Goa University decides to provide Copies of answerbooks under RTI Act and that too without any conditions attached!!!

Today on 15th April 2014 the Goa University has decided to give Copies of answer books to the students  under RTI Act and that too to "take away", not like what they used to do earlier that a condition was put to specify the reason for applying for copies of answer books as for inspection only/perusal only.And students were not allowed to take with them copies of their answerbooks.

The earlier rule made by the Academic Council of the Goa University that "The photocopies of answer
books shall not be available under RTI Act" and also the rule asking the students to specify the reason as to "perusal only" on the application under the university rules is also on the way of being technically removed from the circular by the Academic Council.

This move by the Public Information Officer of Goa university will allow the students of all the Colleges under the Goa University to get copies of their answerbooks without any conditions attached.

This decision came in view of the First Appeal filed under RTI Act by a First Year Law Student of V.M Salgaonkar College of Law,Miramar for initial refusal to provide copies of answebooks by the Goa university.

The contents of the first Appeal are as follows:

To,

The First Appellate Authority,

Prof.N.S.Bhat,

Head, Department of History,

Goa University

Sub: First Appeal under Right to information Act 2005

Sir

I had made an application to the PIO/Asst. Registrar Shri.S.S Figueiredo dated 21/02/2014 for information under RTI Act 2005.

The Public Information Officer/Asst.Registrar Shri.S.S Figueiredo has malafidely refused to provide the certified copies. The PIO/ Shri.S.S Figueiredo has not claimed any exemption under RTI Act 2005 to refuse the requested information. Hence the PIO/ Shri.S.S Figueiredo is bound to provide the requested information.Instead the PIO/ Shri.S.S Figueiredo is asking me to specify reason for asking photocopies as perusal only as per the circular dated 20/05/2011.

Even otherwise the Judgment of the Honorable Supreme Court of India in CWP of 2011 titled CBSE & Another Vs Aditya Bandopadhyay and Others was explicitly brought to the notice of the PIO. Inspite of that Shri.S.S Figueiredo with a deliberate intention to dis respect the Honorable Supreme Court of India advanced the reason for refusing information as the Point No.6 and Point No. 9 of the Circular dated 20/5/2011 issued by Registrar of Goa University Professor V.P Kamat which says that Photocopies of answerbooks shall not be available under RTI Act,and that only inspection/perusal of answerbooks is permited under circular.

Shri.S.S Figueiredo  have without any fear shown disobedience and disrespect to the highest court of law  of this Country by opposing and defying the authority, justice, and dignity of the Supreme court of India. His behavior has manifested in willful disregard of or disrespect for the authority of supreme court of india, Unless the PIO is illiterate and have not understood the supreme courts judgment. The First appellate authority is requested to verify whether the PIO is illiterate and incapable of understanding English.

As the PIO has willfully refused to comply with the judgment of the honorable supreme court of india he is liable for punishment of imprisonment under section 12 of the contempt of courts act.

The definition of contempt is given in section 2(b) of the Contempt of court Act 1971:

            “2(b)   “civil contempt” means willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court;”

The first appellate authority is also made aware of a case where a senior IAS  officer after having been found guilty of contempt for deliberately not implementing the order of the Supreme Court was sentenced to simple imprisonment for a period of one month, the court observed that, if the order of even the highest court of the land is allowed to be willfully disobeyed and a person found guilty of contempt is let off by remitting the sentence on plea of mercy, that would send wrong signals to everybody in the country.—J Vasudavan v. T.R. Dhananjaya 1995 (6) SCC 249.

Further in view of the judgment in K.P. Isar & Sons (P) Ltd. V. K. Prathydhanan 1992 Cr LJ 2587, Shri.S.S Figueiredo will not be entitled to make an apology to the Supreme court of India as in the said judgment it is held that apology must be such as serving a large purpose, as a deterrent to those who treat the orders of the court with callous disregard or indifference.  The ritualistic and formal apology in affidavit is not sufficient.

The PIO/ Shri.S.S Figueiredo be given an opportunity to convey his inability to abide by the Right to Information Act if any and he may also request the Government to relieve him of the duties and responsibilities of Public Information Officer so that government may appoint some other competent officer as Public Information Officer capable of deciding against the Circular issued by Professor V.P Kamat,the Registrar of Goa University.

In view of the above it is prayed that:

1. Directions be issued to the PIO/ Shri.S.S Figueiredo to provide the information requested in my application dated 21/02/2014 without any further delay,as requested and not for just perusal.

2. The PIO/ Shri.S.S Figueiredo be immediately terminated from service for violation of the order of the Hon’ble Supreme Court of India.

3. Fines be imposed on the PIO/ Shri.S.S Figueiredo for delay in providing the information.

4. Directions be issued to the PIO/ Shri.S.S Figueiredo  to pay a Compensation of Rs 25000/- to the applicant for delay in providing the information.

5. Disciplinary Proceedings be initiated against the PIO/ Shri.S.S Figueiredo for willful contempt of Hon’ble Supreme Court of India as he is well aware that as per Hon’ble Supreme Court Order Certified copies of answerbooks have to provided under RTI Act.

Thanking You,

(XXXXXX)