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Shambhu Prasad Gupta vs Directorate Of Education on 21 June, 2019

                                  के न्द्रीयसूचनाआयोग
                        Central Information Commission
                               बाबागंगनाथमागग,मुननरका
                        Baba Gangnath Marg, Munirka
                          नईददल्ली, New Delhi - 110067

 नितीय अपील संख्या / Second Appeal No. CIC/DIRED/A/2017/166539

Shri Shambhu Prasad Gupta                                       ... अपीलकताग/Appellant
                                      VERSUS/बनाम

1.PIO/Suptdg. -(RTI Section)/HQ.,                             ...प्रनतवादीगण /Respondents
Directorate of Education, (Govt. of NCT of Delhi)

2. PIO/Dy. Director of Education-
(IEDSS & IESSA), Directorate of Education,
 (Govt. of NCT of Delhi)
Through: Sh. R K Dang; Sh. Manoj Kumar; Sh. P J Hose

Date of Hearing                        :   13.06.2019
Date of Decision                       :   20.06.2019
Information Commissioner          :        Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on           :        24.05.2017
PIO replied on                     :        30.06.2017
First Appeal filed on              :        07.07.2017
First Appellate Order on           :        10.08.2017
2ndAppeal/complaint received on    :        20.09.2017

Information sought

and background of the case:

The Appellant filed an RTI application dated 24.05.2017, seeking information on six points regarding candidates selected to the post of Special Education Teacher. In this regard, he sought following information:-

1.Name of the appointed candidate.

2. Candidate's category.

3. He /She is a citizen of Delhi or outsider.

4. Percentage of his/her Bachelor Degree.

5. Percentage of Post Graduation.6. CTET marks.

PIO/DDE (IEDDS & IESSA)vide reply dated 30.06.2017 informed that the selection is done by DSSSB, while Dte. Of Education recruits the selected candidates. Records available in the Dte. were furnished to the Appellant. Being dissatisfied, the Appellant filed the First Appeal dated 07.07.2017. FAA/Spl. Director of Education (RTI) vide order dated 10.08.2017 stated that as the appellant is not present, hence the case is closed.

Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Both parties are present for hearing. Appellant states that in response to six queries raised by him, the respondent had provided information against only some queries. He was a candidate but was denied selection repeatedly on some pretext or the other. The appellant has approached a number of forums like CAT and the High Court with his grievance, seeking redressal. Respondent from the Dte. of Education submits that information in the form of list of candidates for the post of Special Education Teachers, as available have already been provided. However, since selection of candidates is done by the DSSSB, hence remaining queries could not be answered by them and appellant was informed accordingly. The queries relate to 2013, whereas the RTI has been filed four years later in 2017, by which time the dossiers had been sent to the respective schools, located all over Delhi.

Decision Upon perusal of the records of the case and after hearing averments of the parties, the Commission notes that the PIO, Dte. of Education while responding vide reply dated 30.06.2017 failed to transfer the RTI application to the actual custodian of information viz. the DSSSB. The then PIO, Dte. of Education - Smt. Usha Chaturvedi is put to notice and directed to submit her explanation for non transfer of RTI application and non-supply of requisite information. The Notice shall be served upon Smt. Chaturvedi, by the current PIO-Sh. P J Jose.

The Commission further directs the PIO(Hq), Dte. of Education- Sh. P J Jose. to obtain the necessary available information from the DSSSB invoking Section 5(4) of the RTI Act and provide the same to the appellant. The Registry of this Bench is directed to issue a copy of this order to the Chairman and Secretary, DSSSB to ensure co-operation by the PIO, DSSSB towards the PIO, Dte. of Education.

The order of the FAA- Sh. Mohammed A Abid is an unreasoned, baseless order and legally not tenable, hence it is set aside.

The appeal is thus disposed off on the above terms.

Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त ) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/011-26180514 Page 2 of 2