CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opposite Ber Sarai, New Delhi -110067
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/000867/3599
Appeal No. CIC/SG/A/2009/000867
Relevant Facts
emerging from the Appeal:
Appellant : Mr.Nitesh Duhan
Panchvati Colony Samlkha,
Distt. Panipat
Haryana-132101.
Respondent : The Asstt. Registrar & PIO
University of Delhi
Delhi-110007.
RTI application filed on : 07/04/2008
PIO replied : 06/05/2008
First appeal filed on : 03/06/2008
First Appellate Authority order : 21/07/2008
Second Appeal filed on : 17/04/2009
Information sought:
The appellant has asked following point regarding admission to MBA-Full time course (2008-
10) of Faculty of Management Studies, University of Delhi under RTI Act:-
1. What are a) Written exam marks, b) GD marks, c) Extempore marks and d) PI marks
achieved by each of the candidates, who faced GD-PI after clearing the written test?
PIO’s reply:
PIO had replied that “the information asked by the applicant is not made available to the
candidates and disclosure of the same to the appellant can be objected to by the candidates
concerned. The information is therefore denied under Section 8(1) (j) of the Act. However, a
copy of the merit list based on total scores of selected and waitlisted candidates for admission to
MBA (MS Programme) under General Category had already been provided.”
First Appellate Authority ordered:
First Appellate Authority ordered that “after considering the matter, it is directed that
information sought by the appellant would be made available by the Faculty of Management
Studies to the Information Section by 31st July 2008 for onward transmission to the appellant by
14th August, 2008.”
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr.Nitesh Duhan
Respondent : Mr. L.R.Malhotra on behalf of deemed PIO Prof. J.K.Mitra(Dean(FMS)) and Mr.
Jay Chanda PIO
The information has been provided to the appellant on 31/03/2009. The information is not
exactly in the format sought by the appellant. The appellant wanted for breakup of the marks of
Group Discussion, Interview and Extempore. The deemed PIO states that there is no records of
these marks separately and the panel of examiners submit the total marks of each candidate to the
University which is on record. The PIO is directed to send the details of this process stating that
the separate marks for these three are not on the record of the University.
It is also apparent that inspite of the clear order of the First Appellate Authority to give the
information by 14 August 2008. The information had not been provided to the appellant until 31
March 2009. The respondents were asked to explain the reasons for this and it appears from
there statements that Dean (FMS) had taken a position that this information could not be given.
All officers in public authority have to understand that they are bound to obey the laws and the
structures thereof. It appears that Prof. J.K.Mitra (Dean-FMS) has taken a position to defy the
order of the FAA under RTI.
Decision:
The Appeal is allowed.
The PIO will give the information mentioned above before 15 June 2009.
From the facts before the Commission it is apparent that the deemed PIO Prof. J.K.Mitra(Dean-
FMS) is guilty of not furnishing information within the time specified under sub-section (1) of
Section 7 by not replying within 30 days, as per the requirement of the RTI Act. He has further
refused to obey the orders of his superior officer, which raises a reasonable doubt that the denial
of information may also be malafide. The First Appellate Authority has clearly ordered the
information to be given.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1) .
A showcause notice is being issued to him, and he is directed give his reasons to the Commission
to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on 9 July 2009 at 4.30pm
alongwith his written submissions showing cause why penalty should not be imposed on him as
mandated under Section 20 (1). He will also submit proof of having given the information to
the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
5th June, 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)
CC:
Prof. J.K.Mitra
Dean (FMS)
University of Delhi
Delhi