Central Information Commission
Beena Arora vs Directorate Of Education on 3 July, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DIRED/A/2017/170440
Beena Arora ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Deputy Director of Education (North -
West), Directorate of Education, GNCTD, North ...प्रनतवादी /Respondent
West District, Shalimar Bagh, New Delhi
Through: Smt. Ranjana Grover - Officiating
Principal, Sh. Kismat Prasad - APIO
Date of Hearing : 21.06.2019
Date of Decision : 02.07.2019
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 20.04.2017
PIO replied on : 20.05.2017
First Appeal filed on : 18.06.2017
First Appellate Order on : 11.07.2017
2ndAppeal/complaint received on : 09.10.2017
Information soughtand background of the case:
The Appellant vide his RTI application on 20.04.2017 sought information on 08 points with respect to the following:-
1. Sant Nirankari Charitable Foundation being the governing body of Sant Nirankari Public School, Sant Nirankari Colony, New Delhi - 110009, therefore kindly furnish the copy of balance sheet Income & Expenditure with Annexure for the year 2014-2015 and 2015-2016 in respect of Sant Nirankari Public School, Sant Nirankari Colony, Delhi - 110009 and Sant Nirankari Charitable Foundation in the format as per Directorate of Education order issued vide No. F.DE-15/Act-1/WPC-4109/Part/13/7905-
7913 dated 16.04.2016.
2. Copy of Audit report conducted by the Chartered Accountants for the year 2014-2015 & 2015-2016 in respect of thereof.
Page 1 of 33. Copy of objections raised during audit by the Auditors in respect of both the above said organization and compliance thereof.
4. Sant Nirankari Public School, Sant Nirankari Colony, New Delhi - 110009 has shown in the details of Sundry Debtors as on 31.03.2014 in Annexure - C (copy enclosed) that an amount of Rs. 1784000/- due from D.D.E. in account of fee of E.W.S students which may please be clarified and in case payment has been made, details of payment as well as details of EWS students (name, address and telephone/mobile number) shell also be furnished.
5. Details of students of employees of Sant Nirankari Mandal whose fee of 60% has been waived for the above said institute for the year 2013-2014, 2014-2015 & 2015-2016.
6. Sant Nirankari Public School has shown salary amount / payment of Rs. 57,78,261 to temporary staff and guest teachers in Income and Expenditure A/C for the year ending 31.03.2014 (copy enclosed) therefore, please furnish the details given names of temporary staff and guest teachers as well as copy of vouchers payments who have been paid by the above said institute.
7. Details of Appointments, Confirmation, Promotions, ACP and MACP made from 01.01.1996 to 31.03.2017.
8. Action taken against the above said institute and the governing body for non compliance of 7th Central Pay Commission till date.
PIO, District North West (A), Shalimar Bagh, New Delhi vide reply dated 20.05.2017 requested the appellant for depositing Rs. 72/-, the cost of providing the information, at the rate of Rs. 2/- per page. Records of the case reveal that Sant Nirankari Public School, Sant Nirankari Colony, Delhi has sent point wise reply vide letter dated 15.05.2017 to the Dy. Director of Education, Shalimar Bagh, Delhi, which has then been provided to the appellant. Dissatisfied with the reply, the Appellant filed First Appeal on dated 19.06.2017.
The FAA passed an order on 11.07.2017 observing that the reply of Sant Nirankari Public School was not in order and directed PIO to provide the revised replies to Q. No. 1, 4, 6, 7 and 8 to the appellant within 10 days. In compliance of the FAA's order, the PIO sent a reply dated 22.07.2017 to the appellant, which was similar to the previous reply. Hence the appellant approached the Commission with his Second Appeal.
Facts emerging in Course of Hearing:
Both parties are present for hearing. Appellant's counsel admits that photocopies containing the information have been provided already, but the documents are not certified. Though information has been provided, the appellant is not satisfied with the contents therein.Page 2 of 3
Respondent has submitted a written statement during the course of hearing, some of the contents whereof are found legally flawed.
Decision Upon perusal of documents placed on record and after hearing contentions of the parties, it is noted that substantial amount of information is already available in the possession of the appellant, about staff statement for 2015- 16, student's strength as on 30.04.2015, fee structure for the academic session 2015-16, salary statement of staff/teachers for April 2015, Balance sheet as on 31.03.2016, 31.03.2015 etc. However, it is also evident from the records that some of the information sought by the appellant has not been adequately addressed by the PIO/DDE, Zone -09, District North West-A vide reply dated 22.07.2017, despite specific directions of the FAA. Perusal of the Second Appeal also reveals that the appellant is aggrieved by the inadequacy of the information furnished by the PIO.
Under the given circumstances, the Commission hereby directs the PIO/DDE, NWA, BL Block, Shalimar Bagh to provide inspection of the complete records to the appellant, to her satisfaction and as permissible under the law. The appellant shall be provided copy of the documents as identified by her during inspection. The PIO/DDE, NWA, BL Block, Shalimar Bagh is hereby directed to submit an action taken report by 22.07.2019.
The appeal is disposed off with the above directions.
Y. K. Sinha(वाई. के . नसन्द्हा) Information Commissioner(सूचना आयुक्त ) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514 Page 3 of 3