Dear Friends,
This is a very interesting case of Faculty of Management Studies (FMS),
University of Delhi. This case is been heard by Shri Shailesh Gandhi,
Information Commissioner. After the last hearing held on 09.07.09, he has
reserved his decision on this case. Lets see whether Information
Commissioner will impose penalty on PIO in this case or not.
Nitesh Duhan, currently a student of FMS, Delhi, requested for the following
information from Faculty of Management Studies, FMS, Delhi University, under
the RTI act 2005:
*What are the : a)Written exam marks, b) Group Discussion (GD) marks, c)
Extempore marks and d) Personal Interview (PI) marks awarded to the
individual candidates, who faced GD-PI after clearing the written test for
MBA entrance (Full Time course, 2008-10), Faculty of Management Studies,
FMS, Delhi University?*
* *
Following is the chronology of event from April 2008 to July 2009
*Chronology of events*
* *
Date
Progress
April 09, 2008
Filed application under the RTI act, with the Public Information officer,
University of Delhi.
May 06, 2008
Nitesh received a reply from the Public Information officer
Info/OA/335/2008/4639 dated May 06, 2008. The information was denied under
8(1) (j) of RTI act.
June 03, 2008
Filing of the appeal with the First Appellate Authority, The Registrar,
University of Delhi.
July 21, 2008
The First Appellate Authority decided on July 21, 2008 that *Considering the
previous CIC Judgements, this information can not be denied on Section
8(1)(j). Further The First Appellate Authority directed The Dean, FMS, Delhi
University to provide the sought information to applicant before August 14,
2008*.
August-September, 2008
Three reminders were sent to Prof J K Mitra (Deemed PIO) by PIO, but he did
not disclose information.
February 19, 2009
Apprised the First Appellate Authority, The Registrar, University of Delhi,
about non-delivery of information. Also Nitesh wrote an application
requesting for information.
February 20, 2009
Fourth Reminder was sent to Prof J K Mitra by PIO, but he did not disclose
information.
February 27, 2009
Prof Mitra wrote back that Nitesh wants to make use of information for
commercial purposes.
March 02, 2009-March 25, 2009
Nitesh wrote four applications requesting for information.
March 31, 2009
Got incomplete information
April 22, 2009
Moved to CIC
June 05, 2009
Hearing took place. FMS took stand that the *break-up is not on records*.
(FMS lied in front of Commission). Commission issued show cause for delay
and asked FMS to provide the process of awarding the marks to the
candidates.
June 18, 2009
*Break-up is provided* to Nitesh saying that this reply is to honor the
honorable CIC directives. ( Implying that neither the RTI Act nor the
citizens of this country will be honored by public servants)
July 09, 2009
Show- Cause notice hearing takes place. *The decision is reserved by IC Shri
Shailesh Gandhi.*
* ** **Our Argument before the commission for imposing penalty on PIO:*
* *
*1) **PIO has not furnished information within the time specified under
sub section (1) of section 7.*
*2) **The PIO malafidely denied the request for information as the PIO
in front of Commission took the stand that the break-up is not on
recordsand later provided the same information available with the FMS
to the
applicant on 18th June 2009 when CIC asked them to provide the process of
how they give marks.*
*3) ** The PIO, FMS knowingly provided incorrect, incomplete and
misleading information.*
*4) **The PIO furnished the information to honor the honorable CIC
directives but does not provide the information to the applicant when he
filed the RTI. This means, with this case a precedent will be set that all
the citizens will only get the information through the CIC as PIOs will
only honor the Commission but not the provisions of the RTI Act.*
*Please send your views on this case.*
Saurabh
JOSH
[Non-text portions of this message have been removed]
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