Central Information Commission Judgements

Ms. Kusum Jain vs Gurukul Kangri Vishwavidyalaya on 12 September, 2008

Central Information Commission
Ms. Kusum Jain vs Gurukul Kangri Vishwavidyalaya on 12 September, 2008
                        Central Information Commission
                                      *****

No.CIC/OK/A/2008/00653

Dated: 12 September 2008

Name of the Appellant : Ms. Kusum Jain
C/o Shri V.K. Nischal, Khanna Nagar
Jwalapur, Haridwar, 249407

Name of the Public Authority : Gurukul Kangri Vishwavidyalaya

Background:

Ms. Kusum Jain of Saharanpur filed an RTI-application with the Public
Information Officer, Gurukul Kangri Vishwavidyalaya, Hardwar, on 21 September
2007 wherein she wanted to know how many RTI-applications were received by
the Public Information Officer of the University and the replies sent thereto.

2. The PIO vide his letter dated 4 October 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 24 October 2007 and then
approached the Central Information Commission with a Second Appeal on 31
January 2008.

3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 4 September 2008.

4. Dr. Pradeep Joshi, PRO & PIO, represented the Respondents.

5. The Appellant, Ms. Kusum Jain, was neither present nor send any
representative for the hearing.

Decision:

6. In the absence of the Appellant, the Commission heard the Respondents
and noted that the RTI-application of 21 September 2007 was replied to on 4
October 2007. In the First Appeal, the Appellant had stated that the complete
information has not been provided to her. The Commission, however, noticed
that there was no reply from the first Appellate Authority so far. Under the
circumstances, the Commission remands the case to the first Appellate
Authority for examination and also directs the first Appellate Authority to
explain why he has not fulfilled his responsibility of replying to the First Appeal
within 35 days under the RTI-Act. This explanation should reach the Commission
by 25 September 2008.

7. The Commission ordered accordingly.

Sd/-

(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:

Sd/-

(G. Subramanian)
Assistant Registrar

Cc:

1. Ms. Kusum Jain, C/o Shri V.K. Nischal, Khanna Nagar, Jwalapur, Haridwar,
249407

2. The Public Information Officer, Gurukul Kangri University, Haridwar,
249404, Uttarakhand

3. The Appellate Authority, Gurukul Kangri University, Haridwar, 249404,
Uttarakhand

4. Officer Incharge, NIC

5. Press E Group, CIC