Central Information Commission
Varun Khanna vs Central Board Of Secondary Education on 19 January, 2022
CIC/CBSED/A/2020/681127
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा/ Second Appeal No. CIC/CBSED/A/2020/681127
In the matter of:
Varun Khanna ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Assistant Secretary Central Board
of Secondary Education
(Head Office) "Shiksha Kendra", 2,
Community Centre, Preet Vihar,
Delhi - 110 092
Relevant dates emerging from the appeal:
RTI Application filed on : 19.05.2020
CPIO replied on : 17.06.2020
First Appeal filed on : 18.06.2020
First Appellate Authority order : Not on Record
Second Appeal received on : 08.08.2020
Date of Hearing : 18.01.2022
The following were present:
Appellant: Shri Varun Khanna participated in the hearing upon being contacted on
his telephone.
Respondent: Smt. Seema Khakha, Asst. Secretary participated in the hearing upon
being contacted on her telephone.
Page 1 of 6
CIC/CBSED/A/2020/681127
ORDER
Information sought:
The Appellant filed an online RTI Application dated 19.05.2020 seeking information as under:
"Please provide scanned, certified copies of the Income and Expenditure accounts and Balance Sheets along with Annexures submitted by the following CBSE Affiliated Schools of Amritsar for the financial year 01.04.2018 to 31.03.2019 (1 Year)
a) D.A.V. Public School, Lawrence Road, Amritsar
b) D.A.V. International School, Verka Bye-Pass, Amritsar
c) Delhi Public School, Manawala, G.T. Road, Amritsar
d) Spring Dale Senion School, Fatehgarh Churian Road, Amritsar
e) Shri Ram Ashram Public School, Mall Road, Amritsar
f) Bhavans S L Public School, Shivala Bhaiyan, Amritsar
g) Excelsum High School, Loharka Road, Amritsar
h) Cambridge International School, Amritsar
i) The Millenium School, Amritsar
j) Sri Guru Harkishan Public School, G.T Road, Amritsar
k) Police D.A.V. Public School, Police Lines, Amritsar I shall be highly obliged for this act of yours."
The CPIO vide online reply dated 17.06.2020, informed the Appellant as under:
"Reference has been taken on records information will be provided under the norms of RTI Act, 2005 on availability basis."
Being dissatisfied, the Appellant filed a First Appeal dated 18.06.2020, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. The Appellant requested the Commission to direct the CPIO to provide complete information sought for and also requested the Bench to grant an award of compensation.Page 2 of 6
CIC/CBSED/A/2020/681127 Submissions made by Appellant and Respondent during Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.
The Appellant stated that he is not satisfied with the information provided by the Respondent. He further stated that he is also not satisfied with the revised reply provided by the Respondent vide letter dated 06.01.2022.
The Respondent reiterated the contents of the written submission dated 11.01.2022 as well as the contents of the letter dated 06.01.2022. Upon queried by the Commission as to in which section/department the averred information is available, she replied that the relevant documents/records are available in the Respondent public authority's office itself. She added that if the Bench accommodates a long date, efforts can be initiated to provide the relevant information to the Appellant as the same is available in physical copies.
The Appellant interjected to state that the Respondent public authority has an online portal by name 'OASIS', which means Online Affiliated Schools Information System. He further stated that the Respondent must have the information sought in the present RTI Application in a readily manner.
In response to the interjection of the Appellant, the Respondent replied that though certain information is there on public domain, the same cannot be viewed/available to every individual. She explained that the information sought in the present RTI Application is available in physical copies and that the same are scattered through various individual files of the concerned School.Page 3 of 6
CIC/CBSED/A/2020/681127 A written submission has been received by the Commission from the PIO (Aff.) vide letter dated 11.01.2022, wherein the Commission has been apprised as under:
Contents of the letter dated 06.01.2022 is as under:Page 4 of 6
CIC/CBSED/A/2020/681127 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the information sought in the present RTI Application is scattered in various files, the Respondent public authority during the hearing has averred that an effort may be initiated to look into the relevant files. Hence, the Commission deems it expedient to direct the present CPIO to search for the relevant income and expenditure accounts as well as the balance sheets of the averred 11 schools and provide a copy of the same to the Appellant as well as to the Commission, within 60 days from the date of receipt of this order, failing which the Commission will be constrained to initiate necessary actions as specified in the provisions of the RTI Act, suo motu. With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) िदनांक / Date: 18.01.2022 Page 5 of 6 CIC/CBSED/A/2020/681127 Authenticated true copy (अिभ मािणत स ािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) /Deputy Secretary Central Board of Secondary Education (Head Office) "Shiksha Kendra", 2, Community Centre, Preet Vihar, Delhi - 110 092
2. The Central Public Information Officer Assistant Secretary Central Board of Secondary Education (Head Office) "Shiksha Kendra", 2, Community Centre, Preet Vihar, Delhi - 110 092
3. Mr. Varun Khanna Page 6 of 6