Central Information Commission
Mr. S Balbir Singh Khalsa vs Guru Harikrishan Public School, ... on 13 January, 2010
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/003015/6365
Appeal No. CIC/SG/A/2009/003015
Appellant : Mr. S Balbir Singh Khalsa,
Secretary General & Incharge South Delhi,
Delhi Sikh Gurdwara Prabandh
Sudhar Action Committee,
1, Hari Nagar Ashram,
New Delhi-110014
Respondent : Principal,
Guru Harikrishan Public School,
Hemkunt Colony,
New Delhi-110048
RTI application filed on : 19/09/2009
PIO replied : 15/10/2009
First Appeal filed on : 20/10/2009
First Appellate Authority order : Not mentioned
Second Appeal Received on : 01/12/2009
Information sought:
Appellant sought following information in respect of above mention school:
1. Appellant sought information in tabular form under column heading S.No., Total No. of students as on 31/08/2009, total No. staff as on 31/08/2009, No. of students appeared in Class X in the year 2009, No. of students passed in Class X in the year 2009, No. of students passed in Class XII in the year 2009.
2. Details of Appointments, Promotions & Transfers made from 16/11/2008 till date under given format.
3. Details of family members or relatives of the Present Chairman of the said school or any present member of the DSGM Committee, who were ever appointed by any Guru Harikrishan Public School/DSGMC/ any other Institution and are presently working in any of the GHPS School/DSGMC/ any other Institution, in the given format.
PIO's Reply:
Information, regarding Para I & II, was provided by the Offg. Prinicipal. to the Appellant.
Grounds for First Appeal:
Incomplete information furnished.
The information in respect of Para no. 3 had not been provided. Order of the First Appellate Authority:
Not enclosed.
Grounds for Second Appeal:
Incomplete information not provided within time limit. First Appeal not heard. Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Inder Mohan on behalf of Mr. S Balbir Singh Khalsa; Respondent: Absent;
The Appellant states that though he filed the RTI application on 19/09/2009 he received no reply from the PIO. The First Appellate Authority also did not conduct any hearing or given any order. He states that he received complete information form Mrs. T.P.K.Gupta on 11/01/2010.
Decision:
The appeal is allowed.
The information has been provided.
The issue before the Commission is of not supplying the complete, required information by the PIO Mrs. T.P.K.Gupta within 30 days as required by the law. From the facts before the Commission it is apparent that the PIO Mrs. T.P.K.Gupta is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act.
It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on 09 February 2010 at 11.30am alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1). He will also submit proof of having given the information to the appellant.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 13 January 2010 (In any correspondence on this decision, mention the complete decision number.)Rnj