Public authorities under the RTI Act are only required to provide existing information and are not obligated to answer speculative queries.

Hon’ble Commissioner _ANANDI RAMALINGAM O R D E R

1. The Appellant filed an RTI application dated 23.05.2024 seeking information on the following points:

A. Pay Protection Rules:

1. Please provide details of any existing pay protection rules or policies applicable to non-teaching staff members of Jawaharlal Nehru University (JNU).

2. Kindly furnish any official documents, circulars, or notifications that outline the pay protection rules or policies implemented by JNU for its non-teaching staff members.

B. Recruitment Rules (2021-22 to Present):

1. I request information regarding the recruitment rules and procedures followed by Jawaharlal Nehru University for the period from the academic year 2021-22 to the present date.

2. Please provide copies of any updated or revised recruitment rules, guidelines, or policies issued by JNU during the specified period.

C. Till date how many non-teaching staff members have availed pay protection (if any) who have come from central government to Jawaharlal Nehru University (JNU) and also please furnish the list with designation of the non-

teaching staff members for the same.

2. The CPIO replied vide letter dated 21.06.2024 and the same is reproduced as under :-

A. University follows DoPT rules for Pay Protection.

B. The applicant may visit JNU website www.jnu.ac.in RTI link for the information.

C. Information sought not available in the desired format.

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.06.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 23.07.2024 stated as under: -

“In regard to your RTI Appeal received online dated 23.06.2024, it is informed that the FAA has sought comments/reply of the concerned CPIOs on the RTI Appeal in connection with your online RTI Application dated 23.05.2024. The comments of the CPIOs are as follows:

Reply to Query A: available information has already sent to the applicant on 21.06.2024 i.e. University follows DoPT rules for Pay Protection. For more details you may visit: https://dopt.gov.in/sites/default/files/Pay%20Protection%20-

%20Information%20document.pdf DoPT link for Pay Protection Reply to Query C: Information sought not available in the desired format.”

4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 04.08.2024.

5. The appellant’s representative L S Singh and on behalf of the respondent B.S Meena Dy. Registrar (CPIO) attended the hearing in person.

6. The appellant inter alia submitted that the respondent authority is under an obligation to maintain the data regarding staff members who have availed pay protection. Therefore, the reply given by the CPIO is self-contradictory since on one hand they have confirmed that DoPT rules regarding pay protection are being followed, and on the other hand, the data in relation to cases wherein the same has been followed in not maintained by the respondent authority.

7. The respondent while defending their case inter alia submitted that the queries raised by the appellant are speculative in nature and no consolidated data, as indicated in the RTI application, is maintained by them in due course of operations. Moreover, compilation of such data would involve huge manpower and resources, hence the information was denied under Section 7 (9) of the RTI Act.

8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the information sought for by the Appellant does not strictly conform to Section 2 (f) of the RTI Act as he has sought for clarifications to speculative q