cpc

information available with fee regulatory committee


I had applied to Fee Regulatory Committee for information regarding salary of the teaching staff of a private degree engineering college I served for more than 11 years as professor. The purpose, non-payment of 6th CPC implementation arrears under the reason of insufficient fee-hike, as argued by the Management.

I requested the Fee Regulatory Committee to provide the information regarding projected salary expenditure (as per AICTE norms) v/s actual salary expenditure from Academic Year 2010-11 to 2015-16, to prove that there is huge savings in salary expenditure compared to projected salary expenditure due to insufficient and less qualified staff employed by the College.

The Fee Regulatory Committee invoked Section 11 of RTI Act and asked the College for permission to disclose the information, treating it as Third Party Information.  

Was it really necessary for Fee Regulatory Committee to ask for permission from College? Naturally, College denied!

The College is unaided self-financed institute run by private management, registered with Charity Commissioner as a charity trust. At the same time, College is affiliated and governed by the rules and regulations of a recognized State University, approved by AICTE as per the norms.

As I understand, the information supplied to Fee Regulatory Committee by such College can be disclosed to me under RTI, as Fee Regulatory Committee is a Government body. The College, being unaided private institute, will not disclose because College does not want to pay arrears despite of fee hikes granted by Fee Regulatory Committee. In fact, the Fee Regulatory Committee should take action against the College for non-payment of arrears. Instead, I feel, it is protecting College!

Can one suggest the way to get the information I want? Will an Appeal help to get the information? 

 
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CEO

Yes! An Appeal might serve your purpose.All Government Authorities are mandated to provide necessary information to RTI queriests transparently and they are accountable to the public.If you  appreciate this answer please give me a like on my profile.


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Retired employee.

The only remedy is going for first and second appeal to SIC.  The information must be provided to you, as the information is not personal in nature.  There is no invasion on privacy of any persons and that information if on record has to be provided.  But if the information is readily available on record with that public authority with whom you have applied (Projections) it has to be provided.  However Sec.11 is not absolute.  The PIO has to take a decision, as it involves larger public interest of faculty's arrears, and Sec.11 is a mere formality and PIO need not take that objections into considerations, and he has to make his own discretion.  During first appeal, seek personal hearing also.

If you wanted more details visit any forum dedicated to RTI alone (Ex.RTI india.org)


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Lawyer in Hyderabad.wats app no.9989324294

section―11. Third party information.-sub section-(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose anyinformation or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:


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Retired employee.

Please go through underlined wording.in Sec.11 and third party opinion is never final.

has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer 
invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:

.Third party will never provide that information marking it as confidential. Further if the information is concerned to larger public interest, no exemptions apply to that information under RTI. 

 


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Advocate

Yes, file the Appeal as provided under the RTI Act.


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Many many thanks to the Experts for the kind advice. I am proceeding to file appeal. As rightly mentioned in the Section 11, " if the information is concerned to larger public interest, no exemptions apply to that information under RTI. "

This is going to benifit almost 300 employes of the Institute as well same may be benifitial to hundreds of the staff of such Institutes.  

Thanks again for the kind guidance.
 

 
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