Central Information Commission
Manjeet Singh vs Directorate Of Education on 1 April, 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/2017/142709
CIC/DIRED/A/2017/142701
CIC/DIRED/A/2017/142700
Shri Manjeet Singh ... अपीलकताग/Appellant
VERSUS
बनाम
PIO, Directorate of Education ...प्रनतवादीगण /Respondents
Govt. of NCT of Delhi,West-A,
Karampura, New Moti Nagar,
New Delhi-110015
Through: Sh. Yogesh Jain-PIO/ADE
Date of Hearing : 29.03.2019
Date of Decision : 29.03.2019
Information Commissioner : Shri Y. K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case No. Filed on CPIO reply First appeal FAO
142709 17.04.2017 18.05.2017 22.05.2017 07.06.2017
142701 25.03.2017 25.04.2017 05.05.2017 07.06.2017
142700 25.03.2017 25.04.2017 05.05.2017 07.06.2017
Information soughtand background of the case:
CIC/DIRED/A/2017/142709 The Appellant vide RTI application dated 17.04.2017, sought information on three points:-
1. What action has been taken by Hon'ble O/o DDE-West-A regarding the letter of Principal no. GHPS/TN/2012-13/GEN/1831 dated 25.07.2012. Provide certified copy.
2. What show cause notice had been issued to the Principal or School Manager Authority of the school of GHPS-Tilak Nagar regarding all this matter. Provide certified copy.Page 1 of 4
3. Under which rule provision and act the school authority of GHPS, Tilak Nagar has not released his salary dues after promise letter that dues of salaries from 01.01.2006 to 28.10.2006 will be released.
PIO/Asstt. Director of Education, Distt. West -A vide letter dated 18.05.2017 provided point wise information to the Appellant admitting that salary dues of the appellant had indeed not been released and response of the school had been sought in this regard.
Being dissatisfied, the Appellant filed First Appeal dated 22.05.2017. FAA/RDE(West) vide order dated 07.06.2017 held as follows:-
"PIO/ADE(West-A) is directed to immediate provide the available information/reply letter No. 2899 dated 25.05.2017 of Principal, Guru Harikishan Public School, Tilak Nagar, New Delhi to the appellant. The appellant may also be allowed for inspection of records available with DDE, Zone-14 pertaining to his case and provide the required information (if available), as per his RTI application, within 10 days of receipt of this order.
The letter dated 25.05.2017, as directed by the FAA was provided to the appellant but he was aggrieved since his RTI application was not transferred to concerned authority and hencethe Appellant approached the Commission with the instant Second Appeal.
CIC/DIRED/A/2017/142701 The Appellant vide RTI application dated 25.03.2017, sought information on six points
1. What action had been taken regarding his inquiry taken by Head Quarter of DSGMC 3 members committee namely: Staff Review Committee DSGMC (HQ) 01.07.2006 and on 04.07.2006. Provide certified copies.
2. What was the decision of constituted committee by then president and Gen. Secretary of DSGMC? Provide me certified copies.
3. What was the inquiry proceedings and minutes record register of than inquiry committee of Head Quarter of DSGMC? Provide me certified copies.
4. What was the order passed by the inquiry committee for Appellant?
Provide me certified copies.
5. What was the then Education Cell Report regarding this matter? Provide certified copies.
6. What was the Legal Cell Report of this inquiry committee in his case? Provide certified copies.
PIO/Asstt. Director of Education, Distt. West -A vide letter dated 25.04.2017responded to the Appellant, stating that RTI application has been forwarded to the concerned school, but no response has been received so far.
Page 2 of 4Being dissatisfied, the Appellant filed First Appeal dated 22.05.2017. FAA/RDE(West) vide order dated 07.06.2017 stated as follows:-
"PIO/ADE(West-A) is directed to immediate provide the available information/reply letter No. 2899 dated 25.05.2017 of Principal, Guru Harikishan Public School, Tilak Nagar, New Delhi to the appellant. The appellant may also be allowed for inspection of records available with DDE, Zone-14 pertaining to his case and provide the required information (if available), as per his RTI application, within 10 days of receipt of this order.
Feeling aggrieved over the non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal.
CIC/DIRED/A/2017/142700 The Appellant vide RTI application dated 25.03.2017, sought information on six points:-
1. What action has been taken regarding my request for joining decision 05.03.2016, by three member's committee, constituted on dated 29/2/2016 (copy enclosed)? Provide certified copies.
2. What was the inquiry proceeding & Minutes record register. What was the order passed by the inquiry committee? Provide certified copies?
3. What is the legal report till date? Provide certified copies.
4. What is the Education Deptt. Report till date regarding this matter? Provide certified copies.
5. What was the final decision of President & Gen. Secretary of DS MC after his Inquiry dated-30.03.2016?Which was his personal appearance before Hon'ble president of DSGMC?
6. What was the reason after taken the decision of three members committee constituted by President of DSGMC till date why they have not allow for joining my duties. Provide certified copies accordingly.
PIO/Asstt. Director of Education, Distt. West -A vide letter dated 25.04.2017 provided point wise information to the Appellant.
Being dissatisfied, the Appellant filed First Appeal dated 22.05.2017. FAA/RDE(West) vide order dated 07.06.2017 stated as follows:-
"PIO/ADE(West-A) is directed to immediate provide the available information/reply letter No. 2899 dated 25.05.2017 of Principal, Guru Harikishan Public School, Tilak Nagar, New Delhi to the appellant. The appellant may also be allowed for inspection of records available with DDE, Zone-14 pertaining to his case and provide the required information (if available), as per his RTI application, within 10 days of receipt of this order.Page 3 of 4
Feeling aggrieved over the non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Since all three of the above appeals arise out of the same issue of grievance of the appellant pertaining to an Inquiry against him and non-payment of his salary and other dues, they are hereby adjudicated by a common order.
The appellant has not appeared despite advance service of notice of hearing. Respondent is present and submits that complete information had been provided to the appellant in the form of letter dated 25.05.2017. Contents of the letter dated 25.05.2017, provided to the appellant in response to his queries, in terms of orders of the FAA, reveal that the appellant an Physical Education Teacher Ex-Physical Education Teacher was removed from service on 28.10.2006 pursuant to disciplinary proceedings initiated against him. He had preferred an appeal in DST which was dismissed, followed by an appeal in the Hon'ble High Court of Delhi, which was also dismissed. The school vide the said letter dated 25.05.2017 had also stated that all the dues which had accrued to the appellant, had been paid at the time of removal of services, details whereof had also been duly furnished to him.
Decision:
Perusal of records and averments of the respondent reveal that the Appellant had not availed the option of inspecting records, as provided by the FAA. The appellant has neither appeared nor submitted any written submission to buttress his case. In the given circumstances, it is not possible to ascertain the stance of the appellant or adjudicate the case/s, considering the information already provided by the respondent.
Hence, the appeals are hereby disposed off with no further directions.
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 4 of 4