Central Information Commission
Mr.Shashi Agrawal vs Government Of Nct Of Delhi on 28 March, 2012
In the Central Information Commission
at
New Delhi
File No:
CIC/AD/C/2012/000161, CIC/AD/C/2012/000162, CIC/AD/C/2012/000164
CIC/AD/C/2012/000165, CIC/AD/C/2012/000166, CIC/AD/C/2012/000168
CIC/AD/C/2012/000173, CIC/AD/C/2012/000175, CIC/AD/C/2012/000163
CIC/AD/C/2012/000174.
Date of Hearing : March 28, 2012.
Date of Decision : March 28, 2012.
Parties:
Applicant
Shri Shashi Aggawal
House No. 127,
Pocket F - 24
Sector - 3
Rohini
Delhi - 110 085.
Applicant's representative was present.
Respondent(s)
Directorate of Education
O/o the Education Officer, Zone VIII
DNW(B) SCSD SV
Sector IX
Rohini.
Delhi - 110 085.
Representative : Shri D K Bhatia, ADE, NWB
Shri N D Yadav, Principal
Shri C K P Nandu, DEO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No:
CIC/AD/C/2012/000161, CIC/AD/C/2012/000162, CIC/AD/C/2012/000164
CIC/AD/C/2012/000165, CIC/AD/C/2012/000166, CIC/AD/C/2012/000168
CIC/AD/C/2012/000173, CIC/AD/C/2012/000175, CIC/AD/C/2012/000163
CIC/AD/C/2012/000174.
ORDER
Background.
CIC/AD/C/2012/000161.
1. The RTI application dated 17.6.11 was filed by the Applicant with the PIO, Directorate of Education, District North West B, Delhi seeking certified copy of the complete file including noting side of file No. DE4/1/EIV/Court Case/297/2010, certified copies of the letters dated 3.5.11, 13.5.11 and their reminders if any on the subject CP© No. 727/2010 in O A No.3087/2003 in the matter of title Shashi Aggarwal & Oth. Vs GNCTD received in the office and the certified copies of the file with noting side and Action taken report on the each letter mentioned. The Office of Deputy Director of Education, District North West (B) replied on 11.7.11 enclosing the replies received from the PIO, O/o Education Officer Zone XIII, DNW(B) dated 6.7.11 and from the HOS, Govt Sarvodaya Co.Ed Vidyalaya, Sector 3, Rohini, Delhi dated 4.7.11. Not satisfied with the reply the Applicant filed a complaint with the Commission stating that the information provided is vague and misleading and requesting for complete and point wise information.
CIC/AD/C/2012/000162.
2. The RTI Application dated 17.6.11 was filed by the Applicant with the PIO, Directorate of Education, District North West B, Delhi seeking the following information.
1) Provide the names of the staff member/s page wise with their post & qualification who made entries in the file movement register.
2) Provide the names of the staff member/s with their post, qualification who prepared replies of RTI Applications
3) Provide the names of the staff member/s page wise with their post, qualification who made entries in the Dairy Register.
4) Provide the names of the staff member/s page wise with their post, qualification who made entries in the dispatch register.
5) Provide specimen sample of Handwriting of the staff members who generally deal with the maintenance of dairy, dispatch, file movement register.
The PIO/DDE, N.WB replied on 11.7.11 enclosing the replies received from the PIO, O/o Education Officer Zone XIII, DNW(B) dated 6.7.11 and from the HOS, Govt Sarvodaya Co.Ed Vidyalaya, Sector 3, Rohini, Delhi dated 4.7.11. Not satisfied with the replies the Applicant filed a complaint with the Commission stating that the information provided is vague and misleading and requesting for complete and point wise information.
CIC/AD/C/2012/000164
3. The RTI application dated 17.6.11 was filed by the Applicant with the PIO, Directorate of Education, District North West B, Delhi seeking certified copies of the complaints received and diarized, against the school authorities of GSV Sector 3 w.e.f. 1.10.2010 to till date at Zonal level and the certified copies of the files (including noting side) prepared related to point no.1. The PIO/DDE, N.WB replied on 26.8.11 replies received from the PIO, O/o Education Officer Zone XIII, DNW(B) dated 24.8.11 and from the HOS, Govt Sarvodaya Co.Ed Vidyalaya, Sector 3, Rohini, Delhi dated 24.8.11. Not satisfied with the reply the Applicant filed a complaint with the Commission stating that the information provided is vague and misleading and requested for complete and point wise information.
CIC/AD/C/2012/000165
4. The RTI application dated 17.6.11 was filed by the Applicant with the PIO, Directorate of Education, District North West B, Delhi seeking the certified copies of the complaints received and diarized against the school authorities of GSV, Sector 3 w.e.f. 1.10.10 to till date at district level and certified copies of the files (including noting side) prepared related to point 1. The PIO/DDE, N.WB replied on 26.8.11 enclosing the replies received from the PIO, O/o Education Officer Zone XIII, DNW(B) dated 18.8.11 and from the HOS, Govt Sarvodaya Co.Ed Vidyalaya, Sector 3, Rohini, Delhi dated 17.8.11. Not satisfied with the reply the Applicant filed a complaint with the Commission stating that the information provided is vague and misleading and requested for complete and point wise information.
CIC/AD/C/2012/000166
5. The RTI application dated 17.6.11 was filed by the Applicant with the PIO, Directorate of Education, District North West B, Delhi seeking the certified copies of the file with noting side of her complaint against DDO P.N.Khohli and Principal R C Yadav for misuse of official power and corruption dealt in vigilance branch of DDE (NW). The PIO/DDE, N.WB replied on 24.8.11 enclosing the replies received from the PIO, O/o Education Officer Zone XIII, DNW(B) dated 20.8.11 and from the HOS, Govt Sarvodaya Co.Ed Vidyalaya, Sector 3, Rohini, Delhi dated 19.8.11. Not satisfied with the reply the Applicant filed a complaint with the Commission stating that the information provided is vague and misleading and requested for complete and point wise information. CIC/AD/C/2012/000168
6. The RTI application dated 17.6.11 was filed by the Applicant with the PIO, Directorate of Education, District North West B, Delhi seeking the certified copies of the file (developments after 1.4.11 to till date) vide no. 127 dated 18.11.2010 of GSV - 3 with noting side in which Sh. N D Yadav made allegation on her for missing service books and also the certified copies of the enquiry report submitted by the enquiry officer including file noting and documents on the basis of which he concludes his report till date in the matter of missing service books of three staff members of GSV 3 Rohini, Delhi. The PIO/DDE, N.WB replied on 11.7..11 enclosing the replies received from the PIO, O/o Education Officer Zone XIII, DNW(B) dated 6.7..11 and from the HOS, Govt Sarvodaya Co.Ed Vidyalaya, Sector 3, Rohini, Delhi dated 4.7.11. Not satisfied with the reply the Applicant filed a complaint with the Commission stating that the information provided is vague and misleading and requested for complete and point wise information.
CIC/AD/C/2012/000173
7. The RTI application dated 17.6.11 was filed by the Applicant with the PIO, Directorate of Education, District North West B, Delhi seeking the name of the HOS of the GSV 3 whose ID & password used for the Preparation of bill and other misc. works of the school at the level of HOS from the date (6.9.10) of relieving of Sh. R C Yadav to the date on which Sh N D Yadav declared HOS and also provide the copy of order in which Sh N D Yadav declared HOS, guidelines/rules mandatory for the user of ID & Password of HOS of a school, the log on and off timings day wise from 1.1.2010 to till date of ID of HOS of GSV3 with details of IP Address of Computer system from where it logged on and certified copies of the MOU, agreement of tender, terms & conditions of service between Dte of education and Computer company (service provider in Govt schools). The PIO/DDE, N.WB replied on 5.8.11 enclosing the replies received from the PIO, O/o Education Officer Zone XIII, DNW(B) dated 3.8.11 and from the HOS, Govt Sarvodaya Co.Ed Vidyalaya, Sector 3, Rohini, Delhi dated 15.7.11. Not satisfied with the reply the Applicant filed a complaint with the Commission stating that the information provided is vague and misleading and requested for complete and point wise information.
CIC/AD/C/2012/000175
8. The RTI application dated 17.6.11 was filed by the Applicant with the PIO, Directorate of Education, District North West B, Delhi seeking the certified copies of the file sent by the school authorities of GSV3 vide file no. 125 dated 15.11.2010, certified copies of the file sent by the school authorities of GSV3 vide file no. 121 date overwritten, and the name of the HOS of the GSV3 fro the date of relieving of Sh. R C Yadav 6.9.11 to the date on which Sh N D Yadav declared HOS and also provide the copy of the order in which Sh Yadav declared HOS. The PIO/DDE, N.WB replied on 24.8.11 enclosing the replies received from the PIO, O/o Education Officer Zone XIII, DNW(B) dated 18.8.11 and from the HOS, Govt Sarvodaya Co.Ed Vidyalaya, Sector 3, Rohini, Delhi dated 18.8.11 and the copy of the order from the O/o Directorate of Education, Old Sectt.Delhi dated 10.11.10. Not satisfied with the reply the Applicant filed a complaint with the Commission stating that the information provided is vague and misleading and requested for complete and point wise information.
CIC/AD/C/2012/000163
9. The RTI application dated 17.6.11 was filed by the Applicant with the PIO, Directorate of Education, District North West B, Delhi seeking the following information.
1) Certified copies of the rules mandatory to follow while maintenance of dairy, dispatch, and file movement register of a government school under Dte. Of Education.
2) Certified copies of the orders/rules in which provisions has been made that dairy or dispatch no can be maintained in manner like s.no.1, 1a, 2, 3, 4, 5, 5a.
3) Certified copies of appropriate procedure ofl maintaining these registers.
4) Provisions of rule applicable/applicable action if any government employee violates the appropriate procedure as described under law/rules.
5) Certified copies of procedure for sending files from school to next higher officer.
6) Certified copies of the orders in which provision has been made that without entering in file movement register school can move files to higher authorities or there is provision that some specific files to be enter in file movement register and rest of the files can be sent directly without entering in file movement register.
7) The details of file/issues/matters in which it is mandatory to move the file to higher authorities after making proper entry in the file movement register.
The PIO/DDE, N.WB replied on 11.711 enclosing the replies received from the HOS, Govt Sarvodaya Co.Ed Vidyalaya, Sector 3, Rohini, Delhi dated 4.7.11. The DDE,NW.B/PIO also replied on 23.7.11 enclosing the information received from the Supdt (Admn). Dated 21.7.11. Not satisfied with the reply the Applicant filed a complaint with the Commission stating that the information provided is vague and misleading and requested for complete and point wise information. CIC/AD/C/2012/000174.
10. The RTI application dated 17.6.11 was filed by the Applicant with the PIO, Directorate of Education, District North West B, Delhi seeking the certified copies of the order/rule under which Principal Sh. N D Yadav used his power for making entry in her relieving order without even outcome of enquiry, certified copies of the reasons based upon Sh ND Yadav made the entry in the relieving order of Shashi Aggarwal and the certified copies of the duties, powers, discretionary powers, financial powers, administrative directive mandatory for the Principals of Dte.Education. The PIO/DDE, N.WB replied on 11.7.11.11 enclosing the replies received from the HOS, Govt Sarvodaya Co.Ed Vidyalaya, Sector 3, Rohini, Delhi dated 4.7.11. Not satisfied with the reply the Applicant filed a complaint with the Commission stating that the information provided is vague and misleading and requested for complete and point wise information. Decision.
11. The Commission having noted that the Applicant has not exhausted the first Appellate channel available to him in any one of the above cases, and has directly approached the Commission in a complaint against the PIO, remands the cases back to the Appellate Authority with the direction that he consider the complaint as a first appeal and dispose off the same after holding a hearing with the Applicant for all the cases and to issue a speaking order for each case (or combined), by the end of April 2012.
12. The complaints are disposed off with the above direction.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar
1. Shri Shashi Aggawal House No. 127, Pocket F - 24 Sector - 3 Rohini Delhi - 110 085.
2. The Public Information Officer Directorate of Education O/o the Education Officer, Zone VIII DNW(B) SCSD SV Sector IX Rohini.
Delhi - 110 085.
3. The Appellate Authority Directorate of Education O/o the Education Officer, Zone VIII DNW(B) SCSD SV Sector IX Rohini.
Delhi - 110 085.
4. Officer In charge, NIC.
In case, the Commission's above directives have not been complied with by the Respondents, the Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTI Act, giving (1) copy of RTI application, (2) copy of PIO's reply, (3) copy of the decision of the first Appellant Authority, (4) copy of the Commission's decision, and (5) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Appellant may indicate what information has not been provided.