Central Information Commission
*****
No.CIC/OK/A/2007/00980
Dated: 18 August 2008
Name of the Appellant : Ms. Tushti Gupta,
402, Mavilla Apartments,
Mayur Vihar, Phase I, Delhi
Name of the Public Authority : University Grants Commission
Penalty Order
Ms. Tushti Gupta of Delhi filed an RTI Application on 15 January 2007
with the PIO, University Grants Commission, regarding the two scientists of UGC
who were allowed to hold lien in their parent Departments.
2. Not getting any reply within the stipulated period of 30 days, the
Appellant filed an Appeal with the First Appellate Authority on 16 April 2007.
Thereafter, the Appellant approached the Commission with a Second Appeal on
23 July 2007.
3. The Commission heard the Case on 4 October 2007. The Commission
observed that on receiving the RTI Application, the UGC transferred the
Application on 14 February 2007, to the University of Delhi. The Delhi
University, in turn, transferred the RTI Application to the Kirori Mal College, as
the information, asked for, was related to the Kirori Mal College. The
Commission issued a Show Cause Notice to the PIO, University of Delhi and the
PIO, Kirori Mal College for the delay and directed the UGC to supply the
complete information, which relates to it, to the Appellant.
4. In response to the Show Cause Notice, the PIO, University of Delhi and
the PIO, Kirori Mal College submitted their replies. The PIO, Kirori Mal College,
submitted that the Appellant had filed an original RTI Application on 15 January
2007, with the PIO, UGC and the UGC transferred the RTI Application on 14th
February 2007 to the PIO, University of Delhi. On 18/19 July, 2007, the PIO,
Delhi University, transferred the Application to the Kirori Mal College and on 8
August 2007, the College supplied the information to the Appellant. After
examining the reply of the PIO, Kirori Mal College, the Commission finds that
the College supplied the information within 30 days. Hence, the Commission
drops the penalty proceedings against the PIO, Kirori Mal College.
5. The PIO, University of Delhi, in his reply submitted that in the month of
January and February, the employees of the University were on strike and for
that reason the official functioning of the University was completely dislocated
and hence the RTI Application remained unattended till July 2007.
6. The reply of the PIO, University of Delhi, is unacceptable to the
Commission. The Commission is unable to understand why the PIO, University of
Delhi took more than four months, after the end of the strike of the University
employees for merely forwarding the RTI Application to the Kirori Mal College.
Even, if the Commission overlooks the period of strike, there is a delay of more
than a hundred days in forwarding the RTI Application of the Appellant to the
PIO, Kirori Mal College. The PIO, University of Delhi has thus failed to prove
that he acted reasonably and diligently in dealing with the RTI Application of
the Appellant. Hence, the Commission levies a penalty of Rs. 25,000/- upon
Shri Deepak Vats, the PIO, University of Delhi, for causing a delay of more than
one hundred days, in forwarding the RTI Application to the PIO, Kirori Mal
College.
7. The Vice-Chancellor, University of Delhi is directed to ensure the
compliance of this Order by recovering the entire amount of penalty from the
salary of Shri Deepak Vats in two instalments and remit the same to the Central
Information Commission by way of a demand draft in favour of “PAO, CAT”
payable at New Delhi and send it to Shri G. Subramanian, Assistant Registrar,
Central Information Commission, Club Building, Old JNU Campus, New Delhi –
110067. The first instalment should reach to the Commission by 10 September
2008 and the second instalment by 10 October 2008.
8. The Commission ordered accordingly.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Ms. Tushti Gupta, 402, Mavilla Appartments, Mayur Vihar, Delhi-110092
2. Shri Rajesh Anand, Public Information Officer, University Grants
Commission, Bahadur Shah Zafar Marg, New Delhi-110002.
3. Prof. Sukhdev Thorat, Chairman & Appellate Authority, University Grants
Commission, Bahadur Shah Zafar Marg, New Delhi-110002.
4. Shri Deepak Vats, Assistant Registrar & PIO, Ground Floor, New
Administrative Block, University of Delhi, University Road, Delhi-110007
5. Dr. Virendra Kumar, Vice-Principal & PIO, Kirori Mal College, Maurice Nagar,
Delhi-110007
6. The Vice-Chancellor, University of Delhi, University Road, Delhi-110007
7. Officer Incharge, NIC
8. Press E Group, CIC