Central Information Commission
Pardeep Singh Bisht vs Navodaya Vidyalaya Samiti on 30 September, 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/NAVVS/A/2020/664549
Pardeep Singh Bisht ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Navodaya Vidyalaya Samiti, RTI
Cell, B-15, Institutional Area,
Block B, Industrial Area, Sector 62,
Noida, Uttar Pradesh-201307. .... ितवादीगण /Respondent
Date of Hearing : 29/09/2021
Date of Decision : 29/09/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 13/12/2019
CPIO replied on : 20/12/2019, 24/12/2019 & 03/01/2020
First appeal filed on : 03/01/2020
First Appellate Authority order : 04/02/2020
2nd Appeal/Complaint dated : 25/02/2020
1
Information sought:
The Appellant filed an online RTI application dated 13.12.2019 seeking the following information;
1. Kindly provide the photocopy of the proposal of 10% special allowance send by NVS to the Ministry of HRD/Finance for the employee of the Jawahar Navodaya Vidyalaya.
2. Kindly provide the photocopy of the approval of 10% special allowance approved by the Ministry of Finance for Jawahar Navodaya Vidyalaya employee.
3. Vidyalaya employees called 03 days in advance during summer vacation are they entitled for TA/DA and earned leave benefits. Kindly provide the copy of the letter.
4. Casual workers engaged in the Jawahar Navodaya vidyalya are entitled for weekly off as per the NVS norms.
5. Weekly off given to the casual/daily wagers are paid weekly off or not as the NVS norms.
6. Transfer list for non-teaching is not yet released for the year 2019 as per the nvs transfer policy. Kindly provide information that it will be released this year or not. Or separate window will open for the transfer of the non-
teaching employee in the year 2020 or the case of 2019 will be considered.
The CPIO furnished reply to the appellant on 20.12.2019 against point No. 3 of the RTI application as under:-
Ans-3 The above said information is available NVS, HQ website www.nvs.nic.in download-compendium of circular Vol.1 page 58.
The CPIO furnished a reply to the appellant on 24.12.2019 against point No. 6 of the RTI application as under:-
Point No. 6:- PIO can provide information available in record. He cannot give answer to the questions, reasons, opinion and clarifications etc under RTI Act-2005.2
The CPIO furnished a reply to the appellant on 03.01.2020 against points no 4 & 5 of the RTI application:-
Pt. No. 4 and 5: Provisions of minimum wages act are followed in this regard.
Being dissatisfied, the appellant filed a First Appeal dated 03.01.2020. FAA's order dated 04.02.2020 upheld the reply of the CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the following grounds -
1. "Point no 3- letter dated18/01/2002 is showing that it is specially for the teacher as they are getting 10% special allowance for that but there are other non-teaching staff members who reports on duty during vacation 03 days before. It is also not cleared that what was discussed in next Deputy Directors conference. As per the leave rule 28, GID (9) staff will get the benefit of earned leave when call during vacation. Even not cleared that ta/da will be paid to them
2. point no.4& 5 not cleared that casual workers are entitled for weekly off and the weekly off is paid off or not and did not cleared that what are the provision of minimum wages act no supporting documents has been attached as in Jawahar Navodaya Vidyalaya wages are been deducted in lieu of weekly off.
3. point no.6 NVS has made the transfer policy and teachers, principal and vice principal has been transferred by the NVS itself, All the decision made by the samiti itself but not cleared regarding the transfer of non-teaching staff."
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present. (Remained unavailable for audio-conference hearing.) Respondent: Manikuntla Sarkar, Consultant (E-III) & CPIO present through audio- conference.
The Commission remarked at the outset that the hearing notice served to the Appellant has been received back undelivered with the remarks "Unclaimed" and also the fact remains that the contact number of the Appellant was not getting connected at the allotted time of hearing. It was further remarked by the 3 Commission that the core contention raised by the Appellant in the instant Appeal was dissatisfaction with the CPIO's reply against points no. 3 - 6 of RTI Application.
The CPIO submitted that reply has already been given to the Appellant. She further through her written submission dated .092021 apprised the Commission as under-
"....that Jawahar Navodaya Vidyalayas being the residential co- educational institution, both boys and girls are residing in the campus. As such, the staff put on duties as per the requirement of JNV concerned, considering the interest of the students. Principal being the Competent Authority, he may decide the duties of mess staff considering the need of the Vidyalaya and the students in particular. Moreover the vacational staff are required to report three days before the opening of ]NV after Summer Vacation for making necessary planning/ preparation to receive the children on 1st July i.e. opening of the Vidyalaya after Summer Vacation. As regard the minimum wages to the casual workers, it is to informed that minimum wages for the employees working in the posts of Group D, ECP and Matron in the JNVs on casual/ daily wages basis will be paid at the rates fixed by the Central Govt. or the State Govt./UT from time to time, whichever is higher. As regard transfer policy of NVS, the transfer of employees of Navodaya Vidyalaya Samiti are being regulated as per the provisions of this transfer policy circulated vide Notification dated 04.04.2012. Hence transfer policy is for all teachers, Principals, Vice Principals and non teaching staff of NVS. Copy of the relevant notifications and letters are also annexed by the PIO with her written submission..."
Decision:
The current milieu of the COVID pandemic has necessitated the Commission to take some extraordinary steps in the disposal of cases to avoid further backlog and delays subverting the very purpose of RTI Act which includes inter alia hearing cases through audio conferencing. The instant case being one such instance where even so the Appellant could not be heard of, the Commission is constrained to dispose of the case after hearing submissions of the CPIO and perusing the case records on merits.
In doing so, the Commission upon a perusal of records observes that the information sought for at points no. 3- 6 of RTI Application do not conform to 4 Section 2(f) of the RTI Act as the Appellant has not sought for specific information per se and has rather sought for clarifications/ inferences from the CPIO, yet the CPIO in his/her wisdom has provided necessary clarifications to assist the Appellant by inviting his attention towards specific circulars of NVS and Minimum Wages Act which is in keeping with the spirit of RTI Act, merits of which cannot be called into question.
The Appellant shall note that outstretching the interpretation of Section 2(f) of the RTI Act to include deductions, inferences to be drawn by the CPIO is unwarranted as it casts immense pressure on the CPIOs to ensure that they provide the correct deduction/inference to avoid being subject to the penal provisions of the RTI Act. It will be relevant here to cite a judgment of the Apex Court on the scope and ambit of Section 2(f) of RTI Act in the matter of CBSE vs. Aditya Bandopadhyay & Ors[CIVIL APPEAL NO.6454 of 2011]wherein it was held asunder:
"35. At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing............ A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide `advice' or `opinion' to an applicant, nor required to obtain and furnish any `opinion' or `advice' to an applicant. The reference to `opinion' or `advice' in the definition of `information' in section 2(f) of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act." (Emphasis Supplied) In view of the foregoing, no further relief can be granted in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) 5 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 6