Central Information Commission
Smt. Amrita Ganga vs Genl. B.C. Joshi Army Public School, ... on 12 January, 2010
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/WB/C/2008/000365
Complainant : Smt. Amrita Ganga
Public Authority : Genl. B.C. Joshi Army Public School,
Pithoragarh.
Date of hearing : 12.01.2010
Date of Decision : 12.01.2010
Facts
As per appellant's version, she was appointed as TGT(Hindi) in Army Public School, Pithoragarh(School hereinafter) in March, 2000. However, in May, 2000, she was degraded to PRT(Hindi) for inexplainable reasons. She worked in this School till March, 2005. In this connection, vide her RTI application dated 5.9.2005, she had sought information from the School on 21 paras. This was responded to by the Administrative Officer of the School vide letter dated 21.1.2008, stating that the School is not a Public Authority in terms of section 2(h) of the RTI Act and, therefore, no information can be provided to her.
2. Aggrieved with this, she has filed the present complaint before the Commission.
3. The matter was earlier called for hearing on 16.10.2009. Appellant appeared. However, nobody appeared for the School, and the matter was adjourned to 12.1.2010.
4. As scheduled, the matter is called for hearing today dated 12.1.2010. Appellant present. The School is represented by Col.(Retd.) Amar Narwat. At the very threshold, Col. Narwat would submit that the School is not a Public Authority in as much as it is being run under the aegis of Army Welfare Education Society(AWES) and several High Courts and even this Commission have held in the past that the AWES run institutions are not Public Authority. He has drawn my attention to this Commission's decision dated 6.10.2009 in appeal No. CIC/WB/A/2008/000634 (Smt. Amba Joshi -Vs- AWES) and another decision dated 15.10.2009 in Appeal No. CIC/SM/A/2009/000203 (Ishwar Singh Walia -Vs- AWES) in which it was held that AWES is not a Public Authority and, therefore, the Institutions being run under the aegis of AWES are not Public Authority.
5. The submission of Col. Narwat has legal force. However, it is to be noted that the word 'information' as defined in section 2(f) of the RTI Act, empowers a Public Authority to access information from even a private body for supplying the same to the requester. Section 2(f) is extracted below :-
"(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; "
6. Needless to say, the Chairman of the Managing Committee of the School is the Station Commander, Pithoragarh. He is a serving Brigadier of the Indian Army. Being Chairman of the Managing Committee, he is empowered to access information from the School and provide to the appellant as per Section 2(f) of the RTI Act.
DECISION
6. The parties are heard on the question of supply of information. After hearing the parties, it is decided that the following information may be accessed by the Station Commander from the School and provided to the appellant :-
(i) Copy of the appointment of the appellant as PRT(Hindi);
(ii) Copy of the Board proceedings vide which the appellant was demoted from TGT(Hindi) to PRT(Hindi);
(iii) Copy of the CBSE/AWES Rules/Guidelines under which she was confirmed as PRT(Hindi) in July, 2002;
(iv) Copy of the Rules/Guidelines/Instructions under which PRT grade was paid to the appellant;
(v) Copy of the Rules, if any, under which the appellant was made to sign agreement for accepting the post of PRT(Hindi); and
(vi) Monthly salary paid to Smt. Shashi Joshi, Music Teacher, in 2004.
7. The CPIO is hereby directed to provide the above mentioned information to the appellant in 04 weeks time.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Assistant Registrar Address of parties :-
1. Smt. Amrita Ganga, H. No. 50, Gali No.4, Press Enclave, Vikash Nagar, New Delhi.
2. The CPIO, Army Public School, Pithoragarh.
3. Chairman Managing Committee, Army Public School, Pithoragarh