CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/003035/6385
Appeal No. CIC/SG/A/2009/003035
Appellant : Mr. Rajesh Sharma,
X-1742, Gali No.18
Rajgarh Colony, Gandhi Nagar,
Delhi-110031
Respondent : Mr. Jay Chanda
Public Information Officer &
Assistant Registrar
University of Delhi,
Main Campus, Delhi-110007
RTI application filed on : 25/06/2009
PIO replied : 29/07/2009
First Appeal filed on : 06/08/2009
First Appellate Authority order : 02/09/2009
Second Appeal Received on : 03/12/2009
Notice of Hearing Sent on : 11/12/2009
Hearing Held on : 14/01/2010
Information sought:
1. Date of the decision taken by competent authority of University of Delhi to appoint
Prof. C.R. Babu as Project Incharge for the Biodiversity Parks Programme and by
whom. Appellant requested for copy of documents.
2. Name of the Scientist Incharge and Project Incharge of the Yamuna Biodiversity Park
and Aravalli Biodiversity Park during 2005-06. Appellant requested for copy of
documents.
3. Whether Scientist Incharge or Project Incharge headed the Biodiversity Parks
Programme during 205-06?
4. Whether the Director, CEMDE the supervisory/ administrative was controlling
authority of the Scientist Incharge or Project Incharge of the Yamuna Biodiversity
Park (Biodiversity Parks Programme?
PIO's Reply:
"Information provided by the Finance Branch of the University with respect to Sl. No. 1 & 2 is
enclosed. There is no relevant information received with respect to sl.no. 3 & 4 from the
Director, CEMDE, Delhi University."
Grounds for First Appeal:
Point no.1: Appellant sought, "Who was the Scientist Incharge and Project Incharge of the
parks during 2005-06."
Point no. 2: Appellant requested for disclosing the date when the decision taken and by whom.
Point no.3 & 4 : Information with documents not provided.
Order of the First Appellate Authority:
"It is directed that Prof. C.R Babu, Project Incharge, Biodiversity Parks Programme may provide
additional information, if any, directly to the Appellant on or before 30/09/2009."
Grounds for Second Appeal:
Requisite information not provided.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Jay Chanda, Public Information Officer & Assistant Registrar; and Mr. Faiyaz;
The PIO has sent the information but the information which was to be sent by Prof. C. R.
Babu has not been sent. It is unfortunate that Prof. C. R. Babu appears to be not doing his duty
under the RTI Act. He has refused to send the information to the appellant and asked the
appellant to come and collect the information from the office.
Decision:
The appeal is allowed.
Prof. C.R.Babu deemed PIO is directed to give the information to the Appellant before 30
January 2010.
The issue before the Commission is of not supplying the complete, required information by
the deemed PIO Prof. C.R.Babu within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed PIO Prof. C.R.Babu is
guilty of not furnishing information within the time specified under sub-section (1) of Section 7
by not replying within 30 days, as per the requirement of the RTI Act.
It appears that the deemed PIO’s actions attract the penal provisions of Section 20 (1). A
showcause notice is being issued to him, and he is directed give his reasons to the Commission to
show cause why penalty should not be levied on him.
Prof. C.R.Babu deemed PIO will present himself before the Commission at the above address on
11 February 2010 at 12.00pm alongwith his written submissions showing cause why penalty
should not be imposed on him as mandated under Section 20 (1). He will also submit proof of
having given the information to the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
14 January 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj