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Decision No. CIC /SG/A/2009/000338/2917
Appeal No. CIC /SG/A/2009/000338
Relevant Facts
emerging from the Appeal
Appellant : Dr.Yogesh Kumar Goyal,
984, Sector-7 C,
Faridabad (Haryana)
Respondent : Prof. Mini S.Thomas
PIO
Jamia Millia Islamia
Maulana Mohammed Ali Jauhar Marg,
New Delhi-110025.
RTI application filed on : 20/10/2008 PIO replied : 01/01/2009 First appeal filed on : 31/12/2008 First Appellate Authority order 16/01/2009 Second Appeal filed on : 24/02/2009
The Appellant had asked following information under RTI Act 2005
regarding a UGC FIP scheme fellow Mr. K.L.Kaushik, Lecturer in Mathematics,
Aggarwal College, Ballabgarh, who joined in Oct, 2006 in the Department of
Mathematics, JMI University, New Delhi:-
1. Copy of joining report submitted by Mr. K.L. Kaushik in the Deptt. of
Mathematics, JMI University, New Delhi.
2. Copy of Relieving letter issued to Mr. K.L. Kaushik by the Deptt. of
Mathematics, JMI University, New Delhi.
3. Details of payment of T.A./D.A. on joining and relieving by Mr. K.L.Kaushik.
4. Details of Bills of contingencies which he claimed during the fellowships.
5. Month-wise details of L.E.A. (Leave Expenses Allowance) claimed by Mr.
K.L.Kaushik.
The PIO replied.
The PIO replied that “As regards, point no. 1 and 2, we are in the process of
gathering the desired information. Point no.3, 4 & 5 are repetition of your letter dated
04.06.2008 and we had already sent you a reply on 10th July, 2008”.
The First Appellate Authority ordered.
The First Appellate Authority ordered that “In this regard, we hereby inform you that
the Public Information Officer, JMI has already sent you two replies on 01.01.2009 and
06.01.2009.
The reply sent by the Head, Deptt. of Mathematics, Jamia Millia Islamia had been
supplied. However, as regard Relieving Order of Mr. K.L.Kaushik, the same has been
forwarded to UGC. You are therefore requested to obtain the same from the UGC.”
Relevant Facts emerging during Hearing:
The following were present
Appellant : Dr.Yogesh Kumar Goyal
Respondent : Prof. Mini S.Thomas PIO
The relieving certificate has not been supplied as the University has sent it to UGC. The
appropriate action for the PIO would have been to transfer the RTI application to the
UGC. The First appellate authority erred in asking the appellant to get it from UGC. The
PIO is directed to transfer the RTI application to the UGC.
Decision:
The Appeal is allowed.
The PIO will transfer the RTI application to UGC.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
24th April, 2009
(In any correspondence on this decision, mentioned the complete decision number.)