Penalty under Section 20(1) of RTI

Central Information Commission

Appeal: No. CIC/OK/C/2006/00042
Dated, the 28th July, 2006

Name of the Appellant: Shri Asgar Khan, AIMSC
B-11, IIIrd Floor, Bhaskar Compound Abul Fazal Enclave, Okhla New Delhi – 110025

Name of the Public Authority: Jamia Hamdard University Hamdard Nagar, New Delhi – 110062

ORDER

WHEREAS this Commission by its Order dated 3rd July, 2006 directed the Registrar, Jamia Hamdard University, to explain the reasons as to why penal action under Section 20 should not be taken against him for denial of information to Shri Asgar Khan leading to his filing of a complaint with the Commission on 18th February, 2006;
WHEREAS his explanation was to reach this Commission within 21 days of the issue of the Order dated 3rd July, 2006;
WHEREAS the Registrar, Prof. Akhtar Majeed, affirmed before the Commission that he was competent to give reply/information on behalf of the University by virtue of the Memorandum of Association and Rules & Regulations of Jamia Hamdard University, adopted in 1989;
WHEREAS the Commission is of the opinion that he had denied the Appellant the information;

WHEREAS the Registrar failed to appear before the Commission on the date of hearing i.e. 24th July, 2006;

WHEREAS the Registrar did not make any request to the Commission seeking exemption from appearance on the date of hearing; and

WHEREAS the Commission has come to the conclusion that it is a fit case for imposition of penalty under Section 20(1) of the Right to Information Act,2005 and a minimum delay of 55 (fifty-five) days has occurred from 6th May,2006 to 30th June, 2006 despite the Commission directions issued on 17.4.2006;
and
NOW the Commission imposes a penalty of Rs.13,750/- (rupees thirteen thousand seven hundred fifty) on Prof. Akhtar Majeed, Registrar, Jamia Hamdard, New Delhi.
The Commission further authorises and requests the Vice Chancellor,Jamia Hamdard, New Delhi to cause the recovery of the amount of penalty from the salary of Prof. Akhtar Majeed and remit the amount by Demand Draft/Banker’s Cheque drawn in favour of Pay & Accounts Officer, DP&AR,payable at New Delhi, to Shri Pankaj K.P. Shreyaskar, Assistant Registrar,Central information Commission, 4th Floor, Block No. IV, Old J.N.U. Campus,New Delhi – 110067, by 15th September, 2006

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Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy :
Sd/-
( L.C. Singhi )
Additional Registrar
CC:
1. Dr. S. Ahmad, Vice Chancellor, Jamia Hamdard University, Hamdard
Nagar, New Delhi – 110062.
2. Prof. Akhtar Majeed, Registrar, Jamia Hamdard University, Hamdard
Nagar, New Delhi – 110062.
3. Shri Pankaj K.P. Shreyaskar, Assistant Registrar, Central information
Commission, 4th Floor, Block No. IV, Old J.N.U. Campus, New Delhi –
110067.
4. Officer Incharge, NIC.
5. Press E Group, CIC.

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