Indian Kanoon - Search engine for Indian Law

Central Information Commission

Renuka Mehta vs Central Board Of Secondary Education on 20 March, 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/CBSED/A/2024/115213

Renuka Mehta                                                        ... अपीलकता/Appellant

                                          VERSUS
                                           बनाम
CPIO: Central Board of
Secondary Education,                                          ... ितवादीगण/Respondents
Delhi

Relevant dates emerging from the appeal:

RTI : 09.01.2024                 FA       : 15.03.2024              SA     : 15.05.2024

CPIO : 20.02.2024                FAO : Not on record                Hearing : 10.03.2025


Date of Decision: 20.03.2025
                                          CORAM:
                                    Hon'ble Commissioner
                                  _ANANDI RAMALINGAM
                                         ORDER

1. The Appellant filed an RTI application dated 09.01.2024 seeking information on the following points:

 Kindly arrange to provide me the attested copies of point wise specific & correct information as per laid down act & rules & codes to save my fundamental rights to earn live, justice & equality information may kindly be made available u/s 7 (9) & 4 (1) (d) of the RTI Act 2005 w.r.t. my application dated 23/10/2023 (copy enclosed as ANNEX-A) sent through registered post.

1. Stipulated time for action and all copies of action taken proceedings against the school in this matter.

2. Copy of my recommendation for restoration of my post against illegal/ unlawful termination.

3. Copy of any notice and my reply w.r.t. major penalty & sec 183 process to be followed as per Haryana School Education rules 2003.

4. List of all members of the committee for terminating me as per major penalty & complete process adopted with the appeal process in this matter.

5. Copy of any written statement of Mrs. Renuka Mehta during the course of inquiry in this matter. As per natural justice & as my personal request as per ANNEXTURE-A EPF. ..., etc./ other related information

2. The CPIO replied vide letter dated 20.02.2024 and the same is reproduced as under :-

Point No. 1: As per available information, the complaint of the applicant dt. 23.10.2023 against Siddharth International School, 6.5 KM Stone, Dabra Road, Hissar, Haryana-125001 (CBSE Affiliation No. 530704) with regard to the school not following and violating State Government rules and regulations has been forwarded to District Education Officer, Hissar Distt., Haryana for examining the matter and furnishing reply to the complaint., copy of the letter dt. 19.02.2024 is enclosed for information. For rest of the issues raised in the complaint, a reply dt. 19.02.2024 has been issued to the applicant (copy enclosed).

Point No. 2 to 6 and 12: CBSE has no role in the termination of the services of any employee of its affiliated School; the desired information is beyond the purview of this office. For information, the applicant may approach the School Management Committee of the concerned School.

Kindly refer to the guiding principles laid down by CBSE under Chapter 5 clause 5.2 & 5.3 of its Affiliation Bye Laws. The matter pertaining to appointment of the Teaching Staff falls within the ambit of the affiliated School concerned. The schools shall have to devise and follow a well-organized system for the Page 2 of 5 Recruitment and Service Rules such as Appointment, Termination, Contributory Provident Fund, Number of Teaching Periods, etc. of staff of various categories on the lines of the rules of the Appropriate Government, where the School is located.

Affiliation Bye-laws can be referred on the CBSE website <https://saras.cbse.gov.in/SARAS> or at the given link <https://saras.cbse.gov.in/saras/Home/Information> The desired information is not part of document/information required to be compiled by this office. For further information the applicant may contact the office of the concerned School Management Committee and or Society/Trust of the School or the concerned District/State Education Department of the appropriate government, where the School is located. Etc.

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 15.03.2024 alleging that the information provided was incomplete, false and misleading. FAA's order, if any, is not available on record.

4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 15.05.2024.

5. The appellant's representative Mr. Manoj Kumar and on behalf of the respondent Ms. Seema Khakha, CPIO and Ms. Rekha Saraswat, Under Secretary, attended the hearing in-person.

6. The appellant's representative reiterated the background of the RTI application and submitted that the appellant has filed a complaint against Siddharth International School, 6.5 KM Stone, Dabra Road, Hissar, Haryana-125001 w.r.t the school not following and violating State Government rules and regulations which has been forwarded to District Education Officer, Hissar Distt., Haryana for examining the matter as per CPIO's response. He stated that an improper and wrong reply has been furnished by the Respondent which could not fulfill her purpose. He requested the Commission to direct the respondent to furnish the information as sought.

7. The respondent while defending their case inter alia submitted that a suitable reply as per the provisions of the RTI act has been furnished to the appellant on 20.02.2024. She further submitted that the matter is related to the termination of the appellant thus, the case has been transferred to the District Education Officer concerned as the CBSE has no role in the termination of the services of any employee in its affiliated schools. A written submission of the respondent dated 21.02.20225 is taken on record.

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 an appropriate reply to the RTI Application vide letter dated 20.02.2024. Further, the Commission notes that the appellant is challenging the correctness of the information furnished by the respondent. In that regard, the Commission would like to refer to the observations passed by the Hon'ble Delhi High Court in its decision dated 06.12.2023 in Narendra Tyagi vs Assistant Director (CPIO) [LPA 764/2023]. A relevant extracted as under:

"13. Consequently, it is clear that dispute as regards the correctness of information provided under the RTI Act, or any other dispute or controversy, cannot be adjudicated in proceedings under the RTI Act. The CPIO is only required to supply all the information/documents within his access. Whether or not such information as provided by the CPIO under the RTI Act is incorrect in any manner, is not the domain of consideration or determination under the RTI proceedings."

9. In view of the above, the Commission finds no scope of intervention in the matter. Accordingly, the appeal is dismissed.

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

Sd/-

(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 20.03.2025 Authenticated true copy Sharad Kumar (शरद कुमार) Page 4 of 5 Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:

1 The CPIO Affiliation, Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi-110092 2 Renuka Mehta Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)