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Decision No.CIC/SG/A/2009/001702/4704
Appeal No. CIC/SG/A/2009/001702
Appellant : Mr.Phool Kumar
G71, Campus,
National Institute of Technology,
Kurukshetra-136119
Respondent : Mr. Shyam Singh Chhokkar
Central Public Information Officer
National Institute of Technology,
Kurukshetra-136119
RTI application filed on : 24/04/2009
PIO replied : 04/05/2009
First Appeal filed on : 29/05/2009
First Appellate Authority order : 30/06/2009
Second Appeal Received on : 13/07/2009
Information sought:
S.No Information Sought PIO's Reply
1. Certified photocopy of the Attendance Register Copy enclosed as
year and Month of 2006 & 2007 from the date Annexure-A(12 pages)
01.07.2007 to 30.06.2006 till.
2. Certified copies of Earned Leave Register from 2 & 3 Copy enclosed as
01.07.2006 to 30.06.2007 till. Annexure-B( 4pages)
3. Certified copies of Medical Leave Register from
01.07.2006 to 30.06.2007 till.
4. Certified copies of Casual Leave/RH Leave Copy enclosed as
Register from 01.07.2006 to 30.06.2007 till. Annexure-C(2 pages)
PIO requested to deposit
Rs.36/-on account of
charges for supply of 18
pages.
Grounds for First Appeal:
Appellant requested all records from both GA Section and leave record from the Chemistry
Deptt.
Order of the First Appellate Authority:
FAA mentioned that the information with regard to Sr. No 1 to 4. However Appellant was not
satisfied with the information provided against Sr no. 2 & 3. a copy of the leave record attached
with his service book was given to him with regard to his information sought at Sr. No 2 & 3.
Finally he stated that the information had already been provided
Grounds for Second Appeal:
Appellant requested for Earned Leave & Medical Leave records provided from the Chemistry
Deptt.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr.Phool Kumar
Respondent: Mr. Shyam Singh Chhokkar, CPIO
The Appellant has been provided supposed photocopies of “attendance register, earned leave
register, medical leave register, CL/RH register” on 04/05/2009. The Appellant states that the
copies of the earned leave register and medical leave register have not been provided at all. But
the copy of his service book has been provided in which the Respondent claims this information
is available. The Appellant has produced a photocopy of the said registers and claims that these
register are in existence. The Respondent states he had sought the assistance of Dr.D.P.Singh,
Chairman Chemistry Department, NIT under Section 5(4) and has delivered the information as
received by him. The photocopies brought by the Appellant are given to the Respondent who
will show these to the Deemed PIO Dr. D.P.Singh. Dr. D.P.Singh will provide photocopies of the
said registers and the PIO will sent them to the Appellant if these registers are in existence. In
case it is claimed that these registers do not exist Dr. D.P.Singh will make an affidavit to that
effect and send it to the Commission with a copy to the Appellant.
Decision:
The appeal is allowed.
The PIO will provide the information as stated above or the affidavit as applicable to the
Appellant and the Commission before 20 September 2009.
In case the registers are in existence it would appear that the deemed PIO Dr. D.P.Singh refused
to give the information without any reasonable cause. In that event he will showcaue why
penalty under Section 20(1) should not be imposed on him for denying the information without
reasonable cause.
He will give his written submissions showing cause why penalty should not be imposed on him
as mandated under Section 20 (1) before 5 October 2009. 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
4 September, 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj