Central Information Commission
Govind Narayan Chaubey vs Central Coalfield Limited on 1 July, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/CCFLT/A/2019/657136
Govind Narayan Chaubey अपीलकता /Appellant
....अपीलकता
VERSUS
बनाम
CPIO,
Central Coalfields Limited,
RTI Cell, O/o the GM Rajrappa
Area, Distt., Ramgarh - 829150,
Jharkhand. .... ितवादीगण /Respondent
Date of Hearing : 29/06/2021
Date of Decision : 29/06/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 01/08/2019
CPIO replied on : Not on record
First appeal filed on : 07/09/2019
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : 16/11/2019
1
Information sought:
The Appellant filed an online RTI application dated 01.08.2019 seeking following information;
1. "Whether Mr. P. K. Behera, TGT(Maths) is having B.Sc. degree with Maths in all the years of graduation. If YES, please enclose all years marksheet of graduation.
2. Whether Mr. Sanjay Kumar, TGT(Eng) taught classes IX and X between Jan 2011 to April 2012. If YES, enclose any records duly certified by then Principal.
3. Whether Mr. S. K. Mishra TGT(Art) taught classes IX and X between 2011 and 2016. If YES, please enclose any supporting documents.
4. Whether Mr. Dev Madhu, TGT(computer) have teaching experience of 05 years as on Feb 2016 in DAV institution. If YES, Please enclose any supporting documents for academic year 2011 to 2013.
5. Why a Primary teachers (PRT) is allowed to take classes X and/or XII.
whereas they were appointed to teach up to class V only." Having not received any response from the CPIO, the appellant filed a First Appeal dated 07.09.2019. FAA's order, if any, is not available on record. Feeling aggrieved and dissatisfied with the non-receipt of desired information, appellant approached the Commission with the instant Second Appeal. Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio-conference.
Respondent: S. K. Goswami, Senior Manager (Personnel) & CPIO present through audio-conference.
The Appellant while narrating the factual context of RTI Application stated that no material information has been received from the CPIO till date. He further clarified that his RTI Application has been addressed to the public authority I.e.2
CCL, Rajarappa Area in the back ground of the fact that the averred school is governed by the Respondent public authority and is located in their premises.
The CPIO submitted that instant RTI Application was transferred to DAV Public school, Rajarappa project under Section 6(3) of RTI Act which informed him on 14.06.2021 that the said school is an unaided- private school and thus not covered under the definition of public authority per se as per Section 2(h) of RTI Act.
Decision:
The Commission observes from a perusal of the facts on record as well as the proceedings during the hearing that the transfer of the RTI Application under Section 6(3) of the RTI Act by the CPIO to the averred School mindlessly without ascertaining the status of the said School vis-à-vis Section 2(h) of the RTI Act was not appropriate.
Further, in the instant case, the status of DAV Public School, Rajarappa project,Dist. Ramgarh being a public authority or not under the RTI Act is not the moot question for determination as the RTI Application was filed with a public authority. Here, it is relevant to bring out the provisions of Section 2(j) and 2(f) of the RTI Act which clearly stipulates that:
Section 2(j)- "...."right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to--..........."
Section 2(f)- "...."information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force..."
Upon a conjoint reading of the two Sections, it becomes essentially clear that the RTI Application of the Appellant has to be construed in the spirit of the aforementioned provisions of the Act. It is emphasized therefore that the Appellant has sought for the information from a public authority and not from 3 the averred School which is very well established as per the letter and spirit of the RTI Act.
Notwithstanding the aforesaid, the Commission further notes that the information sought for at points no 1 to 5 by the Appellant is rather about seeking clarifications from the CPIO which do not conform to Section 2(f) of RTI Act and in addition to it the information sought at points no. 1 to 4 of RTI Application pertains to personal educational details of a third party which cannot be divulged in view of Section 8(1)(j) of the RTI Act. In this regard, attention of the Appellant is drawn towards a Hon'ble Supreme Court of India in the matter of Central Public Information Officer, Supreme Court of India Vs. Subhash Chandra Agarwal in Civil Appeal No. 10044 of 2010 with Civil Appeal No. 10045 of 2010 and Civil Appeal No. 2683 of 2010 wherein the import of "personal information" envisaged under Section 8(1)(j) of RTI Act has been exemplified in the context of earlier ratios laid down by the same Court in the matter(s) of Canara Bank Vs. C.S. Shyam in Civil Appeal No.22 of 2009; Girish Ramchandra Deshpande vs. Central Information Commissioner & Ors., (2013) 1 SCC 212 and R.K. Jain vs. Union of India & Anr., (2013) 14 SCC 794.
In view of aforesaid observation, no further relief can be granted in this matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4