Central Information Commission
Mrs Anju vs Sant Nirankari Girls Senior Secondary ... on 11 December, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002605+002652/5840
Appeal No. CIC/SG/A/2009/002605+002652
Relevant Facts emerging from the Appeal:
Appellant : Mrs Anju,
100-26, Sant Nirankari Colony,
Delhi- 110009.
Respondent : Ms. Promila Sharma
Public Information Officer & Principal Sant Nirankari Girls Senior Secondary School, Government of National Capital of Delhi, Nirankari Colony, Delhi- 110009.
RTI application filed on : 28/07/2009 PIO replied : 11/09/2009 First appeal filed on : 06/09/2009 First Appellate Authority order : Not enclosed. Second Appeal received on : 20/10/2009 Date of Notice of Hearing : 29/10/2009 Hearing Held On : 11/12/2009 S. No Information Sought Reply of the PIO
1. a) The total money withdrawn from the a) Money has been withdrawn for the last PTA Fund. four years from the PTA fund as per procedure.
b) The money spent on different projects b) The money received from the PTA fund and the nature of the projects. has been spent on pre-determined needs.
2. a) The charges levied from students as late a) No penalty is charged from students for arrival and the way that money is utilized. turning up late.
b) Total money deposited by students as late arrival fees in the last 4 years. b) No
c) The way this money is spent.
c) No.
3. a) The date of employment of Mr Rajan as a) Mr Rajan has been a chowkidar at the a chowkidar. school since 01/01/2008. He was appointed at the behest of Sant Nirankari Committee.
b) "Correct".
b) The work and conduct report of the chowkidar Mr Rajan. c) He has left the job of chowkidar.
c) The status of his job. d) "We are not aware of this".
d) Educational qualification of Mr Rajan.
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4. a) The date of appointment of Ms Kajal a) All of them are not employed. The Sharma, Ms Sunita, Ms Kanchan, Ms employed were appointed by Sant Nirankari Bala, Ms Phhol Kali, Mr Gangadhar and Committee. Smt Phool Kali does not come others. to the school anymore.
b) Educational qualifications of the above b) The educational qualification of these mentioned employees. employees is not available with the office.
5. The date of appointment of Sh Vijay Sh Vijay Kumar is not employed as a Kumar as "Prabandhak" and Mr Radhe "Prabandhak" any more. The Chairman Mr Shyam as Chairman. Radhe Shyam has been employed for the
b) Copy of NOC taken from Govt of last 8 years and he has taken an NOC from India. the Govt of India. The NOC copy is not available in the school.
6. The total students who passed the exams The results of class VIII year 2008-09- from class I to VIII during the year 2008- Total students: 170, Pass: 149, Fail: 21, Pass 09 and the no of students whop failed percentage: 87.6%. during this period. The promotion of students from Class I to VIII is done on the basis of prescribed rules and procedure which includes attendance record.
7. a) The total available playing area for the a) The playing area is 60.50metre *50.70 students in the school. metre.
b) The "khasra" no of the play ground. b) The "khasra" number of the play ground
c) The games that are played by the is 170/2. students in the school. c) The sports which are played in the school include : Volley ball, Kho-kho and Badminton.
First Appeal:
Unsatisfactory information provided by the PIO. Order of the FAA:
Not enclosed.
Ground of the Second Appeal:
Information provided by PIO was unsatisfactory.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Rajan Nirankari on behalf of Mrs Anju; Respondent : Ms. Promila Sharma, Public Information Officer & Principal;
The information has been provided to the Appellant and he has pointed out that there may be some unfair Labour practices. For this he will have to agitate elsewhere. The PIO is directed to give the annual income & expenditure statement of the PPA to the appellant.
Decision:
The Appeal is allowed.
The PIO is directed to give the annual income & expenditure statement of the PPA to the appellant before 20 December 2009.
The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.
Page no. 2 of 3 From the facts before the Commission it is apparent that the PIO is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. It appears that the PIO's actions attract the penal provisions of Section 20 (1). A show cause notice is being issued to her, and she is directed give her reasons to the Commission to show cause why penalty should not be levied on her.
She will give her written submissions showing cause why penalty should not be imposed on her as mandated under Section 20 (1) before 30 December, 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 11 December 2009 (In any correspondence on this decision, mention the complete decision number.) Page no. 3 of 3