Central Information Commission
Mr. Rajendra Yadav vs Office Of Deputy Director Of Education on 16 July, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/001438/4151
Appeal No. CIC/SG/A/2009/001438
Appellant : Mr. Rajendra Yadav
Neha Nursory N.H. 8
Shankar Chowk DLF III
Gurgaon, Haryana
Respondent : Ms. Indirani Singh
PIO/Deputy Director of Education, Office of Deputy Director of Education Division, South-West-B, Najafgarh, New Delhi-43 RTI application filed on : 04/04/2009 PIO replied : 28/05/2009 First Appeal filed on : 05/05/2009 (Not enclosed) First Appellate Authority order : 25/05/2009 Second Appeal Received on : 09/06/2009 S.No. Information Sought Reply of PIO
1. What is report and remarks by Deputy Director of Desired report has been sent Education on investigation of Kanganhedi School to competent authority of dated 19.03.2009 and 25.03.2009? the department for information and appropriate action. Report can be declared publicly until appropriate decision make.
2. Photocopy of enquiry taken from teachers and As mentioned in reply of 1.
lady teachers.
3. Photocopy of statements given by Shri Arvind As mentioned in reply of 1.
Bhardwaz(TGT)
4. Photocopy of order given by HOS Kanganhedi on Copy of order enclosed.
the basis of information provided by director of education on 31.03.09 Grounds for First Appeal:
Not enclosed.
Order of the First Appellate Authority:
The Appellant was not present. APIO/PIO (SW-B) was present. FAA mentioned in his order that information shall be provided to the Appellant within stipulated period.
Grounds for Second Appeal:
1. Decision was not made as mentioned in S.No 1 while decision had been made on 28/05/2009 according to member of investigation committee.
2. Enquiry has been changed as Appellant mentioned.
3. Report has been shown to concerning HOS.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Rajendra Yadav Respondent: Ms. Indirani Singh, PIO The PIO claims that the RTI application was received on 30/04/2009. It is significant that even after the FAA had order on 25/05/2009 that the "requisite information shall be provided to the appellant" no information has been provided and the then PIO Ms. Satinder Kaur on 28/05/2009 wrote to the Appellant that the enquiry report has been sent to the appropriate authority and hence the report cannot be made public. The PIO has consensually chosen to act in defiance to the RTI Act and the order of her senior officer FAA Mr. Dharmveer Singh Regional Director (South). The Respondent Ms. Indirani Singh has got the complete information consisting of 28 pages and it is given to the Appellant before the Commission.
Decision:
The appeal is allowed.
The information has been provided to the Appellant before the Commission.
The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that then PIO Ms. Satinder Kaur is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. She has further refused to obey the orders of her superior officer, which raises a reasonable doubt that the denial of information may also be malafide. The First Appellate Authority has clearly ordered the information to be given.
It appears that the PIO's actions attract the penal provisions of Section 20 (1). A show cause notice is being issued to her, and she is directed give her reasons to the Commission to show cause why penalty should not be levied on her.
She will present herself before the Commission at the above address on 18 August 2009 at 4.00pm alongwith her written submissions showing cause why penalty should not be imposed on her as mandated under Section 20 (1). She will also submit proof of having given the information to the appellant.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 16 July 2009 (In any correspondence on this decision, mention the complete decision number.) Rnj CC:
Ms. Satinder Kaur DDE South West-A, Vasant Vihar- Delhi