ORDER

1. The Complainant filed an RTI application dated 05.04.2023 seeking information on the following points:

(i) Please provide previous year question papers along with answer key, exam pattern and weightage scheme, of all the exams held between the years 2003 to 2022, for the recruitment to the post of Assistant Registrar in BHU.

(ii) Please provide exam pattern and weightage of the recruitment exam that will be held for the recruitment to the post of Assistant Registrar advertised vide advertisement no. 10/2022-2023 dated 04.04.2023.

(iii) Please provide syllabus of the recruitment exam that will be held for the recruitment to the post of Assistant Registrar advertised vide advertisement no. 10/2022-

2023dated 04.04.2023.

2. The CPIO replied on 06.05.2023 and the same is reproduced as under: “It is to inform that the question papers as available in this office is in hard copy as 39 pages, which is being provided herewith. Answer key is not available in the record of RAC. ii. It is to inform that the desired information is available in the concerned advertisement which is available on University website www.bhu.ac.in/rac. That CPIO can only provide such information is required to be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. The CPIO is not supposed to create information or to interpret information or to solve problems, raised by the applicants or to furnish replies to hypothetical queries. iii. It is to inform that the desired information is not available in the Recruitment and Assessment Cell as yet. As and when it will be available, the same may be uploaded or informed on University website www.bhu.ac.in/rac.”

3. However, the CPIO’s reply was not delivered to the appellant on account of incorrect address. Having not received the reply, the Complainant filed a First Appeal dated 10.06.2023 alleging that no reply was given by the CPIO. The FAA vide order dated 12.06.2023 held as under:

“After going through the facts & records, it is observed that CPIO has sent the desired information along with enclosures to the appellant as per provision of RTI Act, 2005 by Registered Post. But the letter has been returned by the post office due to an incomplete address. Hence the CPIO is instructed to send the scanned copy of desired information in respect of point No. 2 & 3 along with enclosures to the appellant through email.”

4. Aggrieved with the FAA’s order, the Complainant approached the Commission with the instant Complaint dated nil.

5. The Complainant remained absent and on behalf of the respondent Shri Pramod Kumar Jha, Assistant Registrar and Shri Rakesh Kumar Srivastav, Section Officer, attended the hearing through video conference.

6. The respondent while defending their case inter alia submitted that it was not the case that the erstwhile CPIO had not replied to the complainant. They had replied on

06.05.2023, however, the same was returned undelivered due to insufficient address. The CPIO further stated that in compliance of the FAA’s directions, they again sent the scanned copies of question papers sought in the RTI application through e-mail. On receipt of the hearing notice, they had uploaded copy of their reply dated 06.05.2023 along with the enclosures on the Commission’s web portal on 28.06.2024.

7. the commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that the requisite information was sent by the cpio on 06.05.2023. however, the same was returned undelivered due to insufficient address. it may be noted that the respondent had sent the information to the complainant again through e-mail, in compliance with the directions of the faa. that being so, no mala fide is attributable to the cpio. further, in the absence of the complainant or any written objection, the averments made by the respondent are taken on record. accordingly, the complaint is clo