Central Information Commission
Mr.S.R.Kaushik vs New Delhi Municipal Council on 24 June, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/WB/A/2009/000253/SG/3837
Appeal No. CIC/WB/A/2009/000253/SG
Relevant Facts emerging from the Appeal:
Appellant : Mr.S.R.Kaushik
S/o Shri Jagan Nath Kaushik
V& PO Sukhrali,
Gurgaon, Haryana.
Respondent : Mr. P.P. Sharma
PIO (Vigilance) New Delhi Municipal Council Vigilance Department, Palika Kendra, New Delhi.
RTI application filed on : 10/09/2008 PIO replied : 19/09/2008 First appeal filed on : 22/10/2008 First Appellate Authority order : 18/11/2008 Second Appeal received on : 24/12/2008
The Appellant had sought following information under Right to Information Act 2005 that he was issued a "censure" vide letter number 119/PB/Vig./2008/IOV-VI dt. 16/05/2008:-
Sl. Information sought PIO's reply
1. Name, Address, Telephone Number and Not available Designation of the complainant.
2. Name, Address. Telephone Number and Sh.R.C.Meena who was the Director(Edn.) Designation of the person/Officer who received and has since been repatriated to his parent the complaint. office.
3. Nature of complaint and against whom the Complaint was about beating of a child by complaint was lodge. a teacher named Sh.S.R.Kaushik.
4. Written statement of the child/student. -Information had already been supplied-
5. Written statements of the parents of the -Information had already been supplied-
child/student.
6. Written statement of Head of School. -Information had already been supplied-
7. Written statement of IO/DEO(G). -Information had already been supplied-
8. Name of the person who took the child/students Copy of Medical report had been supplied.
for Medical Examination along with the copy of Rest not available. medical report.
9. Medical certificate of the child issued by the Provided.
hospital after the so called punishment.
10. Statement/Report submitted by the Director The documents relating to Vigilance Education/Director vigilance about the incident to enquiry cannot be disclosed. the chairperson.
11. Statement of the witnesses whose statements were Enclosed.
recorded/taken in the case.
12. Photocopy of order of the competent authority to As in (10) above investigate the matter by Director (Edn.) and Director (vig.) by visiting the child's home after duty hours.
13. The time of reaching the student's house for -do-
investigation by the Officials.
14. How many persons were there who visited the -do-
house of the child/student for the investigation? Provide written statement of the child recorded by the officials at that time.
15. Photocopy of the noting portion of the whole -do-
incidence till the penalty was imposed to the Appellant.
Grounds for First Appeal:
Unsatisfactory and incomplete reply in regard of queries no. 1, 10, 12, 13, 14, 15. Order of the First Appellate Authority:
FAA had given order regarding Appellant's RTI Application ID No. 534(Vig.) dt. 10.09.208 "Record, which is not available, as intimated vide information to S.No. 1 of aforesaid ID, cannot be created and made available. Further, I have also noted that the information demanded at S.No. 12 of aforesaid ID, is also not available, hence cannot be crated and supplied. I also agree which the PIO(Vig.) that "Investigation Report", as demanded by the Appellant at S.No. 10 of aforesaid ID cannot be disclosed to Appellant and I find there was no statement of either Director(Edn.) and Director(Vig.), hence it cannot be supplied. I also agree with the PIO(Vig.) that the information demanded at S.Nos 13 and 14 of aforesaid ID cannot be supplied as it is part of Investigation Report. In respect of the information demanded at S.No. 15 of aforesaid Id, which contains investigation/recommendations etc., therefore, cannot be disclosed."
Grounds for Second Appeal FAA did not provide the desired information and also withhold information Relevant Facts emerging during Hearing:
The following were present Appellant: Mr.S.R.Kaushik Respondent: Mr. P.P. Sharma, PIO The PIO will give the following information to the appellant: 1- Name & Designation of the person who took the child for Medical Examination. 2- File notings relating to the matter consisting of 27 pages.
Decision:
The appeal is allowed.
The information will be given to the appellant before 30 June 2009.
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 cost as per Section 7(6) of RTI Ac.
Shailesh Gandhi Information Commissioner 24 June 2009 (In any correspondence on this decision, mentioned the complete decision number.) (AK)