Central Information Commission
Neetesh Warade vs Kendriya Vidyalaya Sangathan on 11 November, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/KVSAN/A/2018/165940/02105
File no.: CIC/KVSAN/A/2018/165940
In the matter of:
Neetesh Warade
... Appellant
VS
Central Public Information Officer
Kendriya Vidyalaya, Dantewada,
Dist. - Dantewada, Chitalanka, Chhattisgarh - 494 449
&
Central Public Information Officer
Kendriya Vidyalaya Sangathan, Dantewada,
Raipur Region, Kendriya Vidyalaya No. 2,
Raipur Campus, Sector - IV, Deen Dayal Upadhyay Nagar,
Raipur- 492 010
... Respondent
RTI application filed on : 23/07/2018 CPIO replied on : 17/10/2018 First appeal filed on : 25/09/2018
First Appellate Authority order : Not on record Second Appeal dated : 30/10/2018 Date of Hearing : 08/11/2019 Date of Decision : 08/11/2019 The following were present: Appellant: Present over VC
Respondent: Shri M. Babu, Administrative officer and CPIO KVS Raipur; Shri E Jayachandran, Principal KVS Dantewada, present over VC Information Sought:
1The appellant has sought a copy of the answer sheet for Summative Assessment - II for the subject - Mathematics of Mousam Sanjana who was studying in class 9th in the session 2016-17 in Kendriya Vidyalaya, Dantewada.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he was a teacher in Kendriya Vidyalaya, Dantewada in the session 2016-17 working on contract basis. He submitted that the CPIO's reply stating that the information sought is destroyed due to termites attack is incorrect and they are hiding the information. The CPIO Dehradun submitted that an appropriate reply was provided vide letter dated 17.10.2018 enclosing the reply of the CPIO, Principal KVS Dantewada. He also submitted that there was a formal enquiry conducted to verify the reasons for destruction of information. Furthermore, he submitted that in March 2017 the examination was over. The whitewashing was done in April 2017 during the summer vacation at which time it was found that termites attack had destroyed the documents.
The appellant contended that the entire documents cannot be destroyed by termites and it is not an acceptable reason. He was asked to substantiate through materials on record that the respondent is deliberately hiding the information as he claimed in his second appeal. He submitted that he has no proof but he is suspicious of the authenticity of the reply. He further submitted that he asked for the information as he was the teacher who evaluated the answer sheets and to his utter surprise the students were declared passed by the School whereas he had failed many of them.
Observations:
Based on a perusal of the record, it is noted that the reply dated 17.10.2018 by the CPIO was not on time. The CPIO did not provide any cogent reason for the delay that occurred. The Commission observes that the CPIO has failed to carry out his statutory responsibility under the RTI Act in not providing any reply to the appellant within the stipulated time frame. The Commission issues a strict warning to the CPIO Dantewada to remain careful in future and ensure that proper procedure is followed as per the provisions of the Act.2
File no.: CIC/KVSAN/A/2018/165940 In respect of the destruction of information by termites, it is relevant to note that the CPIO cannot provide information which is not available. However, the CPIO can affirm on oath that the information sought was destroyed.
Decision:
In view of the above observations, the Commission is of the opinion that the CPIO should affirm on affidavit and submit to the Commission stating that the information sought is destroyed due to termites attack and a copy should be duly endorsed to the appellant. The CPIO is also directed to provide the details of other documents which were also destroyed in the termite attack and a copy of the enquiry report through which the destruction of documents were enquired into to the appellant within 7 days from the date of the receipt of the order. The said documents should be endorsed to the Commission in compliance with this order.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
Information Commissioner (सच
ू ना आयु त)
Authenticated true copy
(अ भ मा णत स या पत त)
A.K. Assija (ऐ.के. असीजा)
Dy. Registrar (उप-पंजीयक)
011- 26182594 /
दनांक / Date
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