Central Information Commission
Ms Anju Rajput vs Army School, Ferozpur on 17 November, 2009
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/SM/A/2009/000822/LS
Appellant : Ms Anju Rajput
Public Authority : Army School, Ferozpur
(through Col (Retd) Amar Narvat & Col
(Retd) Balbir Singh)
Date of Hearing : 17.11.2009
Date of Decision : 17.11.2009
FACTS :
The matter, in short, is that the appellant was serving as a Teacher in Army School, Ferozepur. However, pursuant to certain disciplinary proceedings, she was dismissed from service in 2006. In this context, vide her RTI application dated 22.5.2008, she has sought information on the following 04 paras :-
"(i) Copy of letter of termination of Shri Sunil Dutt Ex Teacher, Army School, Ferozpur.
(ii) Copy of representation given by Shri Sunil Dutt vide which he had demanded payment of all the dues and their details.
(iii) Copy of complete process made on the above said representation.
(iv) Details of terminal dues paid if any i.e. amount, date of Cheque and the bank on which it was drawn.
2. Col K.V.P.S. Hundal (PIO) vide letter dated 26.6.2008 had informed the appellant that the School was an unaided school and was not receiving any grant from the Central or State Government and was, therefore, not in the domain of the RTI Act. The Appellate Authority had affirmed the decision of CPIO vide letter dated 20.8.2008.
3. The present appeal is directed against the orders of CPIO/AA.
4. Heard on 17.11.2009. The School is represented by the officers named above. The appellant is represented by her husband Shri Om Prakash. Shri Om Prakash has relied on this Commission's decision dated 1.8.2008 in Appeal No. CIC/WB/A/2007/00315 (Ramesh N. Gandhi Vs Hq SWAC) wherein the Commission had directed the Air Force Station Commander to provide information to the appellant in accordance with the provisions of RTI Act. He has also relied on this Commission's decision dated vide 23.1.2007 in File No. CIC/OK/C/2007/00129 wherein it was held that the Sanskriti School, New Delhi, is a 'public authority'. Besides, he has also relied on the Hon'ble Delhi High Court judgment dated 19.11.2008 in W.P(C) No. 6488 of 2007 (Saroj Devi Vs Union of India & Ors) to buttress his case.
5. He has also produced a copy of the letter dated 7.11.2009 of Maj Sanjeev Kumar G.E. (East), Firozepur Cantt wherein he informed the appellant that about 65 lakhs of rupees have been spent on the Army School, Ferozepur, in the last couple of years from the Government funds. It is, thus, his plea that when the Government is spending such a huge amount o money on the maintenance of the School in question, the view taken by the CPIO and the Appellate Authority that the school is not a 'public authority' is not sustainable in law. He, therefore, strongly pleads for disclosure of information sought by him.
6. To this, Col Narvat would respond that with a view to enable him to present his case properly, he may be provided copy of the material submitted by the appellant before this Commission. He also seeks a short adjournment to properly plead his case.
INTERIM DECISION
7. In view of the above, Col Narvat is given copy of the material submitted by the appellant. The case is adjourned to 22.12.2009 at 1050 hrs. Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Assistant Registrar Address of parties :-
1. Col (Retd) Amar Narvat Army School, HQ 11 Corps, 56 APO
2. Ms Anju Rajput 332, Krit Nagar, Ferozepur City-152002