CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001269/6027
Appeal No. CIC/SG/C/2009/001269
Relevant Facts
emerging from the Appeal:
Complainant : Mr. Rajendra Prasad
E-20/4, Lab Quarters,
PO-Kanchanbagh, Hyderabad - 500058.
Respondent : Public Information Officer
All India Council for Technical Education
(AICTE),
7th Floor Chanderlok Building,
Janpath, New Delhi – 110001.
RTI application filed on : 24-03-2009 PIO replied : Not replied First appeal filed on : 30-05-2009 Complaint received on : 02-09-2009 Date of Notice of Hearing : 18/11/2009 Hearing Held on : 21-12-2009 Information Sought:
The Complainant had sought following information from PIO -AICTE, Delhi
regarding
1. What is the directive to the AICTE approved college regarding the return of the original
certificates of a students after verification is over during the admission process.
2. a. Is it permissible for the AICTE approved colleges to retain the original certificates
after the verification is over?
b. What is the compensation to be paid to the student if the AICTE approved college
retains the original certificates for some period after the verification is over?
c. What is the summary punitive action AICTE takes if the AICTE approved college
retains the original certificates after the verification is over?
d. What is the punitive action AICTE takes if the AICTE approved college disobeys
AICTE orders regarding the return of the original certificates after the verification is
over?
3. What is the punitive action AICTE takes if the AICTE approved college retains the
original certificates after the verification is over and uses them for blackmailing the
students?
4. What is the punitive action AICTE takes if the AICTE approved college retains the
original certificates after the verification is over and uses them for III-treating the
students?
5. What is the compensation to be paid to the student if the AICTE approved college retains
the original certificates after the verification is over even if a request is made to return the
verification?
6. What is the compensation to be paid to the student if the AICTE approved college retains
the original certificates after the verification is over and uses them to pay with his career,
life and liberty?
The PIO’s reply:
Not replied.
Note:- A reply had been received by the CIC after notice, form the PIO .
Ground of the First Appeal:
Information had not been received till date from the PIO.
Ground of the Complaint:
No information had been provided by the PIO. No order had been passed by the FAA. to
PIO for providing information to the Complainant.
Relevant Facts emerging during Hearing:
The following were present:
Complainant : Absent;
Respondent : Absent;
As per the records presented to the Commission no information appears to have been
provided to the Complainant, nor have any reasons been given for not supplying the information.
Decision:
The Complaint is allowed.
The PIO is directed to give the complete information to the Complainant before 10
January 2010.
The issue before the Commission is of not supplying the complete, required information by
the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO 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.
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 give his written submissions showing cause why penalty should not be imposed on him
as mandated under Section 20 (1) before 20 January 2010. 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.
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
21 December 2009
(In any correspondence on this decision, mention the complete decision number.) (BK)