Central Information Commission
Sudha vs Directorate Of Education on 27 June, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DIRED/A/2023/625621
Sudha .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
GNCT, Directorate of
Education, RTI Cell,
Room No. 220, Old Secretariat,
Delhi - 110054. ....प्रनर्वािीगण /Respondent
Date of Decision : 19.06.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 11.04.2023
CPIO replied on : 01.05.2023, 19.04.2023
First appeal filed on : 14.05.2023
First Appellate Authority's order : 25.05.2023
2nd Appeal/Complaint dated : NIL
Information sought:
The Appellant filed an RTI application dated 11.04.2023 seeking the following information:
"Queries numbered (a) to (z) of the RTI Application are annexed as pdf file for obtaining the desired information from the following offices/schools. Points (a) to (e) from Exam Branch HQ Points (f) to (0) from O/o DDE Zone-27 & subordinate school Page 1 of 5 Points (p) to (w) from O/o DDE East Point (x) from O/o DDE Zone-22 Points (y) to (z) from Schl Id: 1923070 under Zone-24 Query 27 is mentioned as under -
Query 27: Legible scan of the notesheet of the file forwarded to Director (Education) vide U.O. No. 752 dt. 06-09-22 by RDE Central as per the records of current custodian i.e. O/o Director (Education)/RDE Central/any other office of Education Deptt.
Kindly take appropriate action for the supply of desired information.
Desired Information from Exam Branch (HQ) -
(a) Copy of the revised information supplied to appellant in compliance to CIC decision CIC/ DIRED/C/2021/649334-UM.
(b) Copy of the information supplied to applicant in response to RTI Application EDUDH/R/ 2023/60887/5.
(c) Despatch number of the information supplied in compliance to CIC decision CIC/DIRED/ A/2022/637759 - UM.
(d) Copy of the information available in Exam Branch regarding mandate available to CIC for deciding personal grievances of a PIO.
(e) Copy of the information available in Exam Branch regarding inherent powers of a civil court available to CIC as per section 151 of CPC.
Desired information from 0/0 DDE Zone 27 & Schl Id: 2127034-
(f) Legible scan of the proposal moved by HOS of Schl Id: 2127034 for shifting the school to a safer place as mentioned on point 29 of letter numbered KFS/2022-23/98 dt. 01-04-23 (no certified copy required).
(g) Legible scan of information available as per records of Schl Id: 2127034 in which it is stated that SMC fund could be used for major construction if the school is not affiliated to PWD (no certified copy required).
(h) Information regarding itemised details of quantity of various waterproofing products used for waterproofing of the roof of school in the year 2021 as per records of Schl Id : 2127034 (no certified copy reqd).
(i) Legible scan of the information available in Schl Id: 2127034 in which it is stated that SMC can pass resolutions and accomplish works which are prohibited by law enacted by parliament of India (no certified copy required).
(j) Legible scan of the information available in Schl Id: 2127034 in which it is stated that AMASR Act was never notified in the official gazette of Union of India (no certified copy reqd).
(k) Diary number with date of receipt of order numbered decision numbered FAA/RDE(C)/ Appeal-339/2022/542 dt. 15-12-22 (copy enclosed) in r/o RTI Id:
EDUDH/R/2022/63115/2 as per records.Page 2 of 5
Also provide Information regarding speed/registered post consignment number of despatch of free-of-cost copy as per the above mentioned directions of FAA, RTI (no certified copy of POD reqd.)
(l) Diary number with date of letter numbered 03/01/2022/CA/Delhi/Gen.Corr-
675 dt. 27-1-23 issued by Regional Director (North), ASI in response to letter numbered DDE/C&ND/ PB/ASI/2022/316-20 dt. 07-07-22. (Letter dt. 27-1-23 of ASI was forwarded by DDE CD/ND to DDE Zone-27 on 31- 1-23).
(m) Diary number with date of receipt of order numbered decision numbered FAA/RDE(C)/ Appeal-20/2023/631-32 dt. 31-03-23 in r/o RTI Id:
EDUDH/R/2022/64355/3 as per records.
Also provide information regarding speed/registered post consignment number of despatch of revised information as per the above mentioned directions of FAA, RTI (no certified copy of POD reqd.)
(n) Legible scan of all the pages of notesheet of file placed before RDE (Central) as mentioned in letter DDE/Zone-27/C&ND/PGMS/2023/859 dt. 10-3-23 (no certified copy required).
Also provide information regarding file number with date of the above mentioned file.
(o) Information regarding serial number with date of guarantee/warranty card of Induction Heater purchased from SMC fund of Schl Id: 2127034 vide bill numbered 123 dt. 29-11-22. Also inform the purpose of purchasing Induction Heater from SMC fund.
Desired information from 0/0 DDE East (Do not transfer to any other subordinate office/ school) -
(p) Diary number of letter numbered DE.7/39/PGMS Comp./VPL/Vig./HQ/2023/1742 dt. 28-3-23 of Vigilance Officer, DOE HQ as per records of O/o DDE East.
(q) Copy of the reply endorsed to Vigilance Officer in r/o above mentioned letter.
(r) Information regarding diary number with date of letter numbered DE.7/32/Comp./TGT/ Vig./HQ/2017/640 dt. 03-03-20 issued by Section Officer (Vigilance), DOE HQ as per records of O/o DDE East.
(s) Copy of the information regarding the action taken by DDE East on the above mentioned letter.
(t) Diary number with date of receipt of file numbered GBSS/MV-3/2023/831 dt. 10-3-23 as per records of DDE East.
(u) Information regarding action taken by DDE East on the above mentioned file.
Page 3 of 5(v) Copy of the enquiry report of the enquiry conducted by DDE East in compliance to CIC decision CIC/DIRED/A/2017/143614 dt. 17-7-19. (w) Date of forwarding the above mentioned enquiry report to Vigilance Branch HQ for further action by the competent authority.
Desired information from 0/0 DDE Zone 22 -
(x) Date of compliance of order numbered 78 dt. 24-3-23 of FAA (RTI) in r/o RTI Id: EDUDH/R/2022/64355 by DDE Zone-22.
Desired information from Schl Id : 1923070 under Zone-24:
(y) Provide legible scan of the information regarding application presented before the competent authority of ASI for prior approval of construction/repair- renovation in school premises.
(z) Provide legible scan of the information regarding the correspondence received from the competent authority of ASI on above mentioned application.
(Information taken on record after 1-1-2018)"
The CPIO furnished a reply to the Appellant on 01.05.2023 stating as under:
"The reply received DDE (Exam Branch) vide its letter no. 379 on dated 19.04.2023 is being forwarded to you (Copy enclosed).
Your application has also been forwarded to PIOs (District East, Zone-22, Zone- 24 and Zone-27) Directorate of Education, Delhi through online portal on dated 12.04.2023 and they being the independent /notified PIO in this regard will forwarded the requisite information directly to you.
However, it is stated the any type of clarification does not cover under the definition of information as per section 2(1) of the RTI Act, 2005 and hence need not be replied."
The CPIO furnished a point-wise reply to the Appellant on 19.04.2023 stating as under:
"(a) The information sought by the applicant is the third party information and cannot be provided under section 8 (1) (j) of the RTI Act, 2005.
(b) The information sought is the third party information and cannot be provided under section 8 (1) (j) of the RTI Act, 2005.
(c ) Despatch no. is DE.5/72/09/Pt.- V/Exam/CAU/91 dated 25/01/2023
(d) Desired information is not available in this branch.
Page 4 of 5(e ) Desired information is not available in this branch."
Being dissatisfied, the appellant filed a First Appeal dated 14.05.2023. The FAA vide its order dated 25.05.2023, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Decision:
A written request vide letter dated 28.04.2024 has been received from the Appellant seeking withdrawal of the instant Appeal.
The Commission after adverting to the facts and circumstances of the case, perusal of the records and taking note of the written submission of the Appellant finds it liable to be dismissed as withdrawn.
Accordingly, the above-mentioned appeal is dismissed as withdrawn.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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