Central Information Commission
Mahesh Nager vs Central Board Of Secondary Education on 9 December, 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/CBSED/A/2020/127419 +
CIC/CBSED/A/2020/127494
Mahesh Nagar ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Central Board of Secondary
Education, RTI Cell, Shiksha Kendra 2,
Community Centre, Preet Vihar,
Delhi - 110092. .... ितवादीगण /Respondent
Date of Hearing : 01/12/2021
Date of Decision : 01/12/2021
INFORMATION COMMISSIONER : Saroj Punhani
Note - The instant Appeal(s) have been clubbed together for decision as these
are based on same RTI Application.
Relevant facts emerging from appeal:
RTI application filed on : 28/02/2020
CPIO replied on : 02/03/2020
First appeal filed on : 21/03/2020
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : 07/09/2020
1
Information sought:
The Appellant filed an RTI application dated 28.02.2020 seeking the information as under;
The CPIO replied to the appellant on 02.03.2020 stating as under -
Being dissatisfied, the appellant filed a First Appeal dated 21.03.2020. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal on the ground of incomplete information furnished to him by the CPIO.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio-conference.
Respondent: Seema Khakha, Assistant Secretary & CPIO present through audio- conference.
The Appellant reiterated the contents of his Second Appeal as under -
Applicant/Appellant applied the first application Under RTI Act, to CPIO CBSE R.O. Office Ajmer on 28-12-2019 by post seeking information -2
Please furnish information that from which time Choithram School lndore CBSE No. 1O3OOO2 and Takshasheela Junior College , School Ujjain are residential school ? from respondent CPIO R.O.CBSE Ajmer.
Subsequently on 04-02-2020 applicant had received Letter No. CBSE/O/(AJM) RTI/2020/3659 ON LINE CASE NO. CBSE/R/20/00131 from CPIO R.O. Ajmer that CBSE Ajmer had no record OF ASKED INFORMATION hence online and off line application is being forwarded to Public information Officer, Regional Office CBSE Board R.O. Office, Rohit Nagar, Phase ll, Ward No. 53, aakruti Eco City Road, Bawadiya kalan Bhopal for information and necessary action as all record is sent to CBSE R.O. Office Bhopal and forwarded Letter to CBSE R.O. Bhopal CBSE R.O. Bhopal further vide letter No. CBSE /R.O. BPL RTI /2O2O1472 DATED 11-02-2020 sent RTI case of Appellant to Public information officer (Affiliation) CBSE Delhi intimated to appellant that Requested information does not fall under jurisdiction of Bhopal Regional office and the application is being transferred to Public Information officer (Affiliation) CBSE Delhi for further necessary action.
And same intimation is again received from Regional office CBSE Bhopal office. Public lnformation officer (Affiliation) CBSE Delhi intimated to appellant that Reference of RTI Application case of appellant is taken whose information will be sent to appellant as per records Under Provisions of Right to lnformation Act, 2005, and appellant may file appeal within 30 days to First Appellate Officer, (Affiliation) CBSE, Shiksha Kendra -2, Samudayik Kendra, Preet Vihar, Delhi 110092.There after on And on 21-03-2020 appellant sent by post first Appeal to First Appellate Officer, (Affiliation) CBSE, Shiksha Kendra -2, Samudayik Kendra, Preet Vihar, Delhi 11O O92. And on 27-08-2020 appellant received a letter No. CBSE/Affitiation/RTl case No. CCBSE/ R/P/20/00131 15644 DATED 02-03-2020. From Public lnformation-office CBSE,Shiksha Kendra -2, Samudayik Kendra, Preet Vihar , Delhi 110 092, that , Please take reference of letter issued on 02- 03-2020 and as per records it is intimated that :
1- Choithram School lndore is affiliated from 01/06/1977 temporarily as per records.
2- Takshasheela Junior College Ujjain is affiliated from 01/04/1988 temporarily as per records.
But PIO/CPIO or FAA have not furnished such sought information that since when the above mentioned schools are residential Schools?"
The CPIO submitted that a final reply has been provided to the Appellant on 07.07.2020 informing him about the tenure affiliation of averred school. She 3 further submitted that records pertaining to residential schools were not available with the CBSE.
Decision:
The Commission upon a perusal of records observes that although the queries raised by the Appellant are in the nature of seeking clarifications which do not strictly conform to Section 2(f) of RTI Act; however, the fact remains that the reply of the CPIO also did not adequately suffices the information sought by the Appellant as per the provisions of RTI Act.
As regards the relief sought by the Appellant in the matter, the Commission hereby directs the CPIO, CBSE to provide a revised point wise categorical reply along with relevant available information after liaisoning with the concerned record holder, OR access the same from the averred School and provide it directly to the Appellant through speed post and email. In the event no such information is available on records than a categorical statement to this effect should be reflected in the revised reply, The aforesaid direction shall be complied by the CPIO within 15 days from the date of receipt of this order under due intimation to the Commission.
The appeal (s) are disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4