Central Information Commission
Sh. Sunetra Vishal Dass vs Directorate Of Education, Gnct Of Delhi on 23 July, 2008
Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
Decision No.2897/IC(A)/2008
F. No.CIC/MA/A/2008/00743
Dated, the 23rd July, 2008
Name of the Appellant: Sh. Sunetra Vishal Dass
Name of the Public Authority: Directorate of Education, GNCT of Delhi
Facts:
1. Both the parties were heard on 23/7/2008.
2. The appellant had sought for certain information relating to a private school. The PIO has obtained the required information, u/s 2(f) of the Act, and furnished to the appellant, who has expressed his full satisfaction with respect to the information provided to him.
3. During the hearing, the appellant stated that there has been delay of 5 days in providing the information by the PIO. He, therefore, pleaded for imposition of penalty u/s 20(1) of the Act. The PIO clarified and provided the details of action taken by him for obtaining the information from the private school. The PIO stated that there was no malafide intention for the delay in providing information to the appellant, as he was not the custodian of information. He also said that as per the Delhi School Act, the information sought for was not covered, yet he procured for the appellant. i i " If you don't ask, you don't get". - Mahatma Gandhi 1 Decision:
4. The PIO has obtained the information u/s 2(f) of the Act from a private school, which is the custodian of the required information. The appellant has duly received the information and has also expressed his satisfaction with the information provided to him.
5. In view of the fact that the information was not readily available with the PIO, and that he made sincere efforts to obtain from the school, there was no willful or malafide intention for delay of 5 days in providing the information. And, therefore, the appellant's plea for imposition of penalty is rejected as he has not counted the time consumed in transmission of information, which was sought for promotion of personal interest, rather than public.
5. This appeal was unnecessary and is thus disposed of.
Sd/-
(Prof. M.M. Ansari) Central Information Commissioner Authenticated true copy:
(M.C. Sharma) Assistant Registrar Name & address of Parties:
1. Sh. Sunetra Vishal Dass, V-565, Gali No.13, Vijay Park, Maujpur, Delhi -
110 053.
2. Dr. R.A. Yadav, PIO/DDE, Directorate of Education, GNCT of Delhi, Office of the Dy. Director of Education, Distt. North East, Yamuna Vihar, Delhi.
ii ii "All men by nature desire to know". - Aristotle 2