CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000429+000589+000591+000594/11654
Appeal No. CIC/SG/A/2010/000429+000589+000591+000594
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Janardan Kumar
Plot no. 347, Pindarkom,
PO-Tehri Namkum,
Ranchi, Jharkhand
Respondent : Mrs. Nidhi Jaiswal
PIO & AAO(Legal)
General Office
Birla Institute of Technology
Mesra, Ranchi, Jharkhad
RTI application filed on : 21/10/2009
PIO replied : 14/11/2009
First appeal filed on : 24/11/2009
First Appellate Authority order : 15/12/2009
Second Appeal received on : 03/02/2010
Sl. Information Sought PIO's reply
i. Provide Grade Card of Janardan Kumar Roll no. Your have been repeatedly asking this information
MBA 30/96 (Full Time) prepared in Jan 1997. please note we have already provided you all relevant
and available information in your earlier applications.
ii.. (a)Provide name of the student who registered in Information sought is vague. Name of the students,
maximum number of semester with number of the year of his admission, the list branch, etc. has not
semester. (b) Provide copies of grade cards of been mentioned. Therefore, information cannot be
his/her each semester & copies of same result. (c) provided.
How many unit he/she has completed after his/her
last registration out of total unit to complete
his/her programme. (d) Provide report of Vice-
Chancellor, Dean, UG/PG, Dean Examination,
Semester Programme Coordinator for each
registration after 2nd Semester result for giving
permission for registration. (e) Provide copy of
regulation of his/her courser. (f) Provide name of
the authority responsible for giving permission for
registration in such number of semester against
the required number of semester by regulation.
iii. (a) provide name of the students who were Information sought for is vague. Year has not been
dropped from Programme UG/PG course after mentioned. Therefore cannot be provided. Part (c)
First semester. (b) Provide his/her copy of grade Available information runs 1 page. Please pay cost as
card and copy of result. (c) Provide copy of per RTI Act.
regulation governing dropping from programme.
(d) Provide name of the authorities who were
responsible for such decision against the
regulation governing the course.
iv. Provide name of the student of Scheduled Caste Repeated query: Please refer point no.(i) above &
student of 1996 batch who applied for FRESH appeal no. 962/08 Point (x). The matter is still
Post Metric Scholarship for SC. pending before the Hon’ble Jharkhan Information
Commission, Ranchi.
v. Provide name fo the student of SC 1996 batch Repeated query: Please refer point no (1) & (ii)
who applied for RENEWAL for Post Matric above. Appeal no. 220/08 Point(ix). Earlier decided
Scholarship for SC for 1997-98. by Hon’ble Jharkhan Information Commission,
Ranchi.
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vi. Provide a affidavit srourn in by Chairman & VC No such documents exists on record and therefore
of Board of Governors jointly that no eligible information cannot be provided.
student of SC were left for applying post matric
Scholarship for session 1996-97.
First Appeal:
No information was provided by the PIO within 30 days. Please provide copies of documents sought.
Order of the FAA:
“Your 4 first appeals dated 24/11/2009 regards your application no RTI/JKJO9- 10/01 to 04 were received by
me on Dec 2,2009. I
Going through your applications and responses sent to you by PIO Ms Nidhi Jaiswal your ground for appeal:
“No Decision is received within 30 days of application in form ‘A’ is untenable. In fact it seems you are trying
to mislead the first appellate authority. Please refer the movement particulars of EB 235370537 IN, the speed
post by which PIO has sent her replies (enclosed).
Facts are as follows:
Date of your application: 21/10/09 Date of submission inform A :24/10/09 Date of receiving by PIO: 29/10/09
Date of PIO reply: 14/11/09 Date of dispatch (PIO reply) :21/11/09 Date delivered at your end : 23/11/09
From above facts it appears that PIO has responded to your application well within stipulated time of 30 days.
in her reply she has responded point wise to all your points and asked you to make payment of:
Rs 2 for application no 01
Rs 916 for application no 02
Rs 32 for application no 03
Rs 2 for application no 04 -as per RTI act.
As per RTI act you are supposed to pay the additional cost and collect the information.
Till the time no payment is received your 30 days time period does not lapse.
This appeal is premature.
A copy of PIO response is being enclosed.”
Ground of the Second Appeal:
Complete information with respect to each query not provided.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Absent;
Respondent : Mrs. Nidhi Jaiswal, PIO & AAO(Legal);
The Respondent states that the University is a State University and therefore the jurisdiction in this
matter is of the Jharkhand State Commission. The Commission accepts this contention and therefore transfers
these cases to the Jharkhand State Commission:
1- CIC/SG/A/2010/000429
2- CIC/SG/A/2010/000589
3- CIC/SG/A/2010/000591
4- CIC/SG/A/2010/000594
Decision:
The Appeal is disposed.
The matters are being transferred to State Information Commission Jharkhand.
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
25 March 2011
(In any correspondence on this decision, mention the complete decision number.) (SM)
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