh, Shillong, Meghalaya 793022
2. Prof. Subhash C. Arya Page 5 of 5