Central Information Commission
Mr. Kanhyia Lal vs Directorate Of Education, on 29 May, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/000713/3494
Appeal No. CIC/SG/A/2009/000713
Relevant Facts emerging from the Appeal
Appellant : Mr. Kanhyia Lal
H.No. B-47, Madipur Colony,
New Delhi-110063
Respondent : Mrs. Indira Rani Singh
Public Information Officer/DDE(W-B)
Directorate of Education,
G-Block,
Vikaspuri, Delhi.
RTI application filed on : 19/12/2008
PIO replied : 19/01/2009
First appeal filed on : 28/01/2009
First Appellate Authority order : 27/02/2009
Second Appeal received on : 08/04/2009
Information sought: -
The appellant in his RTI application has sought information
a) Whether it is fact that, the applicant sent two requests under RTI Act-2005 dt. 01-09- 2008 and 20-10-2008?
b) If the APIO had already sent reply to these letters? If yes, then please provide certify copy of the diary dispatch and postal proof.
c) The APIO sent another reply to the under signed vide office letter no DDE/WB/RTI/ID-85/2008/609 dated 05.12.2008. Please provide certify copy of the diary dispatch and postal proof.
d) If the APIO has already sent the reply to the under signed for request letter under RTI Act-2005 dated 20.09.2008 under your office letter no DDE/WB/RTI/ID-92/2008/551 dated 06-10-2008 then please provide certify copy of the diary dispatch and postal proof.
e) If the APIO has already sent the reply to the under signed for request letter under RTI-
2005 dated 20.09.2008 under her reply vide office letter no. DDE/WB/RTI/ID- 92/2008/611 dated 05.12.2008 then please provide certify copy of the diary dispatch and postal proof.
f) Has your education department issued any guideline regarding for Govt. Schools to release/issue the admission to the students for 11th class? If yes please provide me the certify copy of the rules in this regards.
g) On which date the admission for 11th class for the year 2008-09 has been started in Govt. Co-Ed. School, B-4, Paschim Vihar, New Delhi? If yes then please provide certified copy of the details of the students (stream-wise).
h) What was the last date to get the admission in 11th class for the year 2008-09 in Govt. Co-ed. School, B-4, Paschim Vihar, New Delhi.
i) Under whose permission can a student (who is not a compartmental student) get his/her admission in class 11th after close of the admission date?
j) What is the meaning of Higher Competent Authority in Deptt. of Education, Govt. of NCT of Delhi? Who appoints on this post and what are their roles? Who is presently working on this post in the said school. How many students have been approved by this authority? List of all the Higher Competent Authority and certified copy of all the relevant documents.
k) What the department of Education, Govt. of NCT of Delhi has already appointed the Higher Competent Authority at all schools in Delhi to look after the admission cases and allow to issue/release a new admission in class 11th for the year 2008-09 after close of the admission date? Name and designation of the authority who is permissible to do this and certified copy of the rules.
l) What are the names, designation and addresses of the higher competent authority who are recommended the admission for those students who have got their admission after close of the admission date in the said school? Are they appointed by the Department of Education, Govt. of Delhi? Give the certified copy of the rules.
m) What is the transfer policy of Education Department, Govt. of NCT of Delhi, regarding transfer of Dy. Directors/ Officer/Teachers/Staff? May please provide me the readable certify copy of the rules in this regards.
n) Is it possible for a staff/ teacher/ officer/ Deputy Director, who have transferred and can move back on the basis of new transfer order at same location as they are posted in earlier? If yes, please provide the time period moved to their previous post.
The PIO's Reply:
Not Mentioned The First Appellant Authority's Order:
The First Appellant Authority ordered, "After going through the application, appeal and the reply of the PIO, I am of the view that the reply of the PIO is appropriate; therefore no further directions to the PIO are required."
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent Respondent: Mr. Samir. C. Minz PIO-H.Q. and Mrs. Indira Rani Singh, Dy.Director The PIO states that he received the RTI application on 23/12/2008 and provided the information on 19/01/2009. However, the answers to queries 1,2, & 3 would be available with Mrs. Sunita Kaushik Regional Director(North), Government of NCT of Delhi, Directorate of Education, RTI Cell, Room no.252, Old Secretariat, Delhi - 110054. The PIO has sought assistance of Mrs. Sunita Kaushik Regional Director (North) on 07/01/2009 and again sent reminders on 19/01/2009, 22/04/2009 and finally on 19 May 2009. However Mrs. Sunita Kaushik RD(North) has sent no response and hence he has been unable to reply. The PIO has also produced before the Commission a file noting of Mrs Suinita Kaushik on 21/05/2009 in which she appears to be objecting to the information being sought from her, since she is a First Appellate Authority. All authorities and officers who hold information are duty bound to provide the information when a PIO seeks assistance under Section 5(4). Any public servant no matter how high, will have to provide the assistance so that the PIO can discharge his duty under the RTI act.
Decision:
The appeal is allowed.
The deemed PIO Mrs. Sunita Kaushik RD(North) is directed to send the information directly to the appellant with a Copy to the Commission before 15 June 2009.
The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed PIO Mrs. Sunita Kaushik RD(North) 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. It appears that the PIO's actions attract the penal provisions of Section 20 (1) . A showcause notice is being issued to her, and she is directed give her reasons to the Commission to showcause why penalty should not be levied on her.
She will present herself before the Commission at the above address on 6 July 2009 at 5.00pm alongwith her written submissions showing cause why penalty should not be imposed on her as mandated under Section 20 (1). She will also submit proof of having given the information to the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 29 May 2009 (In any correspondence on this decision, mentioned the complete decision number.) (GJ) Copy:
Mrs. Sunita Kaushik Regional Director(North), Government of NCT of Delhi, Directorate of Education, RTI Cell, Room no.252, Old Secretariat, Delhi - 110054