Central Information Commission
Harinder Dhingra vs Ut Of Chandigarh on 19 July, 2018
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CENTRAL INFORMATION COMMISSION
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CENTRAL INFORMATION COMMISSION BHAWAN
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Baba Gangnath Marg, Munirka
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Tel: +91-11-26106140/26179548
Email - [email protected]
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INFORMATION COMMISSIONER : DIVYA PRAKASH SINHA
File No. : CIC/UTOCH/A/2017/142257/SD
Date of Hearing: 18/07/2018
Date of Decision:18/07/2018
Relevant facts emerging from the Appeal:
Appellant : Harinder Dhingra
Respondent : CPIO,
DAV Senior Secondary School,
Lahore, Sector 8-C,
Chandigarh-160009.
RTI application filed on : 08/01/2017
CPIO replied on : 15/02/2017
First appeal filed on : 13/03/2017
First Appellate Authority : 31/05/2017
order
Second Appeal dated : 15/06/2017
Information sought:
The Appellant sought details of duration of stay of Cricket Coach, S.S. Bawa in Cricket Academy of the School and the time period for which he was allowed free accommodation in lieu of being a Hostel Warden of Hari Ram Hostel along with the copies of correspondence with S.S.Bawa after he was sent to jail in a rape case by Hisar Police along with complete correspondence with Sports Authority of India (SAI), with regard to S.S.Bawa being sent to jail while being posted in Gurgaon.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.1
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Tirath Ram, Asstt & Rep. of CPIO and assisted by Rajdeep Singh Cheema, Advocate present through VC.
Counsel for the Respondent stated that before hearing CPIO asked her staff to make one more attempt at searching the records for any relevant information so as to substantiate her reply dated 15.02.2017. That, one Upper Division Clerk of Hari Ram Hostel, DAV Sr. Sec. School has brought to their notice that due to multiple shifting of the hostel and school, records were not traceable, yet as a final attempt records were perused and only a notice dated 23.03.2017 of the school (signed by Principal, Vibha Ray and Principal S.Marriya, Manager) addressed to S S Bawa asking him to vacate the hostel residence has been found and same has been appended with their rejoinder dated 15.07.2018 sent to the Commission as well as copy endorsed to the Appellant. The counsel further clarified that S S Bawa was not an employee of the school; he was a cricket coach of Sports Authority of India and was only receiving certain perks from the school management for his services as coach to the DAV Cricket Academy. He further brought the attention of the bench to the contents of notice dated 23.03.2007 (supra) wherein it has been mentioned that managing committee has not approved S S Bawa's appointment as warden of the hostel and he is relieved from the job of cricket coach of DAV Cricket Academy which justifies the factum of no records being available for the duration of stay of S S Bawa at the academy or of having availed free accommodation.
Decision Commission expresses severe displeasure over the conduct of the CPIO in having provided a misleading reply to the Appellant without putting due efforts in searching the relevant records. The efforts invested in ascertaining the records after receipt of Commission's hearing notice could have assisted the CPIO at a much earlier stage.
2File No. : CIC/UTOCH/A/2017/142257/SD It is unnerving to note that there is no record of duration of stay of the said cricket coach at the academy or the hostel, yet there is record of asking the individual to vacate the hostel and relieving him from the job of cricket coach.
Commission directs the CPIO to make concerted efforts to trace out the records pertaining to the duration of stay of S S Bawa as a cricket coach in their cricket academy and the time period for which S S Bawa was allowed free accommodation in lieu of being a hostel warden of Hari Ram hostel. Upon availability of records, relevant information shall be provided to the Appellant free of cost, however, in the event, no information is still available, CPIO is directed to file an appropriate affidavit to this effect that records sought at para 1 & 2 of the RTI Application is not available with her School and send it to the Commission with a copy duly endorsed to the Appellant.
The aforesaid directions should be complied within 30 days from the date of receipt of this order and a compliance report of the same be sent to the Commission.
Further, in view of the absurdities evinced in the submissions of the CPIO regarding the engagement of S S Bawa, (Cricket Coach, SAI) in Respondent School's cricket academy, a copy of this order is marked to the Director General, SAI and Director of Education, Chandigarh to take note of the adverse findings of the Commission.
The appeal is disposed of accordingly.
(Divya Prakash Sinha) Information Commissioner Authenticated true copy (H P Sen) Dy. Registrar/Designated Officer 3 Copy to:
Director General Sports Authority of India Jawaharlal Nehru Stadium Complex (East Gate) Lodhi Road, New Delhi - 110003
--(For taking note of the adverse findings of the Commission w.r.t engagement of Sukhwinder Singh Bawa SAI cricket coach in Respondent School) Director School Education 1st Floor, Additional Deluxe Building, Sector-9, UT Chandigarh, PIN 160017
--(For taking note of the adverse findings of the Commission w.r.t engagement of Sukhwinder Singh Bawa SAI cricket coach in Respondent School) 4