Central Information Commission Judgements

Dr. G. R. Chopra vs Bhaskaracharaya College Of … on 17 February, 2010

Central Information Commission
Dr. G. R. Chopra vs Bhaskaracharaya College Of … on 17 February, 2010
                   CENTRAL INFORMATION COMMISSION
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                      Old JNU Campus, New Delhi - 110067.
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                                                     Decision No.CIC/SG/A/2010/000024/6873
                                                           Appeal No. CIC/SG/A/2010/000024

Appellant                                   :       Dr. G. R. Chopra,
                                                    E-134, Naraina Vihar,
                                                    New Delhi-110028

Respondent                                  :       Dr. Geeta Bhatt
                                                    Public Information Officer & Reader
                                                    Bhaskaracharaya College of
                                                    Applied Sciences (University of
                                                    Delhi), Sector-2, Dwarka,
                                                    New Delhi-110075

RTI application filed on                    :       22/08/2009
PIO replied                                 :       25/09/2009
First Appeal filed on                       :       20/10/2009
First Appellate Authority order             :       24/11/2009
Second Appeal Received on                   :       31/12/2009
Notice of Hearing Sent on                   :       14/01/2010
Hearing Held on                             :       17/02/2010

Sl.No        Information Sought                 PIO's Reply                       FAA
1.      Provide     the    details   of   The             required   The information sent to the
        Appellant's revised pension       information is provided    Appellant by the PIO is correct
        and communication fixed by        in Annexure I (page 1-     as on 25/09/2009.
        the College & the University.     3).
4.      Provide the Total amount of       The matter is under        No reply.
        arrears admissible to Appellant   process     with     the
        on account of 6th pay             University of Delhi-
        commission:                       copy        of       the
            a. Arrears because of         correspondence
                revised pension           enclosed.      Annexure
            b. Arrears because of         III(page 6-7)
                Appellant's salary for
                the period 01/01/2006
                to 06/06/2006.
5.      Provide the reasons for delay     The matter is pending The information sent to the
        in releasing the remaining of     with the University of Appellant by the PIO is correct
        40% of arrears to the             Delhi.                 as on 25/09/2009. However the
        Appellant.                                               arrear have been paid to the
                                                                 Appellant    after   receiving
                                                                 approval form the University
                                                                 of Delhi Annexure -I Page 2.
                                                                 the arrear have been paid on
                                                                                  Page 1 of 3
                                                                 1/05/2009-Rs.           75000/-
                                                                08/10/2009-Rs. 72556/ & on
                                                                22/10/2009-Rs. 82003/
9.      Action taken by the College      Copy of letter dated The information sent to the
        with a copy of file noitngs      16/09/2009 is enclosed Appellant is correct as on
        made by the College officials    .Annexure-V (page 17. 25/09/2009. As regards the
        with regard to the fixation of                          current status of fixation of
        Appellant's pension & salary                            Appellant's      pension      is
        (for period 01/01/2006 to                               concerned please refer to
        06/06/2006.                                             Annexure-I, I & II above. For
                                                                fixation of salary the matter is
                                                                pending with the University of
                                                                Delhi.         Copies         of
                                                                correspondence         enclosed
                                                                Annexure -IV-Page 14-18.
27.     The Principal of the College     Copies of the letter No reply.
        Dr. Jai Parkash has issued a     enclosed     (3pages)-
        certificate on 24/06/2009 to the Annexure XII(page 63-
        Appellant.       Provide     the 65).
        photocopies of the relevant
        papers like, the request letter
        by the Co-ordinator of the
        study centre; when actually it
        was closed? When the record
        was sent to Head office of
        IGNOU The certificate of ...
        IGNOU Official in this regard.
28.     Dr. Jai Parkash joined the on No information          is The PIO had correctly replied
        20/04/007. H has verified the available.                 that    no information      is
        bills for the period when he                             available.
        was not in the College(before
        20/04/2007). Provide copy of
        the letter from IGNOU Official
        which was provided him to do
        so.

PIO's Reply:
Annexure-1 & Annexure-2 enclsoed.
Appellant was informed vide letter dated 24/06/2009('A-4' enclosed)that letter reference No.
768 dated 10/04/2007 as "confidential" issued by the then Co-ordinator, IGNOU Study Centre
0728, is not available in the college records. The above mentioned letter is related to IGNOU
Study Centre 0728 which is closed since 2007.

Grounds for First Appeal:
Copy not enclosed.

Order of the First Appellate Authority:
The desired information was sent to the Appellant without receiving the photocopying charges,
Appellant was requested to deposit an amount of Rs. 50/.


                                                                                  Page 2 of 3
 Grounds for Second Appeal:
Unsatisfactory reply-Point No.1, 4, 5, 9, 27 & 28.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Dr. G. R. Chopra;

Respondent: Dr. Geeta Bhatt, Present Public Information Officer & Reader;

Dr. Lalit Kapur, the then PIO & Reader;

The PIO is directed to give the following additional clarification to the Appellant:
1- Query-27: The Principal of the college will give an affidavit stating that letter
reference no. 768 dated 10 April 2007 does not exist in the college.
2- Query-28: The Principal will issue a letter that there is no letter form IGNOU
authorizing the principal to sign bills before 20 April 2007.

Decision:

The appeal is allowed.

The PIO will give the information as directed above after taking it from the Principal to
the Appellant before 05 March 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
17 February 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj

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