PIO: An appropriate reply was sent to the appellant vide letter dated 28.09.2018 and FAA order dated 02.11.2018 - CIC: The despatch proof of the reply dated 28.09.2018 is essential, as the appellant contested the receipt of the reply, resend the same
3 Nov, 2019Information Sought:
The appellant has sought the following information pertaining to Shyama Prasad Mukherjee (SPM) College:
1. Name and designation of the non-teaching staff recruited during 2017.
2. Details of the appointment made to the post of Semi-Professional Assistant.
3. Age limit/educational qualification required for the post of Semi Professional Assistant and what was the age limit prescribed at the time of appointment.
4. And other related information. Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he had not yet received any reply from the CPIO. The CPIO submitted that an appropriate reply was sent to the appellant vide letter dated 28.09.2018. He further submitted that the FAA disposed of the first appeal vide order dated 02.11.2018. The appellant contended that no such reply was received. He pressed for the despatch proof of the reply dated 28.09.2018. The CPIO could produce the despatch proof relating only to the FAA order dated 02.11.2018.
Observations:
Based on a perusal of the reply, it is noted that an apt reply was given to the appellant. The CPIO reply and the FAA order were taken on record during the hearing as these were not on the Commission’s record. However, the despatch proof of the reply dated 28.09.2018 is essential, as the appellant contested the receipt of the reply the same therefore needs to be resent.
Decision:
In view of the above, the CPIO is directed to resend a copy of the reply dated 28.09.2018 and the FAA order dated 02.11.2018 via speed post to the appellant alongwith the despatch proof of the letter dated 28.09.2018, within 7 days from the date of receipt of the order.
The appeal is disposed of accordingly
Vanaja N. Sarna
Information Commissioner
Citation: Vipin Kumar v. Central Public Information Officer/ Principal Shyama Prasad Mukherjee College in Decision no.: CIC/UODEL/A/2018/174730/02017, Date of Decision: 31/10/2019