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Decision No. CIC/SG/A/2009/001637/4558
Appeal No. CIC/SG/A/2009/001637
Appellant : Mr. Vrashabh Prasad Jain,
B-1/123, Sector G,
Janakipuarm, Lucknow-226021
Respondent (1) : Mr. Manoj Kumar Rai,
PIO, Mahatma Gandhi Antararasrtiya
Hindi Vishwavidyalaya,
Pancatilaa, Wardha (Maharashtra)
Respondent (2) : Dr. Shakeel Ahmed
UGC
Bahadur Shah Zafar marg,
Delhi
RTI application filed on : 19/02/2009
PIO replied : 12/03/2009
First Appeal filed on : 04/03/2009
First Appellate Authority order : No order.
Second Appeal filed on : 16/06/2009
Information sought:
1. Provisions of either the University Grants Commission or of Mahatma Gandhi
Antararastriya Hindi Vishwavidyalya (MGAHV) Act & stautes under which a fact
finding Commitee in the Chairmanship of Prof. R.P.Kaushik was constituted.
2. Mention name and post of the person who had constituted the aforesaid committee.
3. Wether this person was authorized under lawful provisions to constitute such a
committee, if yes, provide a copy of such provisions.
4. Copy of the original orders regarding the constitution of the Fact finding commission
in the chairmanship of Prof. Kaushik and Dr. Asha Kiran.
5. Copy of the Notification regarding the same.
6. Was the Appellant ever given a chance to represent his version of his appointment
under section 20 of MGAHV before making remarks by the officers of the university.
7. Mention reasons for denying an opportunity to record the version of the Appellant.
8. Mention the reasons for holding the version of the Fact Finding Committee held in the
Chairmanship of Prof. Kaushik as authoritative even when such version of the
Appellant was not recorded.
9. Wether the mandatory provisions of Sec 4(1) (d) had been observed in recording the
decisions relating to the Appellant by the said committee.
10. Mention the reasons for considering such decisions of the university as Authoritative
decisions which are not supported by the basic reasons of such decisions related to the
Appellant as per section 4(1) (d) of the RTI Act
11. If decisions taken against the Appellant were not enforced authoritatively, when
would it be withdrawn and action be taken against the offenders.
PIO's REPLY:
PIO stated in his reply that the Appellant may seek the information from MHRD/UGC as
Mahatma Gandhi Antararastriya Hindi Vishwavidyalya was unable to provide the same.
Grounds for First Appeal:
It was stated that the information sought relates to the Appellants life and liberty, and that
inspite of making such a note, PIO had not provided the complete information.
Order of the First Appellate Authority:
No order.
Grounds for Second Appeal:
Complete and satisfactory information was not provided by the PIO and no order was given
by the FAA.
Submission received from the Appellant before hearing:
The Appellant contends that the RTI provision has not been observed by the PIO and the
reply furnished by the PIO was misleading and evasive.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. V.P.Jain
Respondent: Mr. Manoj Kumar Rai, PIO (MGAHV) and Dr. Shakeel Ahmed PIO (UGC)
The PIO will give the following information:
1- The provision of UGC Act under which the R.P.Kaushik Committee was formed –
a copy of the appropriate section will be provided.
2- If there are any reasons on record for not inviting the Appellant for a hearing by
the Committee these shall be given. If there are no reasons on record this will be
stated.
3- If there are any notings or other papers based on which the report was made
photocopies will be provided. If there are no such notings or other papers this will
be stated.
Decision:
The appeal is allowed.
The PIO will give the information mentioned above to the Appellant before
05 September 2009.
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 August 2009
(In any correspondence on this decision, mention the complete decision number.) (SP)