Central Information Commission
Manjeet Singh vs Gnctd on 6 March, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंग नाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई ददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/GNCTD/A/2017/142751
CIC/GNCTD/A/2017/143533
CIC/GNCTD/A/2017/143342
Shri Manjeet Singh ... अपीलकताग/Appellant
R/O 123 B-9 Sector 3
Rohini, Delhi-110085
VERSUS/ बनाम
PIO, Delhi Sikh Gurdwara Management ...प्रनतवादीगण /Respondents
Committee HQ Delhi Gurudwara Rakabganj
Sahib Ji
New Delhi.
Through:
Ms. Avneet Kaur, Advocate.
Date of Hearing : 06.03.2019
Date of Decision : 06.03.2019
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 16.03.2017
PIO replied on : 08.04.2017
First Appeal filed on : 16.04.2017
First Appellate Order on : 13.05.2017
2ndAppeal/complaint received on : 19.06.2017
Since the parties involved as well as the subject matter of the present
batch of appeals are same, the appeals are clubbed together for the
purpose of hearing and adjudication.
Page 1 of 5
CIC/GNCTD/A/2017/142751
Information soughtand background of the case:
The Appellant vide RTI application dated 16.03.2017 soughtthe following information:
"
1. What action had been taken regarding my request letter dated 16.07.2012 and letter dated 01.12.015, copies enclosed?
2. What action has been taken regarding letter No. GHPS/TN/2012- 13/GEN/1831 dated 25.07.2012?
3. The school management should have released my salary after implementation of 6thPay Commission by own self. Now please release my salary dues with interest till date."
The PIO vide letter dated 08.04.2017 furnished point wise reply to the appellant. Being dissatisfied, the Appellant filed first appeal dated 16.04.2017. FAA/DSGMC vide order dated 13.05.2017 dismissed the appeal holding that complete information has already been furnished. Being aggrieved, the appellant approached the Commission with the instant second appeal.
CIC/GNCTD/A/2017/143533 Information sought and background of the case:
The Appellant vide RTI application dated 22.03.2017sought following information:
1. What action has been taken regarding my request for joining decision 05.03.2016 by 3-member committee, constituted on dated 29.02.2016?
Please provide me certified copies.
2. What was the inquiry proceeding & minutes record register? What was the order passed by the inquiry committee? Provide me certified copies.
Page 2 of 53. What is the legal report till date? Provide me certified copies.
4. What is the Education Deptt. Report till date regarding this matter? Provide me certified copies.
5. What was the final decision of President & Gen. Secretary of DSGMC after my inquiry dated 30.03.2016? Which was my 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 allowed for joining my duties? Provide me certified copies.
The PIO vide letter dated 18.04.2017 furnished point wise reply to the appellant. Being dissatisfied, the Appellant filed first appeal dated 22.04.2017. The FAA/DSGMC vide order dated 23.05.2017 directed the PIO to refer the matter to the concerned authority i.e. GHPS Society being the custodian of information. Feeling aggrieved over non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal.
CIC/GNCTD/A/2017/143342 Information sought and background of the case:
The Appellant vide RTI application dated 22.03.2017 sought the following information:
1. What action had been taken regarding my inquiry taken by Head Quarter of DSGMC 3-member committee namely Staff Review Committee DSGMC (H.Q) on 01.07.2006 and on 04.07.2006. Than I was appeared on all dates? Please provide me certified copies.
2. What was the decision of constituted committee by than president and Gen. Secretary of DSGMC?
3. Please provide me certified copies of room no. 9, DSGMC (H.Q) inquiry.
4. What was the inquiry proceedings and minutes record register of than inquiry committee of HQ of DSGMC? Provide me certified copies.Page 3 of 5
5. What was the order passed by the inquiry committee for me? Please provide me certified copies.
6. What was the than Education Cell Report regarding this matter? Please provide me certified copies.
7. What was the Legal Cell Report of this inquiry committee in my case?
Please provide me certified copies.
The PIO vide letter dated 18.04.2017 furnished point wise reply to the appellant. Being dissatisfied, the Appellant filed first appeal dated 22.04.2017. The FAA/DSGMC vide order dated 23.05.2017 directed the PIO to refer the matter to the concerned authority. Feeling aggrieved over non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The appellant is absent despite service of the notice of hearing. The respondent PIO is represented through counsel. Narrating the backdrop of the case at hand, the Ld. Counsel submits that the appellant was appointed as Physical Education Teacher (P.E.T.) in 2001 in Guru Harkishan Public School Society. The appellant was removed from service in year 2006 over allegations of theft. The Ld. Counsel submits that the appellant unsuccessfully challenged his termination before the Delhi School Tribunal as well as twice before the Hon'ble Delhi High Court.She submits that Delhi Sikh Gurudwara Management Committee (DSGMC) is a separate body and Guru Harkishan Public School Society is an autonomous body which manages various minority educational institutions. It is submitted by the Counsel that this Commission in case of Bhupinder Singh versus Guru Harkrishan Public Schoolhas held that GHPS is not a public authority. It is her contention that all the queries of the appellant relate to the records maintained by GHPS, and hence lodging RTI requests with DSGMC is impermissible, per se.
Decision:
The Commission finds that the RTI applications seek information which is not within the custody of the respondent public authority DSGMC. As such, the Commission finds the present RTI applications to be non-maintainable and reject the same. As a result, the present appeals are dismissed.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त ) Page 4 of 5 Authenticated true copy (अभिप्रमाणित सत्यापित प्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 5 of 5