Central Information Commission
Ashok Kumar vs School Education Department Ut Of J & K on 10 June, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/SEDJK/A/2023/101951
Shri Ashok Kumar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, School Education Department UT of J & K ...प्रनतवािीगण /Respondent
Date of Hearing : 07.06.2024
Date of Decision : 07.06.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 26.09.2022
PIO replied on : 17.10.2022
First Appeal filed on : 21.11.2022
First Appellate Order on : 16.12.2022
2ndAppeal/complaint received on : 26.12.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 26.09.2022 seeking information on the following points:-
a) Kindly provide copy of request xx application form submitted by the captioned NGO's/VO's, if any, under 'National Creche Scheme for Children of Working Mothers'.
b) Kindly provide detailed locations of the Creche Unit applied by captioned NGO's/VO's along with the details of prominent places (like hospitals, educational institutions, colleges, universities, govt. offices, shopping malls, industrial areas, construction sites etc).
c) Kindly provide list of crèche worker/helper along with working mothers job profile, if any, submitted by the captioned NGO's/VO's.
1. M/s Allma Iqbal Development Environmental Sports & Cultural Welfare Society, Kishtwar
2. M/s Bismah Social Welfare Society, Srinagar
3. M/s Border Area Development Council, Kupwara
4. M/s Choudhary Bright Academy, Jammu
5. M/s Dilshada Institute, Pulwama
6. M/s Educational Environmental Social Sports Cultural Society, Doda
7. M/s Evergreen Model Society, Srinagar
8. M/s Ganit-ul-Aloom Charitable Trust, Doda
9. M/s Golden Urban & Rural Sanitation Society, Srinagar
10. M/s Golden Valley Voluntary Organisation, Srinagar Page 1
11. M/s Hassina Ladies Vocational Centre, Srinagar
12. M/s Helping Hand A Society, Jammu
13. M/s J&K Rural Welfare Institution, Ganderbal
14. M/s J&K State Welfare Institute, Doda
15. M/s J&K Yateem Trust, Srinagar
16. M/s Janu Social Welfare Society, Samba
17. M/s Khakni Ladies Vocational Centre, Anantnag
18. M/s Kiran Rural Women Development Society, Jammu
19. M/s KJK Welfare Society, Jammu
20. M/s Lal Ded Women Welfare Society, Jammu
21. M/s Master Institute, Srinagar
22. M/s Mighli Ladies Institution, Anantnag
23. M/s National Hamdard Society, Srinagar
24. M/s New Light Women's Welfare Society, Srinagar
25. M/s NGO's Coordination Federation, Srinagar
26. M/s Noor Educational Society, Baramulla
27. M/s Parivartan, Jammu
28. M/s Rehbar (An Organisation of Women & Child Development), Srinagar
29. M/s Rural Artisans Welfare Society, Jammu
30. M/s S.S Institute of Professional & Technical Education (Girls), Jammu
31. M/s Sain Baba Welfare Society, Jammu
32. M/s Scholastic Alliance for Human Action & Rural Advancement, Kathua
33. M/s Shah Asrar People Welfare Association, Kishtwar
34. M/s Shahmeer Welfare Educational & Environmental Trust, Budgam
35. M/s Shanti Women & Child Welfare Society, Jammu
36. M/s Sheikh-ul-Alam Welfare Society of Info Education & Technology, Srinagar
37. M/s Society for Welfare of Downtroden, Jammu
38. M/s Tameer-e-Maishira, Srinagar
39. M/s United Welfare Society, Jammu
40. M/s Voluntary Organisation for International Cooperation & Equlity, Ramban.
The CPIO, Mission Directorate, Poshan J & K vide letter dated 17.10.2022 replied as under:-
"As far as the National Creche scheme is concerned, it was earlier implemented by JKSWB in addition to Swadhar Grah Scheme. The access to concerned portal was with the implementing agency. The NCS was transferred to our department vide Govt Order No: 122 Dated:-04-07-2022, till date we have received the application forms from various NGOs in an online mode.
The Ministry has not provided the access for portal. Whenever the department will get the access for portal, the department is able to check it online. So the description of information will not be available at this time without the portal access."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 21.11.2022. The FAA vide order dated 16.11.2022 stated as under:-
"............in view of the fact that the applicant has not appeared before First Appellant Authority despite give two opportunities and the fact that the PIO has already provided him the requisite information. It seems that the applicant is not interested to persue the matter further. Hence the appeal is disposed off accordingly."
Page 2 Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Not Present Respondent: Ms. Tina Mahajan - Dy. Director, Poshan was present through video conference during hearing.
The Respondent contended that information available on record had been duly provided to the Appellant.
Decision:
Upon perusal of records of the case and hearing averments of the Respondent, the Commission is of the considered opinion that information available on record with the public authority as defined under Section 2(f) of the RTI Act has been duly furnished to the Appellant, in terms of the provisions of the RTI Act. Since appropriate information has been furnished by the Respondent and the Appellant has chosen not to buttress the case, no further intervention is warranted in this case, under the RTI Act.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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