Central Information Commission
Shri S.K. Sharma vs Air Force School, Bamrauli on 17 February, 2010
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2009/001083
Appellant : Shri S.K. Sharma
Public Authority : Air Force School, Bamrauli
(through Sqn Ldr Sandeep Sharma)
Date of Hearing : 17.2.2010
Date of Decision : 17.2.2010
FACTS :
The matter, in short, is that the appellant is a Teacher in Air Force School, Bamrauli. He had lodged a complaint with the Chairman of the School Management Committee against improper behavior of the Principal of the School with the fellow teachers. As remedial action was not taken to his satisfaction, he had filed RTI application dated 22.1.2009 asking for the action taken on his complaint. The CPIO had responded to it vide letter dated 28.5.2009 stating therein that the school is not a 'public authority' in terms of section 2 (h) of the RTI Act and, therefore, no information can be provided to him. Hence, the present appeal.
2. Heard on 17.2.2010. Appellant present. The public authority is represented by the officer named above. Sqn Ldr Sharma would submit that school is not a public authority in terms of section 2 (h) of the RTI Act. He produces a copy of this Commission's decision dated 20.1.2009 in Appeal No. CIC/SM/A/2009/000959/LS (S.K. Sharma Vs IAF) wherein the Commission had held that Air Force School, Barmauli, is not a public authority and, therefore, no information is required to be provided to the appellant.
3. On the other hand, the appellant would submit that even though the school is not a public authority, yet the Commission has the authority to direct the Chairman of the School Management Committee to ask for requisite information from the School and provide to the appellant in terms of section 2 (h) of the RTI Act. This plea of the appellant is not viable inasmuchas this plea would hold good in a matter where certain documents have been asked for. In the matter in hand, the appellant wants the Air Force authorities to proceed against the Principal on certain allegations made by him. The nature of allegations is such that the School can not be said to be the holder of the requested information.
DECISION
4. In view of the above, the appeal is dismissed on the ground that Air Force School, Bamrauli, is not a 'public authority'. Even so, the Commission would expect Chairman of the School Management Committee to look into the allegations made by the appellant in right earnest and take appropriate remedial action in a reasonable time frame.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Assistant Registrar Address of parties :-
1. Sqn Ldr Sandeep Sharma Air Force School, Bamrauli, Allahabad-12
2. Shri S.K. Sharma (PGT Accts), Air Force School, Bamrauli, Allahabad.