CENTRAL INFORMATION COMMISSION
ANANDI RAMALINGAM, J
UTTAM KUMAR PODDER – Appellant
Versus
All India Council for Technical Education (AICTE) – Respondent
CIC/AICTE/A/2023/129344
O R D E R
1. The Appellant filed an RTI application dated 16.02.2023 seeking information on the following points:
(i) It is requested to please furnish me mode of engagement of Faculty name: Uttam Podder, AICTE faculty ID:1-488759153 are provided by above mentioned Institute ID: 1-2451707736 to AICTE in year 2012-13.
(ii) It is requested to please furnish me mode of engagement of Faculty name: Uttam Podder, AICTE faculty ID: 1-488759153 are provided by above mentioned Institute is 2451707736 to AICTE in YEAR 2015-2016.
(iii) It is requested to please furnish me Mode of engagement of Faculty name: Uttam Podder, AICTE faculty ID: 1-488759153 are provided by above mentioned Institute ID: 1-2451707736 to AICTE in year 2022-2023.
(iv) It is requested to please furnish me latest status of mode of engagement of Faculty name: Uttam Podder, AICTE faculty ID: 1-428759153 are provided by above mentioned institute 1D: 1-2451707736 to AICTE.
2. The CPIO replied vide letter dated 31.03.2023 and the same is reproduced as under:-
An unsigned letter bearing no. RTI (4th Qtr.) Offline /2022-2023/1010 dated 15- 03-2023 with the above-mentioned subject has been received by this office. If it is sent from your office, it is stated that the information, as asked for, by the applicant may be available in the office of the Principal, Jnan Chandra Ghosh Polytechnic, 7. Mayurbhanj Road, Kolkata, West Bengal, Pin - 700023. The entire document in original is being sent back to you.
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 03.05.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 25.05.2023 stated that:
Please refer to this ERO office letter dated 15.03.2023 vide letter no. RTI(4th Qtr.) Offline /2022-23/1011 which your RTI application was already forwarded to the Director, Dept. of Technical Education Training & Skill Development, West Bengal, letter to provide the desired information, also refer to Letter of Government of West Bengal, Directorate of Technical Education & Training, Kolkata, Memo no. S86. TET/7A-1 TET/2022 dated 21.03.2023 in this regard.
However, you RTI application along with the appeal is hereby forwarding to the CPIO of Jnan Chandra Ghosh Polytechnic, West Bengal, so that information may be provided to you.
4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 05.07.2023.
5. The appellant remained absent during the hearing despite notice and on behalf of the respondent Dr. Anil Sharma, CPIO and Mr. Samson Wartika, DEO, attended the hearing in person.
6. The respondent while defending their case inter alia submitted that a response to the RTI application had been furnished to the appellant vide their letter dated 31.03.2023. He further submitted that the RTI application was forwarded to the CPIO of Jnan Chandra Ghosh Polytechnic institute, West Bengal, so that information may be provided to appellant. When enquired by the Commission as to whether they are regulatory authority of the institute in question or not, the respondent submitted that yes, they are regulatory authority of the institute.
7. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that the information sought by the appellant has not been furnished by the CPIO. The perusal of records further reveals that the information sought pertained to the Jnan Chandra Ghosh Polytechnic institute, West Bengal and the respondent is a regulatory authority of the institute. Therefore, the Commission directs the respondent to collect the record from the concerned record holder and furnish the same to the appellant within 25 days from the date of the receipt of this order, under intimation to the Commission. With these observations and directions, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
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