Central Information Commission
CIC/AD/A/2008/000244
Dated August 7, 2009
Name of the Applicant : Mr. Hosabettu
Name of the Public Authority : SAMEER, IIT Mumbai
Background
1. The Applicant filed two RTI applications on the same date i.e.17.4.08 with the
CPIO, SAMEER, IIT Mumbai. In the first RTI request, the Appellant requested
information against 4 points with regard to service details of one Shri K.K.
Radhakrishnan Nair (A.O II). In the second, the Applicant requested for
information based on a comparative table of pay scales for the Member
(Technical) support staff against 6 points. While the CPIO replied on 23.5.08
against the first RTI application furnishing point wise information, the reply to
the second RTI request was given on 16.6.08. Not satisfied with the replies,
the Applicant filed appeals against both the replies dt.11.6.08 with the
Appellate Authority. The Appellate Authority replied on 7.7.08 to both the
appeals stating that in the first RTI request information is denied under
section 8(i)(j), , and in the second RTI request the queries are in the nature
of demanding explanations from the PIO, answers to which are not available
in the files. Aggrieved with this reply, the Applicant filed a second appeal dt.
6.8.08 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for August 7, 2009.
3. Mr. S.S. Prasadh, Scientist ‘E’ cum CPIO and Mr. A.K. Basu, Scientist ‘G’ cum
Appellate Authority represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Commission informed the Appellant to note that under RTI Act, the
information is to be provided to the individual and not to the
Union/Association and the information is being provided to Mr. S. Hosabettu
as an individual and not to M/s SAMEER Employees Association. The
Commission reviewed the responses to both the RTI applications. In respect
of the first RTI request, the Commission directs the CPIO to provide complete
information against points 1 and 2 of the RTI request, regarding Mr.
Radhakrishnan Nair.. Information against points 3 and 4 with regard to Mr.
Nair has already been furnished by the Respondent. With regard to second
RTI application, the Commission directs the CPIO to provide information
against point (1) in the form of circulars, file notings ,memos etc. if available
in files. With regard to points 3, 4 and5 the Commission holds that
information sought does not fall under the category of information defined
under section 2(f) of the RTI Act, since the Appellant is seeking the opinion
of the CPIO. Information against point 6 of the second RTI request has
already been provided. All information to be provided to the Appellant by 15th
September, 2009. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Mr. Hosabettu
C/o SAMEER
IIT Campus, Hill Side, Powai
Mumbai 400 076
2. The CPIO
SAMEER
IIT Campus,
Hill Side, Powai
Mumbai 400 076
3. The Appellate Authority
SAMEER
IIT Campus,
Hill Side, Powai
Mumbai 400 076
4. Officer incharge, NIC
5. Press E Group, CIC