Central Information Commission
Mrs. Amrit Pahuja vs Govt. Of Nct Of Delhi, Office Of The Dy. ... on 20 February, 2009
CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
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New Delhi -110 067
Tel: + 91 11 26161796
Decision No. CIC /SG/A/2008/000019/1870
Appeal No. CIC/SG/A/2008/000019
Relevant Facts emerging from the Appeal
Appellant : Mrs. Amrit Pahuja,
House No.454, Vikas Puri,
New Delhi -110035.
Respondent 1 : Mr. Daljeet Kaur,
DDE(WB) & PIO, Govt. of NCT of Delhi.
Office of the Dy. Director of Education, Distt. West-B, G Block, Vikas Puri, New Delhi.
RTI application filed on : 18/03/2008 PIO replied : 22/05/2008 First appeal filed on : Date not mentioned. First Appellate Authority order : 03/07/2008 Second Appeal filed on : 07/10/2008
The appellant had asked in RTI application regarding to selection of Principal of Rashtriya Virjan and Andh Kanya Vidyalaya, J-Block, outer ring road, Vikas Puri, New Delhi and its connected matters leading to selection process of the Post during the year 2004.
Detail of required information:-
1. That the appellant has been working in the aforesaid Vidyalya as Librarian for the last 40 years. She has also been teaching secondary classes and has been performing the duties of PGT teacher and Principal beside working as Head of the Institution and in-charge of the School on a number of occasions and she has completed more then 10 years as Post Graduate teacher.
2. That during the entire period of 40 yrs. of her unblemished service. No promotion has been given to me. As per general principals of law and also held by the Hon'ble High Court and Supreme Court of India, at least two promotions are to be given to each employee in any institution. However, this has been intentionally and willfully not implemented and has been ignored by the Manager and the Management of the school.
3. That there is provision in the rules of the school that promotion be granted to the entire staff/teachers and in case relaxation is required in the rule, this may be done keeping in view the minimum qualification and other conditions required for appointment to the post. That all these provisions have been violated by the Manager and management of the aforesaid school and it is necessary that following information may to be given with reference to the post of Principal:-
(i). A copy of all the rules framed in this regard for promotion of the teachers and other employees in the aforesaid school and the procedure in the event no candidate is available for appointment to the post of Principal and other posts in the school.
(ii). A copy of the rules, governing constitution of the DPC for the post of Principal of the school and name / designation of members with their qualification and experience for the purpose and also the periodicity for convening the meeting of the DPC.
(iii). A copy of all my ACR's may be given for the preceding 15 years.
(iv). A copy of minutes of the meeting duly attested by the responsible officer of the school, at the time of DPC or otherwise selecting the candidates for the post of Principal in the preceding 15 years.
(v). The constitution of the managing committee and name of the members of committee with the tenure during which the managing committee have been working in the preceding 15 years and with their qualification and relationship with the teachers working in the school.
(vi). A copy of Rules and Regulations governing the power of the Director of the Education of the NCT, Delhi and the provision for delegation of power of the Director and how many officers of the education department are required to attend the meeting of the managing committee of the school and in case any officer who had attended the meeting. Copies of the minutes of all such meetings wherein the officers participated in the meetings and in case any remarks have been given adverse to the managing committee. How the objections have been dealt with.
(vii). The details of the teachers of the school with their qualifications and experience who are eligible are promotion to the Higher Post/Principal and how many teachers have been promoted from the date of starting of the institution, with their complete details.
The PIO replied.
With reference to your application submitted under RTI Act, 2005. In ACT Branch Directorate of Education Old Sectt. And received in district on 01/05/2008 vide their office letter no. DE/15/Act/RTI/ID-1309/2008/3284 dated 28/04/2008; I am to inform you that as the information asked for in the above said application pertains to promotion mater are already pending in the court, in the information asked for can not be supplied.
The First Appellate Authority ordered:
"The appellant had filed the appeal on the grounds that she had not been provided the desired information.
The appellant was present in person. The matter was heard. During the course of hearing it was found that the demanded information pertained to Rashtriya Virjanand Andh Kanya Vidyalya, J Block, outer ring road, Vikas Puri New Delhi. (Govt. Aided School).
As per Director of Education order No. DR/RTI/Misc/2008/4449-79 dt. 08/04/2008 "Since all aided schools are covered under sec 20(h)(d) of the RTI Act, 2005 being separate public authorities, all information in respect to aided school shall be provided by the PIO of the concerned school end First Appeal shall be disposed off by the First Appellate Authority for the concerned school. In pursuance of DE's order dt. 08/04/2008 the appeal case of Smt. Amtit Pahuja is being forwarded to the school authorities for further adjudication and the appellant was advised to approach the school authorities for further disposal of her appeal."
Relevant Facts emerging during Hearing:
The following were present Appellant: Mrs. Amrit Pahuja Respondent: Ms. Chand Sarna PIO Mr. H.K.Pandey on behalf of Ms. Daljeet Kaur PIO The answers to queries (i) to (v) will be provided by the PIO Ms. Chand Sarna PIO of the school.
The answer to query (vi) will be provided by the PIO of Decision:
The appeal is allowed.
The two PIOs will provide the information described above to the appellant before 5 March 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 20th February 2009 (For any further correspondence, please mention the decision number for a quick disposal)