Central Information Commission
Sompal vs Gnctd on 17 December, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal Nos. CIC/GNCTD/A/2018/121065
CIC/GNCTD/A/2018/121067
CIC/DIRED/A/2018/121062
Shri Sompal ... अपीलकताग/Appellant
VERSUS/ बनाम
PIO/O/o Principal, V.S. Agriculture Sr, ...प्रनतवादीगण /Respondents
Sec. School, KheraGarhi, Delhi
PIO/Dy. Director of Education, (NW-A),
Shalimar Bagh, Delhi
Through:
Shri Omveer Shokeen, Principal
Date of Hearing : 17.12.2019
Date of Decision : 17.12.2019
Information Commissioner : Shri Y. K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case No. RTI Filed on CPIO reply First appeal FAO
121065 22.12.2017 17.01.2018 22.01.2018 Nil
121067 29.12.2017 17.01.2018 22.01.2018 Nil
121062 04.12.2017 04.01.2018, 22.01.2018 16.02.2018
Information soughtand background of the case:
CIC/GNCTD/A/2018/121065 Appellant filed RTI application dated 22.12.2017 seeking information on three points:-
1. As per the list of voters published, how many voters are of the category of Rs. 11000/- and how many of them are eligible to vote?
2. How many of the Rs. 1100/- voters are to vote in the election?
3. Apart from 1 and 2 above, provide the details of the members eligible to vote.
PIO/Principal, V.S. Agriculture, Sr. Sec. School, vide letter dated 17.01.2018informed the Appellant that information sought by him did not pertain to their school.
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 22.01.2018 which was not adjudicated therefore Appellant approached the Commission with the instant Second Appeal.
Page 1 of 3
CIC/GNCTD/A/2018/121067 Appellant filed RTI application dated 29.12.2017 seeking information on four points:-
1. How many members of Rs. 11000/- were made in the year 2017?
2. How many members of Rs. 11000/- were there in the school prior to the year 2017?
3. Provide the number of members of Rs. 1100/- who voted in the election held on 24.12.2017.
4. Other than the members as mentioned in Point No. 2 and 3 above how many other members voted in the election?
PIO/Principal, V.S. Agriculture, Sr. Sec. School, vide letter dated 17.01.2018 furnished the point wise reply to the Appellant. Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 22.01.2018 which was not adjudicated therefore Appellant approached the Commission with the instant Second Appeal.
Facts arising during the course of hearing:
Submission dated 09.12.2019 has been received from Principal V.S. Agriculture, Sr. Sec. School, Khera Garhi, Delhi-110082.
CIC/GNCTD/A/2018/121065 CIC/GNCTD/A/2018/121067 Appellant is absent despite advance notice of hearing. The Respondent is present and heard. The respondent submits that appellant is seeking information about election of Management Committee of the education society of V.S.Agriculture Sr. Secondary School, Khera Garhi, Delhi-82 which is running the school. The Respondent further submits that notice for First Appeal hearing was sent to the Appellant but he did not turn up and the appeal was not heard. He also submits that Management of the Education Society of the above said school does not come under the purview of RTI since it is a private entity. The School is admittedly Government aided and it comes within the purview of RTI Act, whereas the Education Society of the School is not governed by the provisions of the RTI Act. The Appellant is not present to buttress his case.
Decision:
Upon hearing the respondent and perusal of records, the Commission finds that In the instant case, the information sought by the Appellant pertains specifically to the Education Society of the V.S.Agriculture Sr.Sec.School, Khera Garhi, Delhi - 82. While the School is admittedly Government aided and therefore, comes under the purview of RTI Act but the Society thereof does not Page 2 of 3 come under the purview of RTI Act. Hence any information pertaining to the Society thereof including its elections can not be provided to appellant. The appeals are disposed off.
CIC/DIRED/A/2018/121062 Appellant filed RTI application dated 04.12.2017 seeking information on two points pertaining to voters list generated during the elections conducted on 24.12.2017:-
1. Details of action taken by the Dy. Director of Education on complaint dated 24.06.2013 against Shri Ashok Kumar, Head -Clerk.
2. Details of action taken by the Dy. Director of Education on complaint dated 21.08.2013 against Shri Ashok Kumar, Head -Clerk. PIO/DDE (NW-A), vide letter dated 04.01.2018 forwarded the reply to the Appellant provided by the concerned PIO.
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 22.01.2018. FAA vide order dated 16.02.2018 upheld the reply of PIO. Feeling aggrieved over the non compliance of the FAA order, Appellant approached the Commission with the instant Second Appeal. Facts arising during the course of hearing:
Appellant is absent despite advance notice of hearing. The respondent is present and heard. The Respondent submits the appellant has already been informed on 06.02.2018 that allegations made in the complaint were found baseless.
Decision:
Upon perusal of records, the Commission finds that information has already been furnished to the appellant. No further action is warranted in the matter.
Appeal disposed off.
Y. K. Sinha(वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Page 3 of 3