Central Information Commission
Mr.O P Tokas vs Government Of Nct Of Delhi on 27 September, 2011
In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2011/001787
Date of Hearing : September 27, 2011
Date of Decision: September 27, 2011
Parties:
Appellant
Shri O.P. Tokas
S/o Shri Sher Singh,
75, Munirka PO JNU,
New Delhi 110 067
The Appellant was present.
Respondents
Directorate of Education
Government of NCT of Delhi
New Delhi
Represented by: Ms. Usha Soni, V.P
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001787
ORDER
Background
1. The Applicant filed his RTIapplication dated 03.06.2011 with the PIO, Directorate of Education (South), GNCTD, New Delhi, seeking certain information about the original Sterilization Certificate dated 29.07.1982(issued by HCMS II Block Medical Officer, PHC Madina, Rohtak to his wife, Mrs. Prem Tokas) which, according to him, was sent to Principal, Bachan Prasad SKV, Deoli, New Delhi for necessary action. The Principal, Bachan Prasad SKV, Deoli, New Delhi, to whom the said RTIapplication was transferred by PIO for response, informed the Applicant vide his letter dated 14.06.2011 that the school had sent all his records to Ishani Sarvodaya Kanya Vidyalaya, Saket, New Delhi on 20.06.2007, while also pointing out that the Applicant himself (being a Head Clerk in the school) was the custodian of records when the said certificate was sent to the school. The Applicant, being aggrieved with the said reply of the Principal, filed his 1stappeal with the Appellate Authority (AA) on 24.06.2011. The AA, vide its decision dated 07.07.2011, held the reply given by the APIO/Principal as 'comprehensive' and accordingly disallowed the Appellant's 1stappeal. The Appellant thereafter filed the present petition before the Commission on 21.07.2011 calling the APIO's reply "totally false". Decision
2. During the hearing, the representative of the Respondents categorically denied the existence of said certificate with them which the Appellant refused to accept.
3. Since the information (Sterilization Certificate) perse is not there, its disclosure cannot be authorized.
4. Appeal is rejected.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri O.P. Tokas S/o Shri Sher Singh, 75, Munirka PO JNU, New Delhi 110 067
2. The Appellate Authority Office of Regional Director of Education (South), Government of NCT of Delhi C4, Vasant Vihar, New Delhi
3. The Public Information Officer Dy. Director of Education (South) Government of NCT of Delhi C Block, Defence Colony, New Delhi
4. The Principal Bachan Prasad SKV, Deoli, New Delhi
5. Officer in charge, NIC Note: In case, the Commission's above directives have not been complied with by the Respondents, the Appellant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving (1) copy of RTIapplication, (2) copy of PIO's reply, (3) copy of the decision of the first Appellate Authority, (4) copy of the Commission's decision, and (5) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Appellant may indicate, what information has not been provided.