CIC: Spending Rs 35/- for speed post to seek Rs 10/- is a reckless act - CIC: University has a moral & legal responsibility to provide complete information to the father whose son died in mysterious circumstances; Compensation of Rs. 5,000/- granted
11 Jan, 2017Father of a 2nd semester M.Sc student who reportedly committed suicide sought certain information about the enquiry - CIC: Spending Rs 35/- for speed post to seek Rs 10/- is a reckless act and wastage of public money without application of mind - CIC: University has a moral & legal responsibility to provide complete information to the father whose son has left to heavenly abode in mysterious circumstances; Compensation of Rs. 5,000/- granted; Show-cause notice issued to PIO why maximum penalty should not be imposed on him for this kind of inhumane treatment to the appellant by not providing the complete information. CIC recommended to the respondent authority to expedite the enquiry and provide the copy of the report to the appellant besides initiating necessary steps to prevent such tragic happenings in the University
FACTS:
2. The appellant filed RTI application seeking information about FIR regarding injuries caused to Mr. Bimal Kumar due to falling from the terrace and witnesses thereof. CPIO provided reply on 27.01.2016. The appellant approached this Commission.
Decision :
3. The appellant is the father of Mr. Vimal Kumar Chaudhary who was pursuing his 2nd semester in M.Sc during the academic year 2014-15. Unfortunately, Mr. Vimal Kumar reportedly committed suicide. The University filed an FIR that Mr. Vimal Kumar died due to injuries caused by jumping from the top floor of the hostel. His father filed an RTI application raising certain important questions about the tragic incident. The CPIO gave some information. Then in the first appeal Mr. K.V.S. Kameshwara Rao, Registrar and the Appellate Authority furnished some more information. Appellant’s father felt the information provided was incomplete and he also complained that although first appellate authority directed to furnish some more information, the concerned CPIO had not acceded to. The Commission opines that the University has a moral and legal responsibility to provide complete information to the father whose son has left to heavenly abode in mysterious circumstances. It is surprising that the University has appointed an enquiry committee on 27.06.2015 one year after the incident of death on 05.06.2015 and the enquiry has not been completed till date. Mr. Hari Singh stated that he gave around 70+65 pages of information in his earlier replies to 2 RTI applications of the same appellant. He says that the appellant was satisfied by the information that he received in one of the cases filed by him.
4. Mr. Hari Singh Paryar says he demanded Rs. 10/- by spending Rs. 35/- in writing the letter by Speed-post to the appellant. The Commission finds this as a reckless act and wastage of public money without application of mind. It is inhumane for the University to dodge the enquiry for more than a year and a half and denying the information to the father of the deceased student. The CPIO is not in a position to say anything about the delay in constituting the enquiry committee and also the delay in its proceedings. He also does not know whether the appellant was given a chance to participate in the enquiry or not. The Commission directs the respondent authority to pay compensation of Rs. 5,000/- (Rupees Five Thousand only) to the appellant for harassing him for not providing complete information and causing serious delay in enquiry because of which he is still not in a position to know any whereabouts about his son’s death. The Commission directs Mr. Hari Singh Paryar to show-cause why maximum penalty should not be imposed on him for this kind of inhumane treatment to the appellant by not providing the complete information, before 30.01.2017.
5. The Commission also recommends the respondent authority to expedite the enquiry and provide the copy of the report to the appellant besides initiating necessary steps to prevent such tragic happenings in the University. The case is posted on 30.01.2017 at 2:30 PM for penalty proceedings.
SD
(M. Sridhar Acharyulu)
Central Information Commissioner
Citation: Ramkumar Jaat v. PIO, Central University of Rajasthan in CIC/SA/A/2016/001180