Central Information Commission
Meera vs Central Board Of Secondary Education on 22 October, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/CBSED/A/2018/618888/01917
File no.: CIC/CBSED/A/2018/618888
In the matter of:
Meera
... Appellant
VS
Assistant Secretary (Affiliation)/CPIO
Central Board of Secondary Education (CBSE)
Shiksha Kendra, 2, Community Centre,
Preet Vihar, Delhi - 110092
... Respondent
RTI application filed on : 09/02/2018 CPIO replied on : 08/03/2018 First appeal filed on : 15/03/2018
First Appellate Authority order : 01/05/2018 Second Appeal dated : 04/05/2018 Date of Hearing : 22/10/2019 Date of Decision : 22/10/2019 The following were present:
Appellant: Present over VC Respondent: Seema Khakha, Assistant Secretary & PIO. Information Sought:
The appellant has sought the following information with reference to CBSE circular No. CBSE/AFF/CIRCULAR/2010 dated 17, 2010, Circular No. 03/10:-
1. Photocopy of the following documents of Delhi Public School, Vindhyanagar, Dist.: Singrauli (MP), Pin: 486885 (CBSE Code: 03437 and CBSE Affiliation No:
1030032).1
a) Account statement of session 2017-18, prepared as per rules and certified by the Chartered Accountant with name.
b) Account statement of session 2016-17, prepared as per rules and certified by the Chartered Accountant with name.
c) Account statement of session 2015-16, prepared as per rules and certified by the Chartered Accountant with name.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that she is not satisfied with the reply of the CPIO as the desired information was not provided to her.
The CPIO submitted that since the requisite information was not available with them, an appropriate reply was provided to the appellant on 08.03.2018.
Observations:
From a perusal of the relevant case records, it is noted that the reply of the CPIO dated 08.03.2018 in which it was stated that the information for the said session is not available was not proper as under the RTI Act, the respondent authority is bound either to provide the information after seeking assistance u/s 5(4) of the RTI Act from the holder of the information or to transfer the RTI application u/s 6(3) of the Act but neither was done.
The Commission expresses its displeasure at the conduct of the then CPIO for handling the RTI application in an inappropriate manner.
Decision:
Based on the above observations, the CPIO is directed to provide a revised reply to the appellant after seeking assistance u/s 5(4) of the RTI Act from the custodian of the information i.e. Delhi Public School, Vindhyanagar within 30 days from the date of receipt of this order under intimation to the Commission.
The then CPIO is also cautioned to remain extremely careful while handling RTI applications and ensure that timely and appropriate replies are provided to 2 File no.: CIC/CBSED/A/2018/618888 each and every RTI application. The present CPIO is directed to serve a copy of this order to the then CPIO for his information.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3