Central Information Commission
Amitkumar Vanrajbhai Naik vs Ministry Of Youth Affairs & Sports on 15 September, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के यसच
ू नाआयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No: CIC/MOYAS/C/2022/143011
CIC/MOYAS/C/2022/139359
CIC/MOYAS/C/2022/143074
Amitkumar Vanrajbhai Dhirubhai Gulabbhai Naik ...िशकायतकता /Complainant
VERSUS
बनाम
CPIO,
Ministry of Youth Affairs and Sports,
401, C-wing, Shastri Bhawan,
New Delhi - 110001. .... ितवादीगण/Respondent
Date of Hearing : 14/09/2023
Date of Decision : 14/09/2023
INFORMATION COMMISSIONER : Saroj Punhani
Note - The above-mentioned Appeal/complaint have been clubbed together for
decision as these are based on a copy of the same RTI Application.
Relevant facts emerging from complaint:
RTI application filed on : 05/05/2022-18/06/2022
CPIO replied on : Not on record
First appeal filed on : Not on record
First Appellate Authority order : Not on record
Complaint dated : NIL
1
Information sought:
The Complainant filed an RTI application dated 05.05.2022 seeking the following information:
1. " Educational qualification of each employee of the office who worked since 1.1.2015 till date.
2. Details of department vehicles for commutation. relevant document with the kilometers all the vehicles of the department move per day, average of the vehicle, a copy of P.U.C, license, third Party insurance, fitness certificate, entry of peon book, GPS record of 5 years:
3. Information whether department has been using covid kit for the staff, visitors and the students or not. If yes, kindly provide me the relevant documents and photo.
4. Copies of fitness certificate of all the employees of the department presently working.
5. Copy of rules for maximum time for teaching for 6 to 16 years' children. If done for more time, rule for punishment.
6. Copy of rule for minimum qualification for each Art in India i.e. music, classical dance, western Dance, chess, karate, taekwondo, judo, Art and craft and others.
7. All the letters of the department sent and received since 2015 to March 2022.
8. Copy of letters/ e- mails sent to each Bal Bhavans of India regarding informing of rules for children, If not, state the reason.
9. Provide copy of each rule for primary and secondary school children for education, hostel, hygiene, safety measures, prohibition of liquor selling, tobacco selling, beating etc. standards in hard copy.2
10. Information if the employees of the department are allowed to use P.C and internet, charge personal belongings from government electricity for personal use. If yes, please provide relevant document.
11. Browsing history of all the P.Cs and dongle and of the department during duty hours during the Year 2010 to 2021.
12. Call records, messages, social activities, done, internet browsing history of cellular phone and location of all the employees during 2010 to 2020 during duty hours.
13. Soft copy of CCTV. Footage of all the cameras of the department as old as possible in disc.
14. E-mails of including sent and received mails of departments and each employees' personal account and call records of the W.L.L, phone of the department during 2010 to 2021.
15. Inspection done to each school for checking government standards since 2019, if not, reason for negligence.
16. If any contractual employee has been allowed to work in other institute as visiting faculty or can do any other job. If yes, please provide certified copy of the document.
17. Notice issued and put on notice board for selection process for any inter school or any open or other activity since 2010 till date.
18. Linguistic proficiency of each employee of the N.C.E.R.T with certified copies of educational certificate.
19. Provide undertaking/Information: If each school of the district has been following G.O.I guideline for not having liquor shop, cigarette selling shop in 100 metre radius of the institute.
20. Programme done on Self defense by each school in Daman, diu and D.N.P in last 5 years as guided by the govt. of India.3
21. Undertaking of HOD NCERT that each government, semi government and private school of Daman Diu and D.N.H, UT have all criteria's of NCERT. Have been followed since 2015.
22. Rules for minimum qualification for the teachers in government, semi government and private schools, provide undertaking that each school has been following guidelines as per the norms.
23. Inspections done in each Bal Bhavan, School of Dman, Diu and D.NIL, UT. For assuring all standards bing followed during last 10 years by your department.
24. Copy of rules for provision for toilet, bathroom, water, hygiene for the Principals and teachers.
25. Copy of rule if the teachers of government are allowed to use cellular phone during duty hours.
26. Provide criteria/Rule for filing legal case for teachers taking less number of classes, classes for less time, name and authority to appeal such inquiry in deep.
27. Reason to neglect my R.T.I. sent in December 2021, state the reason in written duly signed by H.O.D.
28. Provide undertaking that each employee was recruited on merit and no reservation benefit was given in N.CE.R.T. Since 2010.
29. Reason to neglect my R.T.I. and other letters during 2020 ND 2021, dates forgotten which may kindly be considered for serious matters delaying P.I.L.
30. Provide copy of survey done for awarding certificate to Miss Nikita Udeshi for services in Daman and diu, provide certified copy of comparisons done with other female karate and other coaches from Dman, Diu and D.N.H.
31. Name and address of the authority to file legal case of partiality to award certificate without proper survey and neglecting implementation of training of self defense as guided by Government of India.4
Feeling aggrieved with the non-receipt of any reply, the complainant approached the Commission with the instant Complaint.
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Not present.
Respondent: Neelam Arora, US & CPIO present in person.
The CPIO invited the attention of the bench to her written submissions dated 11.09.2023 stating as under:
"It is stated that One EMO No.030343887127807010 dated 10.07.2023 was received from the applicant without any RTI Application. In response, RTI Section called (Shri AmitKumar Vanrajbhai Naik, Mob. No.992400972) the applicant on which he replied that he will send the RTI application as soon as possible but no RTI application was received in the RTI Section/Ministry. CR Section of MoYAS was also stated that neither RTI applications nor the first appeals have been received in the Ministry of Youth Affairs and Sports."
Decision The Commission based on a perusal of the facts on record finds it unnerving to note that the Respondent office did not receive the instant RTI Application despite the three alleged attempts made by the Complainant as mentioned in his Complaint memo. However, in the absence of any further material on record as well as the absence of the Complainant to supplement his allegations any further, the Commission is constrained to direct the CPIO to file a proper affidavit stating her written submissions of 11.09.2023. The said affidavit filed by the CPIO shall reach the Commission within 15 days from the date of receipt of this order with a copy of it duly endorsed to the Complainant.
The Complaint is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) Information Commissioner (सू सूचना आयु ) 5 Authenticated true copy (अिभ मािणतस यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ,उप-पंजीयक दनांक / Date 6