Central Information Commission
Jagdish Kumar Koli vs Department Of School Education And ... on 4 June, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/DSELI/A/2019/148332
Jagdish Kumar Koli ....अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Department of School Education
& Literacy, RTI Cell, Shastri Bhawan,
New Delhi - 110001. .... ितवादीगण /Respondent
Date of Hearing : 04/06/2021
Date of Decision : 04/06/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 10/05/2019
CPIO replied on : 21/05/2019& 18/06/2019
First appeal filed on : 01/07/2019
First Appellate Authority's order : 22/08/2019
2nd Appeal/Complaint dated : 04/10/2019
1
Information sought:
The Appellant filed an RTI application dated 10.05.2019 seeking the following information:
"1. To provide the remarks or noting/copy of minutes of Ms. Ritu Aggarwal, D.S., MHRD meeting on 25.09.2018 regarding my grievances.
2. To provide the remarks/copy of minutes of Ms. Rashi Sharma, D.S., MHRD meeting on 29.04.2019 regarding my grievances redressal.
3. Ms. Rashi Sharma, D.S., MHRD also additional charge of Director, NBB while whether MHRD stated that NBB is autonomous organization under the MHRD. This deptt. does not interfere in functioning of NBB and NBB stated that due to absence of regular Director, no action could be taken was adequate or justified for harassing appellant regarding issue the show case notice and transfer alongwith Publication section. If so what is the rule possible and approval of BoM, NBB?
4. To provide copy of noting & correspondence and remarks of Assistant Director (Sci.) & Dy. Dir. (Admin), and Dy. Dir.(PC&R), NBB regarding transfer of Sh. Jagdish Kumar Koli to JBB Mandl alongwith Publication Division.
5. Please furnish the action taken report on my email letter dated 14.10.2017 which MHRD email letter dated 19.02.2019 at 10:28 am forwarded to Ms. Rashi Sharma, Director, NBB and copy endorsed to Dinesh, S.O.
6. Please provide copy of noting & correspondence with MHRD and remark of Dy. Director (Admn.) Sh. Mukesh Gupta & Director, NBB regarding issue the show cause notice.
7. Furnish the action taken report & noting on reply of appellant letter dated 13.04.2019 regarding show cause notice.
8. To provide pointwise & parawise complete information on appellant letter dated 28.03.2019 which was addressed to S.O., NBB.
9. To provide action taken report on Dy. Dir.(Admn.) Sh. Mukesh Gupta appointment in NBB on appellant submitted evidences that he was wrong appointment.
10. To provide pointwise/parawise complete information on appellant letter dated 04.05.2019 addressed to Director, NBB regarding transfer.2
11. What is the procedure followed to establish that allotment of staff quarter from 2010 to 2013. Also provide the list of staff which is necessary to allotted staff quarter with proper reason."
The CPIO/ MHRD furnished reply to the appellant on 21.05.2019 against point Nos. 1 & 2 of the RTI application and with regard to point No. 3 to 11; CPIO transferred the RTI application under section 6(3) of RTI Act, 2005 to Shri Dinesh Kumar PIO, National Bal Bhavan (NBB).
Subsequently, CPIO/NBB on 18.06.2019 furnished reply against point No. 3 to 11 of the RTI application.
Being dissatisfied with non-receipt of desired information on point no.2,3,5,7,9,10 & 11 of the RTI Application, the appellant filed a First Appeal dated 01.07.2019 which was forwarded to the FAA, NBB. FAA, NBB upheld the reply of CPIO vide order dated 22.08.2019 and also provided certain additional information on various service-related issues raised by the Appellant and for point no.2 provided the relevant inputs.
Feeling aggrieved and dissatisfied with the FAA's order, appellant approached the Commission with the instant Second Appeal praying for a committee to be constituted in the matter to provide justice to him.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference.
Respondent: Dinesh Kumar, SO & CPIO, National Bal Bhawan present through audio conference.
The Appellant stated that he has not received the desired information till date and that he is aggrieved with the constant harassment caused to him in his service matter and also by the action of the Respondent office and National Bal Bhawan in merely shifting the onus of providing the information to each other. He further stated that all his contentions are contained in his written submissions sent to the Commission prior to the hearing.3
The CPIO submitted that all the available information has been provided to the Appellant as can be evinced from their reply dated 18.06.2019 and even the FAA provided additional information vide her order dated 22.08.2019.
Decision The Commission observes from a perusal of the facts on record that the CPIO, National Bal Bhawan has provided a detailed reply to points no.3-11 of the RTI Application, while MHRD (Respondent office) provided a factual reply to point no. 1 & 2 of the RTI Application. Subsequently, based on the grounds of First Appeal of the Appellant, the FAA, National Bal Bhawan provided additional information while also clarifying the factual position explained by MHRD to the Appellant for the information sought for at point no.2 of the RTI Application.
It is pertinent to note that across the length and breadth of the Appellant's written submission dated 02.06.2021, he has narrated the service-related grievances harboured by him over the course of time. He has further challenged the reply received on the instant RTI Application through speculative arguments and hypothesis, and adjudicating on the merits of administrative grievances is not within the scope of jurisdiction of the Commission under the RTI Act.
In view of the foregoing, no action is warranted in the matter. The Appellant is however advised to agitate his administrative grievances before the appropriate forum.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) नहािन) नहािन Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4