Central Information Commission
Sudha vs Gnctd on 30 April, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/GNCTD/A/2023/636300
Sudha .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Office of the Deputy Director of
Education, Zone 27, Distt. Central
Plot No. 5, Jhandewalan, Ashok Hill,
Karol Bagh, New Delhi - 110055. ....प्रनर्वािीगण /Respondent
Date of Decision : 29.04.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 16-09-2022
CPIO replied on : 15-10-2022
First appeal filed on : 16-10-2022
First Appellate Authority's order : 27-04-2023
2nd Appeal/Complaint dated : NIL
Information sought:
The Appellant filed an RTI application dated 16-09-2022 seeking the following information:
"DESIRED INFORMATION FROM 0/0 DDE CENTRAL:
(1) Date of forwarding report in compliance to order numbered F.16/Estate/CVC/ 2021-22/3713-3720 dt. 29-8-22 (copy enclosed on page 4) of Land & Estate Branch.Page 1 of 5
(2) Number of pages of report pertaining to the above mentioned order which was forwarded to Land & Estate Branch.
(3) Dates of visit by DDE Central to Schl Id: 2127034 after 23-1-22 for verification of the claim made by the HOS that no vertical and horizontal infrastructural changes have been made in the school premises. (4) Information regarding speed/registered post consignment number for sending revised reply with annexures to the appellant in compliance to order numbered FAA/RDE(C)/Appeal-300/2022/447 dt. 26-8-22 (copy on page 5).
DESIRED INFORMATION FROM 0/0 ZONE - 27:
(5) Determine number of pages available on record & provide certified copy of letter numbered DDE/Zone-27/C&ND/ASI/2022/22932 dt. 7-6-22 addressed to SDM (Kotwali) and acknowledgement of receipt furnished by ASI. (6) Determine number of pages available on record and provide certified copy of letter numbered KFS/2021-22/87 dt. 28-1-22. (7) Determine number of pages available on record and provide certified copy of letter along with reply of the school which was numbered 2947-48 dt. 26- 10-2019 & forwarded by zonal authorities to ADE GOC. (8) Determine number of pages available on record & provide certified copy of the representations available at pages 15/C to 24/C in file 120/Z-27 dt. 28-4-
22. (9) Determine number of pages and provide certified copy of letter written by DDE CD/ND to ASI authorities as well as acknowledgement of receipt furnished by ASI. (Ref: Draft letter approved by DE vide number 5276/DE dt. 30-6-22 & available in file 1260/CD dt. 7-7-22).
(10) Determine number of pages and provide certified copy of replies received from ASI on letters mentioned on points 5 & 9 above. (11) (a) Provide certified copy of the notesheet of file numbered 120/Z-27 dt. 28-4-22 taken on record after 7-7-22.
(11) (b) Also provide number of pages of notesheet taken on record after 7-7-
22. (12) Information regarding date of despatch & speed/registered post consignment number in r/o online RTI EDUDH/R/2022/62611/2 for which deposit of Rs. 34/- vide online deposit ref: 202225781365725.
Note: If any fees is required to be deposited for obtaining certified copies in r/o queries (5) to (11) then it is requested to provide online link for the same.
DESIRED INFORMATION FROM SCHL ID-2127034:
(12B) Certified copy of the information available as per records regarding non-
applicability of famous legal principle 'ignorance of law is not an excuse' on the current HOS, his predecessor and SMC members of the school.
Page 2 of 5(14) Certified copy of the information available as per records of the school in which it is stated that SMC fund could be spent on a cause which is prohibited by AMASR Act enacted by Parliament.
(15) Certified copy of the information available as per records of the school in which it is stated that SMC members are the competent authority for authorising HOS of the school to undertake construction & repair-renovation work in the prohibited zone of ASI.
(16) Certified copy of the information regarding immunity availble to HOS & Estate Manager of school from punishment under section 30(C) of AMASR Act. (17) Certified copy of the information as per school records in which it is stated that vertical and horizontal changes made in the existing infrastructure of school by former HOS in 2019-20 & 2020-21 are not covered under the definition of 'construction' mentioned in AMASR Act. (18) Certified copy of the information as per school records in which it is stated that payment made for labour charges for erecting walls and removal of existing walls vide bill 234 dt. 26-3-2019 are not covered in definition of 'vertical construction' as mentioned in AMASR Act. (19) Certified copy of the information available as per records of the school in which it is stated that a resident of Panchsheel Park or any other part of India has no 'locus standi' to approach the court against the criminal actions of current HOS and his predecessor.
(20) Information regarding last date of issuance of books with accession number 3225, 3109, 3136 & 3209 from library to the students of the school. (21) Information regarding classwise number of students enrolled in Level 1 & Level 2 of Mission Buniyad.
DESIRED INFORMATION FROM 0/0 DDE EAST:
Reference is drawn towards PGMS numbered 2018110607- (22) (a) copy of the letter dt. 15-11-18 issued by O/o DDE EAST, and (22) (b) date of despatch of letter to Zone-3.
DESIRED INFORMATION FROM 0/0 DDE ZONE-2:
(23) (a) Information regarding number of teachers deployed in 0/0 DDE Zone-2 for performing non-teaching duties causing immense loss to students. (23) (b) Information regarding order number with date regarding assent of competent authority of the Education Department for such deployment of teachers.
DESIRED INFORMATION FROM SECRETARIAT BRANCH, DOE HQ (24) (a) Certified copy of the enquiry report submitted by committee constituted vide order numbered F.8(26)/Sectt. Br./Edn./DDE/Pt.
File/2019/2109-2117 dt. 30-9-2019.
Page 3 of 5(24) (b) Information regarding current status of removal of deficiencies in r/o male employees mentioned at serial number 29 & 130 of circular numbered F. 1(12)/Edn. (Sectt.)/RPU/Misc./1/2019 dt. NIL."
The CPIO furnished a point-wise reply to the Appellant on 15-10-2022 stating as under:
"Point No. 5- The information sought by the applicant comprises of 01 Page. Receipt of letter by ASI is already available on document itself.
Point No. 6 & 7- Copy enclosed.
Point No.8- The no. of pages of information available are 11.
Point No. 9,10,11(a) & 11(b)- The concerned file comprises of 12 note sheet side and 66 correspondence side pages.
Point No. 12- The information was provided online. The copy of acknowledgement comprises of 1 page.
Point No. 12(b) to 21 The information pertaining to school ID 2127034 comprises of 11 pages.
Copy of documents can be obtained by depositing the requisite RTI fee of Rs. 2/- per page either online on RTI MIS portal or in Accounts Branch, District Central/New Delhi, Jhandewalan, New Delhi-110055."
Being dissatisfied, the appellant filed a First Appeal dated 16-10-2022. The FAA vide its order dated 27-04-2023, held as under:-
"I have gone through the appeal filed, RTI application and comments of the PIO (Zone-27). It is seen that the PIO has not submitted anything about the issue raised by the appellant i.e. non- providing of requisite online payment link by the PIO within stipulated time.
The PIO is directed to provide the sought information to the appellant free of cost.
The PIO is further directed to look into the matter personally and to take necessary steps so that the Online Payment Link within the stipulated time could be provided to the applicants in future. Appeal is disposed off."Page 4 of 5
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Decision:
A written request vide e-mail dated 12.04.2024 has been received from the Appellant seeking withdrawal of the instant Appeal.
The Commission after adverting to the facts and circumstances of the case, perusal of the records and taking note of the written submission of the Appellant finds it liable to be dismissed as withdrawn.
Accordingly, the above-mentioned appeal is dismissed as withdrawn.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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