In the Central Information Commission
At
New Delhi
File No: CIC/WB/A/2010/000633AD
Date (s) of Hearing: January 21, 2011
Date of Decision : January 21, 2011
The Appellant was heard through audioconference during the hearing.
Parties:
Applicant
1. Mr. Ajay.R. Mishra,
House No 61, Rattan Nagar,
Mankapur,
Nagpur
Respondent(s)
1. Visvesvaraya National Institute of Technology,
O/o the Director,
South Ambazari Road,
Nagpur 440010
Represented by: Dr. B.M. Ganveer, Registrar, VNIT, Nagpur,
Prof. O.R. Jaiswal, Professor, VNIT, Nagpur,
Prof. R.K Ingle, Professor, VNIT, Nagpur
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
At
New Delhi
File No: CIC/WB/A/2010/000633AD
ORDER
Background
1. The RTI application dated 08.02.2010 was filed by the Applicant with the PIO, VNIT, Nagpur seeking
information against 4 points including inspection of every record/registers/applications/sample slips
as also the copy of the laboratory authorization from Bureau of Indian Standard for load test. He
wanted the details of I.S code referred to perform load test on pre cast manhole cover. The PIO
replied on 05.03.2010 providing point wise information. Not satisfied, the Applicant filed his First
Appeal before the Appellate Authority on 12.03.2010 stating that the PIO has malafidely denied
inspection of the relevant documents and had furnished incomplete and misleading information
against (a), (c) and (d) of his RTI Application. The Appellate Authority replied on 08.04.2010 stating
that in his RTI Application the Applicant had not mentioned the period for which he desired to inspect
the files . and that there was no denial on the part of the Institute to show him the records. Still not
satisfied, the Applicant filed his Second Appeal before the Commission on 10.05.2010 requesting for
the required information.
Decision
2. During the hearing, the Appellant insisted on being allowed to inspect records/ register as sought in
his RTI Application. The Respondents, VNIT, Nagpur, informed the Commission that the Custodian
of the information is the Nagpur Municipal Corporation since they had under taken the testing at the
request of NMC. The Commission accordingly directs the PIO, VNIT, Nagpur to transfer the RTI
Application to the CPIO, NMC with the direction that they respond to the RTI Application by
25.02.2011. With regards to the alleged contradiction in the Director’s reply dated 04.11.2008 and
the PIO’s reply, as contended by the Appellant, the Respondent submitted that there is no such
contradiction. The Commission, however directs the PIO, to provide the clarification in this regard to
the Appellant by 28.02.2011.
3. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
CC:
1. Mr. Ajay.R. Mishra,
House No 61, Rattan Nagar,
Mankapur,
Nagpur
2. The Public Information Officer,
Visvesvaraya National Istitute of Technology,
O/o the Director,
South Ambazari Road,
Nagpur 440010
3. The Appellate Authority,
Visvesvaraya National Istitute of Technology,
O/o the Director,
South Ambazari Road,
Nagpur 440010
4. Officer Incharge, NIC