Central Information Commission
Mr.Tarachand vs Directorate Of Education, Gnct, Delhi on 26 May, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000911/7870
Appeal No. CIC/SG/A/2010/000911
Relevant Facts emerging from the Appeal:
Appellant : Mr. Tarachand
1755, Paprawat,
PNB Lane, Najafgarh,
New Delhi - 110043
Respondent : Mr. Devi Singh
Public Information Officer & Deputy Director of Education (NW - B) GNCTD FU - Block Pitampura, Delhi - 110088 RTI application filed on : 29/12/2009 PIO replied : No reply First appeal filed on : 05/02/2010 First Appellate Authority order : 28/02/2010 Second Appeal received on : 12/04/2010 Information Sought:
a) Day by day Action Taken Report of the complaints of the appellant.
b) Findings of the Directorate of Education regarding:-
1) Pay fixation as on 01/01/2006 (as per the 6th pay commission)
2) Non - payment of salary arrears (as per 6th pay commission)
c) "Is the school disobeying the order of Directorate of Education, dated 11/02/2009, according to which the school should pay the salary arrears to its staff members latest by 31/10/2009?"
d) If the school is disobeying such orders, what action has been taken by the Education Department against the school?
e) "As per the Citizen Charter of Education Department, how much time is required for solution of such complaint?"
f) Names of officer presently handling the complaint.
g) Views of the school authority regarding the pay fixation of Primary Teachers and non -
payment of salary arrears.
Reply of the Public Information Officer (PIO):
No reply provided by the PIO.
Grounds for the First Appeal:
No information provide by the PIO, even after the expiry of 30 days.
Order of the First Appellate Authority (FAA):
The First Appellate Authority has directed the PIO to provide the complete information to the appellant within one week, under intimation to the FAA and also to initiate action against APIO/EO Zone XIII under RTI Act for not providing the information.
Grounds for the Second Appeal:
No information provided by the PIO, even after the order passed by the FAA. Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Tarachand;
Respondent: Mr. Devi Singh, Public Information Officer & Deputy Director of Education (NW-B);
Dr. Vimlesh, Education Officer Zone-13 and Deemed PIO; The PIO admits that no information has been sent to the Appellant so far. The Education Officer and deemed PIO Dr. Vimlesh states that she had sent information on 23/01/2010, 27/01/2010 and 12/02/2010. None of this has been forwarded to the Appellant by the then PIO Mrs. Indira Rani Singh. The then PIO Mrs. Indira Rani Singh has made notings on the information send by the Education Officer asking for correct and complete information to be provided. The Education Officer claims that she had also more elaborate information after 12/02/2010. The Commission notices that the day to day action taken report of the complaint sought in query-1 does not appear to have been provided by the Deemed PIO.
Decision:
The Appeal is allowed.
The present PIO Mr. Devi Singh is directed to provide the complete information to the Appellant before 05 June 2010.
The issue before the Commission is of not supplying the complete, required information by the then PIO Mrs. Indira Rani Singh and deemed PIO Dr. Vimlesh EO(Z-13) within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO and deemed PIO are guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act.
It appears that the PIO and deemed PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to them, and they are directed give their reasons to the Commission to show cause why penalty should not be levied on them.
Mrs. Indira Rani Singh and deemed PIO Dr. Vimlesh EO(Z-13) will present themselves before the Commission at the above address on 18 June 2010 at 02.30pm alongwith their written submissions showing cause why penalty should not be imposed on them as mandated under Section 20 (1). They will also submit proof of having given the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the PIO is directed to inform such persons of the show cause hearing and direct them to appear before the Commission with her.
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 26 May 2010 (In any correspondence on this decision, mention the complete decision number.)(MS) CC:
To, Mrs. Indira Rani Singh then PIO through Mr. Devi Singh, Public Information Officer & Deputy Director of Education (NW-B);