Central Information Commission
Mr.Ram Chander vs Government Of Nct Of Delhi on 6 December, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003148/10306
Appeal No. CIC/SG/A/2010/003148
Relevant Facts emerging from the Appeal
Appellant : Mr. Ram Chander
A-73, Shyam Vihar Phase 1,
Goyla Mod, Najafgarh, New Delhi-48
Respondent : PIO/DDE (South)
C-Block, Defence Colony,
New Delhi-24
RTI application filed on : 07/07/2010
PIO replied : No reply
First appeal filed on : 03/09/2010
First Appellate Authority order : 23/09/2010
Second Appeal received on : 09/11/2010
Information sought:
Information with regard to Sanwal Das Memorial School, KMP, New Delhi-3
1. Whether Parents / Teachers Association has been constituted in the School as per the guide lines issued by the Directorate of Education (Act Branch) vide No 1913 dated 12-04-2010. If yes, copy of the newly constituted Executive Committee members as per the newly guide lines issued on dated 12-04-2010 was to be provided
2. A copy of the circular referred to under Para 1 above was also forwarded to all the Deputy Directors with direction to ensure that a copy is served to all un-aided recognized schools under their jurisdiction against proper acknowledgement Copy of the letter, forwarding the said instructions to the School for compliance along with the proper acknowledgement received in the office of the DDE(S) was to be provided.
3. A copy of "Inspection Report" (along with all enclosures) called for vide letter No. DE 50/Recg. SDMS/2001-02/11084 dated 9-11-2001 from Mrs. Rita Sharma EO Zone-25 (5).
4. Whether 6th Pay Commission has been implemented to the teachers and staff of the school
5. Whether Form-1S are being issued to the teachers and staff of the school for the purpose of calculating Income Tax. A copy of F-16 in --- Principal may also be provided.
Reply of the PIO:
No reply was given by the PIO.
Grounds for the First Appeal:
The PIO did not reply even after the lapse of 30 days.
Order of the First Appellate Authority (FAA):
"The Appellant is not present. E.O. Zone-24 is present. The appellant vide his 1st Appeal dated 03/09/2010 has complained that he has not received any information from PIO/DDE(South) in response to his RTI application dated 09.07.2010 submitted in the office of PIO/DDE(South). DDE/PIO(South) is directed to provide the correct and complete information as required by the appellant in his above RTI application within 05 days free cost.
EU. Zone-24 is also directed to be careful in future and to ensure that the information is provided to the appellant within stipulated period."
Grounds for the Second Appeal:
Non compliance of FAA's order by the PIO.
Decision:
The appellant states that no information was provided to him by the PIO. The RTI application was filed on 0707/2010 hence the information should have been provided before 07/08/2010. Inspite of the categorical order of the FAA, information was not provided by the PIO. The PIO has not claimed any exemption under Section 8 (1) of the RTI application, hence it appears to be a denial of information without any reasons. The Appeal is allowed.
The PIO is directed to provide the complete information as per the records to the appellant before 25 December 2010.
From the facts before the Commission it appears that the PIO is 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. He has further refused to obey the orders of his superior officer, which raises a reasonable doubt that the denial of information may also be malafide. The First Appellate Authority has clearly ordered the information to be given.
It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
He will give his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1) before 30 December, 2010. He will also send the information sent to the appellant as per this decision and submit speed post receipt as proof of having sent the information to the appellant.
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 6 December 2010.
(In any correspondence on this decision, mention the complete decision number.) (VMK)