CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opp. Ber Sarai, New Delhi -110 067.
Tel: + 91 11 26161796
Decision No. CIC/SG/C/2009/000041/3093Adjunct
Complaint No. CIC/SG/C/2009/000041
SHOWCAUSE HEARING:
Complaint : Mr. Brishabh Prasad Jain
B-1/23, Sector-G,
Jankipuram,
Lucknow-226021.
Respondent : Mr. B.S. Mirge
Public Information Officer
Mahatma Gandhi International Hindi
University,
Panchtila, Umri, Vradha,
Maharashtra.
RTI application filed on : 05/08/2008
PIO replied : Not Mentioned
First appeal filed on : 05/09/2008
First Appellate Authority order : Not Mentioned
Complaint filed received on : 14/03/2009
Background
:
The appellant in his RTI application has sought details of petitioner and respondents in the
case no. 1428/2004, 2270/2004 and 2327/2007 in High Court, Lucknow Bench and he has
also asked about the details of officers who arranged payment for processing of the above
mentioned cases. He has enquired about the payment made to Mr. Dharmadhikari, Mr.
Deepak Sriwastwa, Mr. Sharad Sriwastawa and said that there is no correlation in all the
expenditure in regard of travel allowance made by the employees and officers of Mahatma
Gandhi International Hindi University. He wanted to know about the action taken,
dimensions and recommendation of Committee made by the Chancellor in regard of
researchers, salary paid to Dr. Jain including all allowances, amount paid to Dr. Shivshanker
Mishra (Inspection Officer) in the form of allowances, name of the PIO and First Appellate
Authority and the copy of the circular by which it was advertised.
The PIO’s Reply:
Not Replied.
The First Appellant Authority’s Order:
Not Mentioned.
Since there was no reply from the PIO and the appellate authority the complainant filed a
Complaint before the Commission on 24/03/2009. The Commission issued a notice on 12
February 2009. Subsequently the PIO provided the information to the appellant.
The Appellant not satisfied with the information provided, filed a complaint before the
Commission.
Relevant Facts emerged during Hearing on 06/05/2009:
The following were present:
Complaint: Mr. Brishabh Prasad Jain
Respondent: Mr. Manoj Kumar Rai PIO
” The information has been supplied to the appellant.
The following information will be given to the appellant:
1. The copy of the Executive Council’s minutes of meeting dated 10/10/98.
2. A copy of the letter from Mr. N. Sundaram member, Executive Council written to the
appellant asking for his biodata on 5 November 1998.
3. Photocopies of all the agenda notes of all the meetings of the Executive council from
2004 to 2008.
Decision:
The Complaint is allowed.
The PIO will give the information described above to the Complainant before 20 May 2009.”
Relevant Facts emerged during Showcause Hearing 02/09/2009:
Complaint : Mr. Vrashabh Prasad Jain
Respondent : Mr. B.S.Mirge, PIO
The Commission had ordered that on three points mentioned above must be given to the
Complainant before 20 May 2009. The Complainant states that the minutes of meeting dated
10/10/1998 had not been provided to him. Instead he has been given the agenda of that day.
On point 2 the PIO has also stated that copy of the letter from Mr. N. Sundaram member,
Executive Council written to the appellant asking for his biodata on 5 November 1998 is not
available. None of the copies of the Agenda notes of the meetings of the Executive Council
from 2004 to 2008 have been provided; instead agendas have been provided. The
Complainant has also give a letter to the PIO outlining the deficiencies. This misleading and
incomplete information has been sent to the Complainant on 14/08/2009. The PIO
Mr. B.S.Mirge has been the PIO form 24/06/209 thus on 14/08/2009 he was responsible for
giving the incomplete information to the Complainant. He is asked to explain why & how he
had done this. He is not able to give any explanation. The Commission sees this as a fit case
for applying the provision of Section 20 (1).
The Commission will penalize Mr. B.S.Mirge, PIO at the rate of Rs.250/- per day of delay as
per Section 20(1) from 14/08/2009 untill such time as the complete and correct information is
given to the Complainant. The Final Penalty Order will be issued when the complete
information is provided to the Complainant. The Final amount of penalty will be decided
when the PIO gives the Complete and Correct information to the Complainant.
Shailesh Gandhi
Information Commissioner
02 September 2009