Central Information Commission
Jayant Kumar Singh vs Department Of Defence on 24 April, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MODEF/A/2023/639832
Jayant Kumar Singh .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Sainik School Goalpara,
PO - Rajapara, Dist. - Goalpara,
Assam - 783133 .... ितवादीगण /Respondent
Date of Hearing : 17.04.2025
Date of Decision : 24.04.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 08.02.2023
CPIO replied on : 11.03.2023
First appeal filed on : 14.04.2023
First Appellate Authority's order : 09.05.2023
2nd Appeal/Complaint dated : 16.08.2023
Information sought:
The Appellant filed an RTI application dated 08.02.2023 (online) seeking the following information:
"1. In Jan 2023 a special assessment test to assess the knowledge of regular teachers appointed through a valid recruitment process in yester years was conducted.Page 1 of 5
2. In view of the foregoing it is requested to provide the following information at the earliest.
(a) Certified copy of authority or rule in SSS R & R 1997 to conduct such test.
(b) Certified copy of SOP for arranging and conducting such test.
(c) Certified copy of the letter/authority/rule indicating special assessment test for academic staff after selection with Sainik School Goalpara.
(d) Certified copy of SOP for selection of Principal, Vice Principal and Admin Officer for Sainik Schools.
(e) Certified copy of qualification for selection of Principal, Vice Principal and Admin Officer for Sainik Schools.
(f) Certified copy of administrative experience of Principal, Vice Principal and Admin Officer at Sainik School Goalpara.
(g) Certified copy of qualification for selection of Principal & Vice Principal for Sainik Schools as per CBSE guidelines.
(h) Certified copy of SOP for Principals, Vice Principals and Admin Officers on deputation.
(i) Certified copy of leave details of Principal, Vice Principal and Admin Officer showcasing their dedication and devotion towards Sainik School Goalpara and its cadets..
(j) Certified copy of No Encroachment of Land certificates sent to higher authorities.
(k) Certified copy of the accounting procedure of trees available on the Sainik School Goalpara.
(l) Certified copy of SOP on food tasting.
(m) Certified copy of the register reflecting the number of classes taken by Principal and Vice Principal to motivate cadets to join NDA, NA & INA in last one year.
(n) Certified copy of efforts made by Principal and Vice Principal to enhance NDA, NA & INA entry.
(o) Certified copy of the assessment of the performance of teachers trained by FDRC New Delhi & IITE Gandhinagar.
3. Please refer to the CIC Decision No. CIC/SG/A/2009/000740/3456 dated 28 May 2009 to understand the volume of information to be provided without declaring it voluminous."
The CPIO furnished a point-wise reply to the Appellant on 11.03.2023 stating as under:
Page 2 of 5"Para 2(a). Information denied under Section 8 (1) (j) of RTI Act 2005 as third party information.
Para 2(b). Information denied under Section 8 (1) (j) of RTI Act 2005 as third party information.
Para 2(c). Information denied under Section 8 (1) (j) of RTI Act 2005 as third party information.
Para 2(d). Information not held with this office. Para 2(e). Information denied under Section 8 (1) (j) of RTI Act 2005 as third party information.
Para 2(f). Information denied under Section 8 (1) (j) of RTI Act 2005 as third party information.
Para 2(g). Information denied under Section 8 (1) (j) of RTI Act 2005 as third party information.
Para 2(h). Information not available. Para 2(i). Information denied under Section 8 (1) (j) of RTI Act 2005 as third party information.
Para 2(j). Information denied under Section 8 (1) (j) of RTI Act 2005 as third party information.
Para 2(k). Information denied under Section 8 (1) (j) of RTI Act 2005 as third party information.
Para 2(l). Information not available. Para 2(m). Information not available. Para 2(n). Information not available. Para 2(0). Information denied under Section 8 (1) (j) of RTI Act 2005 as third party information."
Being dissatisfied, the appellant filed a First Appeal dated 14.04.2023. The FAA vide its order dated 09.05.2023, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Shri Pinaki Maulik, CPIO, attended the hearing through VC.
The Appellant stated he has not received the relevant information as sought in the instant RTI Application.Page 3 of 5
The Commission interjected and asked the Appellant to readout the contents of his RTI Application, the Appellant submitted that he is not aware of it and has not brought the relevant file with him to plead the case.
The Respondent submitted that a suitable reply in terms of RTI Act has been given to the Appellant vide letter dated 11.03.2023.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant in the instant RTI Application is merely seeking information pertaining to Rules and SOP's and blanket denial of information by the Respondent vide dated 11.03.2023, under Section 8 (1) (j) of the RTI Act is not appropriate except for point No. 2 (i) and 2 (o) of the RTI Application. Wherever, the exemption is claimed by the CPIO, the same must be justified with reasons. Hence, the Commission deems it fit to direct the CPIO to revisit the RTI Application and provide a revised and point wise reply qua the instant RTI Application by furnishing the permissible information to the Appellant through speed post as well as through email, within six weeks from the date of receipt of this order. While complying with the above direction, the CPIO is at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 of the RTI Act read with Section 10 of the RTI Act.
The FAA shall ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 4 of 5 Copy To:
THE FAA, Sainik School Goalpara, PO - Rajapara, Dist. - Goalpara, Assam - 783133 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)