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Decision No. CIC/SG/A/2010/001161/11922
Appeal No. CIC/SG/A/2010/001161
Relevant Facts
emerging from the Appeal
Appellant : Mr. Ved Parkash
C-242, Radha Garden Colony,
Merrut 25001
Respondent : Mr. Rajender Kalwani
Public Information Officer & Under Secretary
Department of Higher Education
(MHRD)
Shahstri Bhawan, New Delhi
RTI application filed on : 01/12/2009
PIO replied : 11/01/2010
First appeal filed on : 20/01/2010
First Appellate Authority order : 15/02/2010
Second Appeal received on : 23/04/2010
Notice of hearing sent on : 09/03/2011
Hearing held on : 08/04/2011
Information Sought:
The Appellant through 31 queries spread over seven pages had sought action taken by Secretary
Government of India on the letter submitted to Minister Mr. Arjun Singh of MHRD on 15/12/2008
with respect to alleged behavior of the authorities and not giving him adequate response for allowing
him to reappear in the MSC Maths IIIrd Semester Exam and so on………………..
Reply of the PIO:
With respect to query-1 the PIO has stated that the letter of 15/12/2008 is not available in the records.
As far other queries i.e. 2 to 31 are concerned the PIO has stated that the matter relates to State
Government and CCS University Meerut which is state university. The PIO has also stated that the
controlling authority in this matter is state government.
First Appeal:
No meaningful information was provided by the PIO. Hence complete information should be
provided.
Order of the FAA:
The First Appellate Authority in his order has stated that the complete information available on the
records has been provided to the Appellant. The FAA had also stated that the letter was not on the
records and the matter is related to State Government. While agreeing with the Appellant’s contention
that incomplete information was provided to the Appellant still FAA felt that PIO has provided correct
information. However he has asked the PIO to do a complete check of the records about the
Appellant’s letter and submit information to him.
Ground of the Second Appeal:
Complete information was not provided. The PIO has also defied the order of the FAA as PIO was
directed by the FAA to recheck the records and furnish the information to the Appellant. Moreover the
queries 30, 4, 14, 12, 17, 24, 27, 28, 29 & 31 are very much concerned with the MHRD and not to the
State Government hence information on these queries must be provided.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Absent;
Respondent : Mr. Rajender Kalwani, Public Information Officer & Under Secretary;
The Respondent shows that after the order of the FAA a letter has been sent on 26/02/2010 to
Principal Secretary to the Governor, Secretary Higher Education and Registrar, CC University. The
Respondent states that all the information available on the records has been provided.
Decision:
The Appeal is disposed.
The information available on the records appears to have been provided.
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
08 April 2011
(In any correspondence on this decision, mention the complete decision number.) (SM)