In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001756
Date of Hearing : October 12, 2011
Date of Decision : October 12, 2011
Parties:
Applicant
Smt. Anjana
Flat No.35/Type III
First Floor
N.S.I.T. Campus
Sector 3
Dwarka
New Delhi 110 078
The Applicant was present during the hearing.
Respondents
Netaji Subhash Institute of Technology
Azad Hind Fauz Marg
Sector 3
Dwarka
New Delhi
Represented by : Shri Vijander Singh, SPIO
Shri Suresh Saraf, S.O
Shri T.P.Mathew, FAA & Coordinator
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001756
ORDER
Background
1. The Applicant filed an RTI Application dt.27.4.11 with the PIO, NSIT seeking the following
information:
i) A readable and certified copy of complaint made by Mrs.Hema Agrawal, SLA dt.29.7.10
(diary on 5.8.10) against the Applicant
ii) A readable and certified copy of facts and findings of the Committee (Chairman
Dr.O.P.Thakur) made on complaint of Mrs.Hema Agrawal against the Applicant
iii) Any other documents regarding the complaint submitted by Mrs.Hema Agrawal.
iv) A readable and certified copy of statement of witness if any produced/examined on behalf of
Mrs.Hema Agrawal regarding the complaint.
Dr.Vijander Singh, SPIO replied on 26.5.11 stating that the third party Ms.Hema vide her
representation dt.20.5.11 has denied disclosure of the information. Not satisfied with the reply, the
Applicant filed an appeal dt.30.5.11 with the Appellate Authority reiterating her request for the
information. Prof. A.P.Mittal, Appellate Authority disposed of the appeal vide his order dt.20.6.11
upholding the decision of the SPIO against points (i), (iii) and (iv). He, however, directed the PIO to
provide the report of the facts finding committee for purpose to the Applicant within 15 days of this
hearing. The Applicant filed a second appeal dt.18.7.11 before CIC stating that the required
information/proofs & exhibits have not been received.
Decision
2. After hearing both sides, it was noted that the third party had filed a complaint against the Appellant
holding the Appellant responsible for the alleged affair between her husband and the daughter of the
Appellant who is an adult. The Appellant on the other hand believes that the third party is simply
telling lies and that her daughter is totally innocent. It was also observed that the Public Authority on
the basis of the complaint filed by the third party, had constituted a Committee to enquire into the
alleged affair and that based on the findings had issued a memo to the Appellant which has prompted
the Appellant to seek the information under RTI. The Appellant questioned the basis on which she
has been issued the memo.
3. Even after careful consideration of the facts and circumstances of the case, the Commission is
unable to understand the basis on which the Public Authority had actually constituted a Committee to
look into the matter and has issued a memo to the Appellant since the matter is purely personal in
nature involving relatives of the Appellant and the third party who have nothing to do with the Public
Authority. The Public Authority therefore is not expected to be holding any information with them
about this matter . It is also the opinion of the Commission that the Public Authority, for reasons
given already, had no business to conduct an enquiry into the matter and to issue a memo to the
Appellant based on the enquiry.
4. It is therefore recommended that the Public Authority return the complaint and other related
documents available with them to the third party. It is also recommended that the memo issued to the
Appellant pursuant to the enquiry that was held be taken back since the holding of the enquiry by
the Public Authority about relatives of employees who have nothing to do with the Public Authority
cannot be considered as justified under any rule.
5. The appeal is dismissed.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Smt. Anjana
Flat No.35/Type III
First Floor
N.S.I.T. Campus
Sector 3
Dwarka
New Delhi 110 078
2. The Public Information Officer
Netaji Subhash Institute of Technology
Azad Hind Fauz Marg
Sector 3
Dwarka
New Delhi
3. The Appellate Authority
Netaji Subhash Institute of Technology
Azad Hind Fauz Marg
Sector 3
Dwarka
New Delhi
4. Officer in charge, NIC