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Central Information Commission

Sangram Singh vs Kendriya Vidyalaya Sangathan on 30 June, 2025

                                      के ीय सूचना आयोग
                              Central Information Commission
                                   बाबा गं गनाथ माग,मुिनरका
                               Baba Gangnath Marg, Munirka
                                 नई िद   ी, New Delhi - 110067
ि तीय अपील सं        ा / Second Appeal No. CIC/KVSAN/A/2024/627797

 Sangram Singh                                                   ... अपीलकता/Appellant

                                         VERSUS
                                          बनाम
 CPIO:
 1., Kendriya Vidyalaya
 Sangathan,
 Bhubaneswar, Odisha

 2. Kendriya Vidyalaya No. 1,
 Bhubaneswar,                                             ... ितवादीगण/Respondent(s)

Relevant dates emerging from the appeal:

 RTI : 28.04.2024                FA      : 28.05.2024            SA     : 25.06.2024

 CPIO : 07.05.2024               FAO : 10.06.2024                Hearing : 25.06.2025


Date of Decision: 30.06.2025
                                         CORAM:
                                   Hon'ble Commissioner
                                 _ANANDI RAMALINGAM
                                        ORDER

1. The Appellant filed an RTI application dated 28.04.2024 seeking information on the following points:

1) "Photo Copies of Answer sheets of PT-1, PT 2, PT 3, Half yearly Examination & Annual Examination of my daughter Miss Sukanya Singh appeared in Class- IX, Section-D, Roll No.47 in KV-I, Bhubaneswar, Odisha in 2023-24.
2) Under which rule a student of class-IX student can be failed. Related Circular, Notification and or resolutions may please be furnished.
Page 1 of 5
3) Under which rule I was denied to check the answer sheets of my ward Miss Sukanya Singh appeared in class IX Annual Examination 2024."

2. The CPIO replied vide letter dated 07.05.2024 and the same is reproduced as under:-

"1: As the parent of the ward has not mentioned the subject and she has failed in the subject Mathematics in Annual examination, hence Photo Copies of answer sheets of Subject Mathematics for the academic year 2023-24 in r/o Miss. Sukanya Singh, Class IX, Section D, KV-1, Bhubaneswar, second shift of Annual examination along with PT1, PT2 and PT3 are enclosed as Annexure 1.(page no 01 to 16)+(pages01 to 16)+ (pages 01 to12) +(pages 01 to 21).
2: Article 106(D) of KVS education Code as applicable is enclosed for reference.
3: As per the Article 106 (Clause 7) which is self-explanatory."

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 28.05.2024. The FAA vide order dated 10.06.2024 upheld the reply given by the CPIO.

4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 25.06.2024.

5. The Appellant was present during the hearing through video conference and on behalf of the Respondent, Anil Kumar, AC & CPIO attended the hearing through video conference.

6. The Appellant stated that the CPIO arbitrarily only provided the answer script of Maths paper while also making an uncalled for remark about his daughter failing the Maths exam.

7. The Respondent was unable to rebut the contention of the Appellant and vaguely argued that the Appellant did not mention the subject for which answer script was required and thus reiterating the reply of 07.05.2024. Upon the Commission's admonition observing that the RTI query very much mentions the examination names and it is a matter Page 2 of 5 of common sense that the answer scripts of all subjects that were attempted by the ward was being sought for, the CPIO quickly agreed to abide by the order of the Commission.

8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the CPIO has provided a grossly inappropriate reply to point no.1 of the RTI Application by mentioning unwarranted remarks about the appellant's daughter failing an examination and suo motu choosing to provide only one of the answer scripts without mentioning any reasons for the deemed denial of the remaining answer scripts of other subjects and exams. The said conduct of the CPIO invites the ire of the Commission and is found to be in complete violation of the provisions of the RTI Act as the reply not only deems to refuse to provide the complete information, it also seeks to intimidate the Appellant and seeks to demean the ward of the Appellant in an unwarranted manner.

9. Having observed as above, the Commission directs the concerned CPIO through the present CPIO to show cause as to why maximum penalty should not be imposed upon him under Section 20(1) of the RTI Act and disciplinary action should not be initiated against him under Section 20(2) of the RTI Act for causing prima-facie deliberate denial; deemed refusal to provide the complete information on point no. 1 of the RTI Application as well as for agonizing the Appellant and his ward by recording unwarranted remarks in his reply, thereby threatening and obstructing the Appellant's right to information. The written submissions of the then CPIO to this effect shall reach the Commission through the present CPIO within 15 days of the receipt of this order, failing which, stringent action will be initiated in the matter.

The present CPIO is directed to serve a copy of this order to the then CPIO within 2 days of the receipt of this order under due intimation to the Commission.

Further, the present CPIO is also directed to send a proper written explanation stating the reasons for his gross omission in having reiterated the reply of the then CPIO during the hearing and for not bothering to revisit the matter after the receipt of the hearing notice, therefore having caused an added delay in securing access to information to the Page 3 of 5 Appellant as well as for adding insult to injury by impliedly endorsing the unwarranted remarks contained in the original reply. The written submissions of the present CPIO shall reach the Commission within 15 days of the receipt of this order.

10. Furthermore, the present CPIO is directed to provide the complete available information as sought for at point no.1 of the RTI Application to the Appellant, free of cost, within 15 days of the receipt of this order under due intimation to the Commission.

11. The Appeal is disposed of accordingly.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 30.06.2025 Authenticated true copy O. P. Pokhriyal (ओ.पी. पोख रयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:

1. The CPIO, Kendriya Vidyalaya Sangathan, Regional Office Bhubaneswar, Pragati Vihar, Mancheswar, Bhubaneswar, Odisha PIN 751017
2. The PIO, Principal, PM Shri Kendriya Vidyalaya No. 1, Bhubaneswar, Unit - IX, Bhoi Naga, Bhubaneswar - 751022 Page 4 of 5
3. Sangram Singh Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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