CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2009/001067/4262Adjunct
Complaint No. CIC/SG/C/2009/001067
SHOW CAUSE HEARING
Complainant : Mr. Girish Mittal
1305 Dhruv, Ashok Van,
Borivali East, Mumbai - 400066
Respondent : First Appellate Authority
All India Council for Technical Education
NBCC Place(East Block), 4th floor
Bhisham Pitamah Marg, Pargati Vihar
Lodhi Road, New Delhi-110 003
Decision dated 29 July 2009:
The Complainant had filed an application with the PIO on 23/02/2009 asking for
certain information. He received a reply from the PIO on 16/03/2009, which he found
unsatisfactory. The Complainant has therefore filed a Complaint with the Commission under
Section 18 of the RTI Act, 2005. The Complainant had not used the alternate and efficacious
remedy of First Appeal available under Section 19 (1) of the RTI Act. Consequently, the First
Appellate Authority had not had the chance to review the PIO’s decision as envisaged under
the RTI Act.
Therefore, the matter was remanded to the First Appellate Authority with a direction to
decide the matter in accordance with the provisions of the RTI Act, after giving all concerned
parties an opportunity to be heard. The Complaint was disposed off.
Brief facts leading upto show cause hearing:
As the First Appellate Authority did not pass an order within 30 days of receiving the
Remand order of the Commission, the Commission issued show cause notice dated
15/09/2009 and 12/11/2009 to the First Appellate Authority directing him to show cause why
disciplinary proceedings should not be initiated him
Relevant facts arising during the show cause hearing on 11/12/2009:
Following persons were present:
Complainant: Absent
Respondent: Mr. Dev Vrat Singh, FAA
The Appellate Authority states that AICTE does not have adequate staff and about 90% of its
staff is on contract/deputation. He states that on frequent intervals people come and go from
the AICTE and therefore it appears to be becoming a dysfunctional office. It is a very sad
comment that the premiere institution in the country which recognizes technical courses is in
such a sad state of affairs. In the last 6 months there have been three changes of PIOs and
hence providing any information has become a very difficult task. However, the Appellate
Authority, Mr. Dev Vrat Singh has managed to send some information to the Complainant on
10/12/2009. He has not been able to send information relating to Query (d) a and c and Query
(e) c, d and e. He states that the files with file notings relating to the approval of the five
institutes mentioned in (e) have now been shifted to Kanpur regional office and he will
therefore have to procure these from the Kanpur Regional Office. All the information will be
provided to the Complainant before 30 January 2010.
Shailesh Gandhi
Information Commissioner
11 December 2009
(For any further correspondence in this matter, please quote the file no. mentioned above) (ShG)