Central Information Commission
Ms.Surinder Kaur vs Ministry Of Human Resource Development on 26 July, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi-110067
Tel: +91-11-26105682
File No.CIC/DS/A/2011/002695/RM
Appellant: Ms. Surinder Kaur, Pathankot,
Punjab
Public Authority: Kendriya Vidyalaya Sangathan,
Regional Office, Jammu Region
Date of Hearing: 26.7.2012
Date of decision: 26.7.2012
Heard today, dated 26.7.2012 through video conferencing.
Appellant is present.
The Public Authority is represented by Shri A.S.Gill, Assistant
Commissioner/PIO, KVS Jammu along with Ms Tejinderpal Kaur, Principal, KV
No.3, Pathankot and Shri Raju from Regional Office, Jammu.
The above parties were heard and records perused.
FACTS
Vide RTI dated 9.2.11, the appellant makes a reference to theft of answer sheets and had sought the following information:
i. Information regarding Action Taken Report in response to letter dated 22.12.10.
ii. Names of members of Investigating Committee/report of the Committee along with documentary proof; and iii. Orders and rules/authority directing conduct of re-examinations.
2. PIO Jammu vide letter dated 22.3.11, informed appellant that answers to query no. i. and ii will be provided by the Principal KV No.3, Pathankot.
3. Principal, KV, Pathankot, vide letter dated 29.3.11 informed appellant that as per CCS (CCA) Rules, preliminary enquiry report/fact finding enquiry is confidential in nature and covered under clause 8(1)(9) and (j) of the RTI Act and cannot be disclosed.
4. An appeal was filed on 16.4.11.
5. AA Jammu vide order dated 16.5.11, upheld the decision taken by the CPIO and Principal KV No.3 and disposed of the appeal.
6. Not satisfied with the response, she filed the present appeal.
7. The appellant submitted that some answer sheets relating to English paper were missing. In this connection, the Principal had asked for her comments in a questionnaire. This questionnaire was submitted by her to the Principal on 22.12.10. She further submitted that she was wanting a copy of enquiry report as the principal has made some remarks in her ACR on the issue of the missing papers and she wishes to clear her name.
8. Smt T.P.Kaur, Principal, KVS 3, Mamun, Pathankot explained that her letter dt 29.3.11 to the appellant had been issued as per directions from KVS Delhi. Shri Raju from Regional Office, KVS Jammu, submitted that the enquiry was completed in May 2011 while her RTI was dt 29.3.11 and hence at that point of time, she could not have been provided a copy of the report.
DECISION
9. Since the RTI is dt 29.3.11 and as per submissions of PIO, the enquiry was completed in May 2011, the Commission directs CPIO to furnish a copy of the enquiry report to the appellant within three weeks from the date of receipt of the order, subject to the provisions of Section 10 of the RTI Act.
The appeal is disposed of.
Sd/-
(Rajiv Mathur) Central Information Commissioner Copy to :
Ms Surinder Kour Plot No. 126 R/10/3, Shapur Kandi Road, Focal point GHO, Tehsil Pathankot District.Gurdaspur Punjab.
The Education Officer & CPIO Kendriya Vidyalaya Sangathan Regional Office, Government Hospital Road, Gandhinagar, Jammu - 180004 The Assisstant Commissioner & Appellate authority Kendriya Vidyalaya Sangathan Regional Office, Government Hospital Road, Gandhinagar, Jammu - 180004 (Raghubir Singh) Deputy Registrar 5