Central Information Commission
Mr. U.S. Singhal vs Directorate Of Education on 22 December, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002727/6044
Appeal No. CIC/SG/A/2009/002727
Relevant Facts emerging from the Appeal
Appellant : Mr. U.S. Singhal
510, GDETL, Northax Tower, A9, Netaji Subhas
Palace, Pitampura,
Delhi - 110034
Respondent : Ms. Indira Rani Singh
Public Information Officer & Dy. Director of Education (NWB) Directorate of Education District North West-B, Pitampura, New Delhi RTI application filed on : 26/07/2009 PIO replied : 26/08/2009 First appeal filed on : 03/09/2009 First Appellate Authority order : No Order Second Appeal received on : 26/10/2009 Date of Notice of Hearing : 23/11/2009 Hearing Held on : 22/12/2009 S. No Information Sought Reply of the PIO
1. Photocopy of posting of Mrs. K.D. Mrs. K.D. Jassal joined on 01/02/2005. The Jassal as Deputy Director of copy of posting order is available in Gazetted Education, District North West - B. Officers Cell, HQ, Old Secretariat, Delhi.
2. Details of any emoluments, perks Mrs. K.D. Jassal, DDE (NW-B) is drawing and other benefits earned by her. salary in the pay scale of Rs. 15600-39100.
3. Rights and duties of Deputy Director Pertains to gazetted officers, HQ.
to Regional Director separately and in detail.
4. Details of no. of complaints received As and when a complaint is received against a by her against private schools since private school, the same is forwarded to the 01/01/2007. Education Officer concerned for enquiry and as per report of EO, further action is taken.
5. Action taken against these schools. As above.
6. Photocopy of complaints received No such complaints have been received in this against Mrs. K.D. Jassal regarding office.
corruption, misbehaviour, negligence, disproportionate assets, misconduct or abuse of power.
7. Details of action taken against such In view of reply no. 6 no answer is required.
complaints.
8. Details of posting of Mrs. K.D. June 1997 to August 2002 as Education Jassal for the last ten years along Officer, Zone 15, District West (A). with designation, rights & duties etc. September 2002 to January 2005 as Education Offcer, Zone 21, District South West (B). February 2005 till date as DDE(NW_B), FU Block, Pitampura .
9. Details of declaration of intimation As per Central Information Commission, till date from date of joining. Decision No. 256/IC(A)/2006, F.CIC/MA/A/2006/00509 dated 11/09/2006 the property returns filed by the employees do not constitute public action as these are submitted under fiduciary capacity, which is exempted u/s 8(1)(e) & (j).
10. Details as to whether any of her No. children studied under scholarship from any private school.
First Appeal:
Unsatisfactory information provided by the PIO. Order of the FAA:
No Order.
Ground of the Second Appeal:
That the Appellant has still not been supplied with the proper information.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. U.S. Singhal;
Respondent : Ms. Indira Rani Singh, PIO &Dy. Director of Education (NW-B);
The appellant states that since there is no separate register for complaints with the department he would like to inspect the dispatch register and the diary register. The PIO has refused to give the information on the assets of the particular officer on the grounds that this exempt under Section 8(1) (e) & (j). This bench has already ruled in decision number CIC/SG/A/2009/001436/4247 dated 23 July 2009 that the details of assets of public servants have to be disclosed under RTI. This information is not exempted under Section 8(1) (e) & (j) of the RTI Act. In the instant matter the particular employee has already retired and the appellant does not wish to pursue this matter.
Decision:
The Appeal is allowed.
The PIO will facilitate an inspection of dispatch register and the diary register to the Appellant on 30 December 2009 at 10.30am.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 22 December 2009 (In any correspondence on this decision, mention the complete decision number.)