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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.
CENTRAL INFORMATION COMMISSION
Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi-110066
Decision No. CIC/YA/A/2014/001939/SB
Shri Gurbaksh Singh,
Kothi No.33, Phase III B 1,
SAS Nagar, Mohali, Punjab-160 059.
Central Public Information Officer/
Central Information Commission,
Floor, B-Wing, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi-110 066.
Relevant dates emerging from the appeal:
RTI application filed on
First Appeal filed on
Second appeal filed on
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
seeking information pertaining to powers/jurisdiction of CIC over the Punjab
University under the RTI Act.
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.
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.
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.
Authenticated true copy
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