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Mumbai: Kandivali college says 'no' to info under RTI, fined Rs 1.5 lakhs by panel

The order was given on six applications that were taken up by the commission. In each appeal, the maximum penalty amount under RTI of Rs 25,000 was imposed

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BalBharati-run Maghanmal J Pancholia College of Commerce, Kandivali
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The state information commission (SIC) has levied a penalty of Rs 1.5 lakhs on BalBharti's MJ Pancholia College of Commerce after an applicant was not provided with information. The commission directed the Joint Director, higher education, Mumbai Region to determine the officer from whose salary the penalty amount is to be deducted, failing to which the penalty amount should be deducted from the salary grant of the college.

The order was given on six applications that were taken up by the commission. In each appeal, the maximum penalty amount under RTI of Rs 25,000 was imposed. The order dated September 13, 2019, was given by SIC chief, Sumit Mullick on application by Dr Bhaskar Trivedi.

"In his six applications, we had sought some details related to TY B.Com, students and teachers," said Trivedi's advocate Naseer Jahagirdar. "I had sought information because there is a case I am fighting and I wanted details for same. I was principal and I am under suspension for the last six years," said Trivedi.

As per commission order, the application did not get information and the public information officer (PIO) denied the same citing section of RTI which exempts information stating that it would impede the process of investigation.

A letter to the commission stated that only the 'aided' section of the college managed by BalBharati, receives grants from the state. The Commission stated that the letter was written with "mischievous intent" for not providing information legally sought by the applicant. It held that the college falls within the RTI ambit.

"The present order seems to be against certain PIO, and most importantly, Office of the Joint Director Higher Education, GoM. I have not seen or read the said order so it will be inappropriate for me as the President and Trustee to give reactions on behalf of the two. If the order is against BalBharati or BalBharati College, then I can say that, the SIC may have gravely erred in this order because present order directly contradicts SIC's previous order related to BalBharati in which SIC has observed, "merely the fact that an institution receives grant does not make it a public authority"," said Hemang Tanna, president, trustee BalBharti.

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