Central Information Commission
Nalanda Bhagwan Wanjare vs Navodya Vidyalaya Samiti on 25 May, 2017
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
website-cic.gov.in
Complaint No. CIC/SA/C/2016/000024/MP
Complainant : Smt. Nalanda Bhagwan Wanjare, Osmanabad
Public Authority : Navodaya Vidyalaya Samiti, Pune
Date of Hearing : May 09, 2017
Date of Decision : May 22, 2017
Present:
Complainant : Present, along with her husband - through VC
Respondent : Shri Swati Ramalingam, Principal Navodaya
Vidyalaya, Buldhana, Shri B.M. Daheti, Office
Superintendent
RTI application : 16.04.2015
CPIO's reply : 13.05.2015
First appeal : 19.06.2015
FAA's order : 28.07.2015
Complaint : 22.12.2015
ORDER
1. Smt. Nalanda Bhagwan Wanjare, the complainant, sought information regarding inquiry report dated 17.04.2013, in respect of Shri B.R. Wanjare, TGT (S.St.) and Shri D.S. Singatkar, TGT (Eng.), Jawahar Navodaya Vidyalaya, Buldhana. The complainant sought copy of the inquiry statement given by Shri D.S. Singatkar before the inquiry committee; copy of the complaint letter against Shri B.R. Wanjare for threatening the other staff members; copy of the letter by the students against Shri B.R. Wanjare in the suggestion box; etc., through seven points.
2. The Central Public Information Officer (CPIO) informed the complainant that no information could be provided to her on points 1, 2 and 3 of his RTI application, being third party information while information under points 4 and 7 of the application could be obtained from the Principal, JNV, Buldhana. The CPIO further added that copy of the rule/laws sought by the complainant under point 5 of her application could be obtained on depositing the requisite fees in the office of the respondent authority. The PIO, NVS, RO Pune, forwarded the complainant's RTI application to the Principal, JNV, Buldhana, for providing information to the complainant on points 4 & 7 of the application, directly. The complainant, not having been satisfied with the response of the CPIO, filed appeal before the First Appellate Authority (FAA), NVS Head Office, Noida, with a request to provide the desired information/documents, required in the interest of her husband, Shri B.R. Wanjare. The FAA upheld the decision of the CPIO. Aggrieved, the complainant filed a complaint before the Commission stating that no information was provided to her till date by the CPIO and requested the Commission to direct the CPIO to provide the relevant information/documents in addition to imposing penalty upon the CPIO.
3. The matter was heard by the Commission. The complainant was present with her husband in the hearing. She reiterated that she had sought information regarding inquiry report dated 17.04.2013, in respect of Shri B.R. Wanjare, TGT (S.St.) and Shri D.S. Singatkar, TGT (Eng.), Jawahar Navodaya Vidyalaya, Buldhana, among other things. The complainant's husband informed the Commission that the information sought by the complainant on points 1, 2, 3, 5 & 6 of her RTI application dated 16.04.2015 was provided by the CPIO, NVS RO, Pune on 13.05.2015. Further, the information sought under points 4 & 7 of the application, which pertained to JNV, Buldhana, was provided by the CPIO, JNV on 25.06.2016, i.e. after a delay of 13 months and he therefore, sought imposition of penalty upon the CPIO, Principal, JNV, for delay in providing the requisite information to the complainant u/s 20(1) of the RTI Act, 2005.
4. The respondents stated that the complainant's RTI application was received from the NVS RO, Pune on 02.06.2015 and the reply was sent to the complainant regarding points 4 & 7 of her RTI application on 28.06.2015 denying the information sought, since, the same pertained to personal information of a third party and hence, was exempt u/s 8(1)(j) of the RTI Act, 2005. Subsequently, dissatisfied with the PIO's above stated response, the complainant approached the FAA, NVS HO, Noida on 19.06.2015 which forwarded the first appeal u/s 5(4) of the Act to NVS RO, Pune, as the matter pertained to them and was received by RO Pune on 02.07.2015. The respondents further submitted that the FAA's order dated 28.07.2015, directing the CPIO, JNV, Buldhana to provide the information/documents on points 4 & 7 of the complainant's RTI application, was received by the CPIO, JNV on 29.12.2015 and information was dispatched on 18.01.2016, on the address provided by the complainant. However, the reply in question was returned on 03.02.2016 to the PIO, JNV's office stating 'person not found' as, the complainant did not inform the CPIO of change in their residential address. The CPIO, however, vide letter dated 13.05.2016 sought photocopying charges from the complainant for providing the information/documents sought, again. The complainant then, deposited the charges on 24.06.2016 and the CPIO's reply was again posted on 25.06.2016 to the complainant which was duly received by her. In view of the above, the CPIO, Principal, JNV Buldhana, sought dismissal of the complainant's claim u/s 20(1) of the RTI Act, 2005.
5. On hearing both the parties, the Commission observes that the CPIO, JNV Buldhana, vide reply dated 28.06.2015 had correctly denied information to the complainant on points 4 & 7 of her application as, she sought personal information of third party which was exempt u/s 8(1)(j) of the RTI Act, 2005 and it was due to the FAA's order dated 29.12.2015, directing him to provide the information sought by the complainant, that the CPIO had to comply with the FAA's directions and, thereafter, provided the information on 18.01.2016, on the mailing address as given by the complainant. Further, the post containing the CPIO's reply, having been returned to the office on 03.02.2016, was reposted at the complainant's new mailing address on 25.06.2016, on the complainant's depositing the photocopying charges for obtaining the requisite documents, on 24.06.2016, which was duly received by her. The respondent confirmed that the dates mentioned by the respondent authority were correct and as per the record. The Commission further observes that in view of Section 7(3)(a) of the RTI Act, 2005, there was no delay on the part of the respondent in furnishing the information to the appellant from the date of deposit of requisite fees by him and hence, no penalty can be imposed upon the CPIO u/s 20(1) of the Act. The relevant part of the section is quoted hereunder:
"(3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving--
(a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under subsection (1), requesting him to deposit that fees, and the period intervening between the dispatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section."
6. The Commission, therefore, finds no merit in the submissions of the complainant's representative as the CPIO had duly followed the provisions of the RTI Act, 2005 and advises the FAA, NVS RO, Pune, to strictly adhere to the provisions of the RTI Act, 2005. The complaint is closed.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Dy Registrar Copy to:
The Central Public Information Officer The First Appellate Authority Navodaya Vidyalaya Samiti, Navodaya Vidyalaya Samiti, Assistant Commissioner (Admn.), Deputy Commissioner, Regional Office, Pune, 2nd Floor, Regional Office, Pune, 2nd Floor, B - Wing, Sheti Mahamandal Bhawan B - Wing, Sheti Mahamandal (MSFC Ltd.), 270, Senapati Bapat Road, Bhawan (MSFC Ltd.), Pune, Maharashtra - 411 016 270, Senapati Bapat Road, Pune, Maharashtra - 411 016 Smt. Nalanda Bhagwan Wanjare, W/o Bhagwan Wanjare, TGT (S.St.), Navodaya Vidyalaya, Tuljapur, District Osmanabad, Maharashtra