Indian Kanoon - Search engine for Indian Law

Central Information Commission

Jaspal Singh vs Directorate Of Education on 3 September, 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/2017/185898

 Shri Jaspal Singh                                            ... अपीलकताग/Appellant
                                   VERSUS/बनाम

1. PIO/Dy. Director of Education -(S-E),
   Directorate of Education (Govt. of NCT of Delhi)
 2. PIO/Directorate of Education-(PSB),                      ...प्रनतवादी /Respondent
 (Govt. of NCT of Delhi)

 Through: Sh. Sh. Manish Jain, ADE
 Smt. Adarsh Preet kaur
 Sh. Avtar Singh
 Adv. Avneet Kaur, Chamber No.310, DHC

 Date of Hearing                              : 29.07.2019
 Date of Decision                             : 03.09.2019
 Information Commissioner                     : Shri Y. K. Sinha

  Relevant facts emerging from appeal:
 RTI application filed on          :        12.07.2017
 PIO replied on                    :        16.08.2017
 First Appeal filed on             :        27.08.2017
 First Appellate Order on          :           - -
 2ndAppeal/complaint received on   :        29.12.2017

Information sought

and background of the case:

The Appellant vide his RTI application dated 12.07.2017, sought a copy of the action taken report, on complaint letter dated 15.05.2017, against Guru Harkishan Public School, as prepared by the Hon'ble Dy. Chief Minister, Delhi and later transferred to PIO/Directorate of Education, Old Secretariat, vide letter dated 02.06.2017.

PIO/ Directorate of Education, Old Secretariat on 17.07.2017 transferred the RTI application to the concerned public authority i.e. PIO/South-East/ Directorate of Education, Delhi with a copy marked to the Appellant.

PIO/APIO (South-East) vide letter dated 16.08.2017 forwarded a reply received from Guru Harkishan Public School vide letter dated 05.08.2017to the Appellant.

Being dissatisfied, the Appellant filed First Appeal on 27.08.2017. And a reminder letter, with respect to pending adjudication, on 27.11.2017.

Feeling aggrieved with no response from FAA, the Appellant approached the Commission with an instant Second Appeal.

Facts emerging in Course of Hearing:

Both the parties are present for the hearing. A written submission has been received from the Appellant vide letter dated 18.07.2019 in this case.

Respondent relied on the reply received from the Offg. Principal, GHPS, Hemkunt Colony on 05.08.2017, whereby, it was stated that through present RTI application, Appellant was seeking to re-agitate the issues already agitated in the case titled as "GHPS vs. Jaspal Singh & ors." [WP(C) 2814 of 2003].

Decision:

Commission observes that despite the First Appeal by the Appellant, no FAO has been passed in the instant case. The case is, therefore, remanded to FAA for proper adjudication of the same, upon providing opportunity of fair hearing to both the parties. The appeal shall be decided by a reasoned, speaking order. An action taken report containing the FAA's order shall be submitted before the Commission within 4 weeks from the date of issue of this order, failing which appropriate action for non-compliance shall be commenced suo motu.

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 2 of 2