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- Decision No. CIC/YA/A/2014/001939/SB Dated 09.09.2016 Appellant
- Date of Hearing
- O R D E R 1.
CIC/YA/A/2014/001939/SB
Page 1 CENTRAL INFORMATION COMMISSION 2 nd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 Decision No. CIC/YA/A/2014/001939/SB Dated 09.09.2016 Appellant : Shri Gurbaksh Singh, Kothi No.33, Phase III B 1, SAS Nagar, Mohali, Punjab-160 059. Respondent
:
Central Public Information Officer/ Central Information Commission, 2 nd Floor, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110 066.
09.09.2016 Relevant dates emerging from the appeal:
RTI application filed on : 08.03.2014 CPIO’s reply
: 28.03.2014 First Appeal filed on
: 26.04.2014 FAA’s order
11.06.2014 Second appeal filed on : 18.07.2014
1. Shri Gurbaksh Singh filed an application dated 08.03.2014 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO),
Central Information Commission (CIC) seeking information pertaining to powers/jurisdiction of CIC over the Punjab University under the RTI Act. 2. The appellant filed a second appeal dated 18.07.2014 on the grounds that he is not satisfied with reply of the CPIO. The appellant further submitted that the order of the First Appellate Authority (FAA) was not consistent with the facts. CIC/YA/A/2014/001939/SB
Page 2
The appellant Shri Gurbaksh Singh and the respondents Shri S.P. Beck, Joint Secretary (Admin and RTI), CIC and Shri Ashok Kumar Sharma, CPIO (RTI), CIC were present in person.
The appellant submitted that the information sought has not been provided to him by the respondent on the ground that no information is available on record. The appellant drew the attention of the Commission to an earlier order of the Commission (CIC/DS/A/2011/001837 dated 17.11.2011) wherein the stand taken by the CPIO, Punjab University that information cannot be provided under the provisions of the Section 9 of the RTI Act was upheld. The appellant further submitted that on the one hand the FAA has mentioned in his order dated 11.06.2014 that the Hon’ble Supreme Court decided that Punjab University is a State University and the FAA has no jurisdiction over the matter on the other, the Commission has passed an order CIC/DS/A/2011/001837 dated 17.11.2011 treating Punjab University as a Public Authority and exercising jurisdiction over it. The appellant further submitted that the said order passed by the CIC is not correct and against the principles of territorial jurisdiction as CIC has no jurisdiction to decide matters related to Panjab University, Chandigarh being a State University, which should have been adjudicated by the SIC concerned.
The respondent submitted that information as per available records has been provided to the appellant vide letter dated 28.03.2014. The respondent further submitted that the FAA, CIC vide his order dated 11.06.2014 had informed the appellant that FAA has got no jurisdiction over the matter and the decision of the Commission, being quasi-judicial in nature, cannot be commented upon by either the CPIO or the FAA. CIC/YA/A/2014/001939/SB
Page 3 Decision: 6. The Commission, after hearing both the parties and perusing the records, observes that there are no grounds to interfere with the order of the FAA. Hence, no further action is required in the matter.
With the above observations, the appeal is disposed of.
Copy of the decision be provided to both the parties free of cost.
Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer Download 22.91 Kb. Do'stlaringiz bilan baham: |
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