Central Information Commission
Vijaya Sakhuja vs Ut Of Chandigarh on 5 February, 2020
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/UTOCH/A/2018/144647
Vijaya Sakhuja ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
O/o the Director of School Education,
Chandigarh Administration,
UT of Chandigarh ... ितवादीगण /Respondent
RTI application filed on : 17/01/2018
CPIO replied on : 16/02/2018
First appeal filed on : 12/03/2018
First Appellate Authority order : 18/04/2018
Second Appeal dated : 11/07/2018
Date of Hearing : 04/02/2020
Date of Decision : 04/02/2020
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INFORMATION COMMISSIONER : DIVYA PRAKASH SINHA
Information sought:
The Appellant sought seniority numbers of herself as well as Mrs. Sangita Ahuja working under Director of School Education, UT of Chandigarh.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through VC.1
Respondent: Mohan Lal, Supdt. & CPIO, O/o the Director of School Education, Chandigarh Administration, Chandigarh present through VC.
Appellant stated that she has not been provided with the Gradation list of her rank (Instructor) as sought in the RTI Application on the pretext that the same has not been prepared because the matter is sub-judice in the Hon'ble High Court of Punjab & Haryana since 1997. She further drew the attention of the Commission that despite Government decision of upgradation/re-designation of the post, she has been serving as Instructor for last 33 years.
CPIO submitted that no upgradation or seniority list was prepared as sought by the Appellant in her RTI Application. He further submitted that since matter was sub-judice before the Hon'ble High Court of Punjab & Haryana since 1997, it was an administration decision to not to prepare any Gradation list. He furthermore submitted that he will abide by the orders of the Commission, if any, in the matter.
Decision Commission has gone through the case records and on the basis of the proceedings during hearing directs the CPIO to provide whatever information is available in office records pertaining to Gradation list of her rank (Instructor) as sought in the instant RTI Application, to the Appellant free of cost. In the event, if the same is not available in record then CPIO is directed to file an appropriate affidavit to this effect stating that Appellant's Gradation List under reference is not available in record. The affidavit should be sent by the CPIO to the Commission with its copy duly endorsed to the Appellant. The aforementioned direction of the Commission must be complied by the CPIO within 15 days of receipt of this order and compliance report with respect to the same shall also be submitted before the Commission.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा )
Information Commissioner ( सूचना आयु )
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File No : CIC/UTOCH/A/2018/144647
Authenticated true copy
(अ भ मा णत स या पत त)
Haro Prasad Sen
Dy. Registrar
011-26106140 / [email protected]
हरो साद सेन, उप-पंजीयक
दनांक / Date
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