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Decision No. CIC/SG/A/2009/003033/6633
Appeal No. CIC/SG/A/2009/003033
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Gopal Sharma,
C/o Apna Swadist Food Corner,
Opposite Reliance Fresh,
Maujpur Main Road,
Delhi-110053.
Respondent : Mr. Jay Chanda
CPIO & Assistant Registrar
University of Delhi.
Main Campus,
Delhi- 110007.
RTI application filed on : 26/06/2009
PIO replied : 07/09/2009
First appeal filed on : 16/09/2009
First Appellate Authority order : 16/10/2009
Second Appeal received on : 03/12/2009
Date of Notice of Hearing : 02/01/2010
Hearing Held on : 01/02/2010
Information Sought (with reference to letters No R/2005/1915, R/2005/1916 and R/2005/1917
dated 11 June 2005 issued by the Registrar and Finance Officer and addressed to DDA, Dept of
Biotechnology and Ministry of Environment and Forests).
a) The official basis of claims contained in the letters.
b) Name of authority on whose orders the letters were issued.
c) Copy of file notings of the above mentioned 3 letters and name and designation of the
employee who issued them.
d) “Objections of Finance Officer Mr SK Jaipuriar with regard to legality of the said letters in the
absence of any official stand and its connections with connected file notings.”
Reply of the PIO
The PIO mentioned that information sought by the Appellant had been referred to the Project in
charge, deputy finance officer and assistant registrar (Estab/NT) of Bio diversity parks
programme. On the basis of information provided by these employees, no information was
available to the queries of the Appellant.
First Appeal:
Unsatisfactory information provided by the PIO.
Order of the FAA:
The FAA observed that the PIO had tried his best to locate the files. The FAA directed the
Assistant Registrar (Estab NT) to look into the matter and provide available information, if any,
to the Appellant before 20/11/2009 ie within 35 days.
Ground of the Second Appeal:
Unfair disposal of the appeal by the FAA. The Appellant alleged that FAA’s order was
tantamount to refusal of information. The Appellant also mentioned that the 3 letters mentioned
in RTI application were written by someone without the authorization of FAA and also without
any decision of DU. Consequently, the possibility of corruption seemed pretty high.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent;
Respondent: Mr. Jay Chanda, CPIO & Assistant Registrar;
Mr. Faiyaz A. Khudsar representing Prof. C.R. Babu Deemed PIO;
The PIO states that there is no information which shows the following:
1- DDA has entrusted the project to Prof. Babu on accounts of his personal expertise.
2- University has empowered Mr. Babu to operate, pursue and settle all transactions of
financial and administrative nature with regard to the above mentioned projects.
The Commission directs the Vice Chancellor to give a certificate that the above statement is
indeed true.
Decision:
The Appeal is allowed.
The Vice Chancellor is directed to give a certificate as stated above to the Appellant
before 20 February 2010.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
01 February 2010
(In any correspondence on this decision, mention the complete decision number.)(RR)