Central Information Commission
Rekha Kumari vs Central Board Of Secondary Education on 25 August, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
केंद्रीय सच
ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ मागग
Baba Gangnath Marg
मनु नरका, नई ददल्ऱी - 110067
Munirka, New Delhi-110067
File no.: CIC/CBSED/A/2018/156698
In the matter of:
Rekha Kumari
... Appellant
VS
Central Public Information Officer
Central Board of Secondary Education (CBSE)
Shiksha Kendra, 2, Community Centre,
Preet Vihar, Delhi - 110092
...Respondent
RTI application filed on : 18/07/2017 CPIO replied on : 29/08/2017 First appeal filed on : 18/12/2017 First Appellate Authority order : 09/02/2018 Second Appeal dated : 10/09/2018 Date of Hearing : 20/08/2020 Date of Decision : 20/08/2020 The following were present:
Appellant: Present over phone along with Manoj Mishra Respondent: Smt. Seema Khakha, Assistant Secretary. Information Sought:
The appellant has sought the following information in respect of Dhanbad Public School, K.G. Ashram, Govindpur Road and Dhanbad Public School, Hirak Branch, Nag Nager, Dhanbad:
1. Copy of the online application submitted for the extension of the affiliation for Secondary and Senior Secondary classes.1
2. Copy of the documents relating to land submitted at the time of submission of initial application for getting affiliation.
3. Copy of the NOC given by the State Government and the copy of affiliation certificate.
Grounds for Second Appeal The CPIO has provided incomplete information. Submissions made by Appellant and Respondent during Hearing:
The CPIO submitted that on 21.06.2018, 130 pages of documents were sent. Shri Mishra, representative of the appellant submitted that only the copy of the application was given and no annexures were received. He pressed for the copies of the enclosures with proper indexing. Though the CPIO claimed that complete enclosures were sent first on 12.02.2018 and thereafter on 21.06.2018, she could not mention the page numbers due to lack of indexing.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 29.08.2017 replied that the information sought is available in 130 pages and can be given on payment of RS 2/- per page by the appellant in favour of Secretary, CBSE Delhi. The FAA vide order dated 09.02.2018 held that on payment of photocopying charges by the appellant, requisite information was provided on 14.11.2017. He further submitted that as per the request of the appellant in his first appeal, whatever documents he contested to be not received shall be given by the CPIO within 15 days from date of issue of this order.
The CPIO accordingly on 12.02.2018 and 21.06.2018 sent a revised reply. However, the enclosures being contested need to be resent. Decision:
The appellant had contested that the enclosures were not provided to him. Moreover, as the CPIO also could not submit any proof that the same were given, a revised reply should be given with proper indexing and all the 2 enclosures as sought for. The CPIO is accordingly directed to send a revised reply attaching the complete enclosures with proper indexing to the appellant, within 7 days from the date of issue of this order.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आयक् ु त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रतत) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दिन ंक / Date 3