Central Information Commission
Shamshir Khan vs Department Of School Education And ... on 22 February, 2023
CIC/DSELI/C/2021/698809
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/DSELI/C/2021/698809
In the matter of:
Shamshir Khan ... िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Assistant Secretary(Affiliation),
Central Board Of Secondary
Education, "Shiksha Kendra", 2,
Community Centre, Preet Vihar,
Delhi - 110092
Relevant dates emerging from the Complaint:
RTI Application filed on : 08.05.2020
CPIO replied on : 25.05.2020
First Appeal filed on : 18.06.2020
First Appellate Authority order : Undated
Complaint received on : 05.01.2021
Date of Hearing : 31.05.2022
Date of Adjunct Decision : 22.02.2023
The following were present:
Complainant: Shri. Shamshir Khan was heard over the phone.
Respondent: Smt. Seema Khakha, Assistant Secretary & CPIO(Affiliation),
participated in the hearing in person
Page 1 of 9
CIC/DSELI/C/2021/698809
ORDER
Information Sought:
The Complainant filed an online RTI application dated 08.05.2020 seeking information on the following three points:
"Please provide the following information about CBSE Foreign School (Affil. Code 5730006).
1) Clause 2.5.1 of CBSE Affiliation Bye Laws is valid for this school as well.
2) Can Embassy of India in Riyadh made a rule for this school which is contradictory with the regulation of Saudi Arabia.
3) Can Embassy appoint an external authority (called Higher Board) above School Management Committee which is not established within the legal and administrative framework of Saudi Arabia."
The CPIO vide online reply dated 25.05.2020, informed to the Complainant as under:
"1, 2, 3: Reference has been taken on records, information will be provided under the norms of RTI Act 2005."
Being dissatisfied, the Complainant filed a First Appeal dated 18.06.2020. The First Appellate Authority vide order dated 28.09.2020, informed as under:
"I have gone through the appellant's request received in this office on 08.05.2020. As per available records taking reference of information the appellant was informed vide PIO's letter dated 25.5.2020 through Page 2 of 9 CIC/DSELI/C/2021/698809 online mode. However, on perusal of present appeal request PIO is asked to look into the matter under the true of RTI Act 2005 and inform the appellant within 15 days of issue of this letter in r/o information sought."
Grounds for Complaint:
The Complainant filed a Complaint u/s 18 of the RTI Act on the ground of unsatisfactory reply furnished by the Respondent. Complainant requested the Commission to direct the CPIO to provide the information sought for and take necessary action against the Respondent.
Submissions made by Complainant and Respondent during Hearing:
The Complainant submitted that he has not received any information with respect to his RTI Application even after filing of First Appeal and till date no endeavor has been made by the respondent to furnish information as sought by the Complainant.
The Commission queried the respondent as to why the instant RTI Application has not been attended within a stipulated time frame, to which the respondent could not provide a sufficient cause for such inordinate delay. Furthermore, the Commission remarked that no final reply has been furnished to Complainant so far, and upon being queried by the Commission for a sufficient cause for not providing any information as sought in the instant RTI Application and for not complying with the First Appellate Authority Order, the respondent failed to provide a cogent response.Page 3 of 9
CIC/DSELI/C/2021/698809 A written communication has been sent to the Complainant by the respondent vide letter dated 26.05.2022 wherein the Complainant has been apprised as under:
A written submission has been received by the Commission from Smt. Seema Khakha, Assistant Secretary & CPIO (Affiliation) vide letter dated 28.05.2022, and the same has been marked to the Complainant wherein the Commission has been apprised as under:Page 4 of 9
CIC/DSELI/C/2021/698809 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the instant matter is a complaint filed under Section 18 of the RTI Act. Hence, the only adjudication required to be made by the Commission is to determine if the information has been denied with a mala fide intention or unreasonable cause to the information seeker. Since the Respondent has provided a reply at the stage hearing of second appeal and no reasonable cause has been provided by the respondent for such inordinate delay, it raises a doubt of mala fide intent.
Therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause notices to the CPIO, CBSE for providing such delayed reply to the Complainant.Page 5 of 9
CIC/DSELI/C/2021/698809 If the onus of the above delinquent conduct lies with the "then CPIO", the present CPIO shall serve a copy of this decision to the then CPIO and the then CPIO shall explain in writing as to why action should not be initiated against him/her under Section 20(1) and 20(2) of the RTI Act for the foregoing reasons.
The present CPIO is directed to ensure that under all circumstances, written submissions of the delinquent CPIO should reach the Commission within 30 days from the date of receipt of this order, failing which ex-parte action may be initiated against the delinquent official/s as well as the present CPIO. With the above observations, the complaint is disposed of. Copy of the decision be provided free of cost to the parties.
The complaint, hereby, stands disposed of.
ADJUNCT DECISION [22.02.2023] In compliance with the direction of the Commission vide order dated 25.08.2022, Smt. Seema Khakha, Assistant Secretary & PIO (Affiliation), CBSE, vide her written explanation dated 13.07.2022, informed the Commission as under:Page 6 of 9
CIC/DSELI/C/2021/698809 On the basis of the written explanation provided by the Respondent vide letter dated 13.07.2022, it is observed that the respondent provided adequate information qua the instant RTI Application on the basis of available records in their office vide letter dated 26.05.2022 and the reasons for the delay Page 7 of 9 CIC/DSELI/C/2021/698809 occurred in providing the above-said reply was COVID-19 pandemic situation prevailing at that point of time because of which the instant case was got filed in the serial of RTI Applications and Appeals of some other cases and hence, the Commission cannot attribute any mala fide against the answering Respondent and accordingly, the Commission deems it expedient to drop the Show Cause proceedings in the instant matter. Therefore, the Show Cause proceedings are hereby dropped. Copy of the decision be provided free of cost to the parties.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date : 22.02.2023 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 8 of 9 CIC/DSELI/C/2021/698809 Addresses of the parties:
1. The First Appellate Authority (FAA) Central Board Of Secondary Education, "Shiksha Kendra", 2, Community Centre, Preet Vihar, Delhi - 110092
2. The Central Public Information Officer (CPIO) /Assistant Secretary(Affiliation), Central Board Of Secondary Education, "Shiksha Kendra", 2, Community Centre, Preet Vihar, Delhi - 110092
3. Mr. Shamshir Khan Page 9 of 9