Central Information Commission
Punit Kumari vs Directorate Of Education on 24 September, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/DIRED/A/2023/123923
Punit Kumari .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Sant Nirankari Boys Senior
Secondary School, Sant
Nirankari Colony, Delhi - 110009 ....प्रनर्वािीगण /Respondent
Date of Hearing : 09.09.2024
Date of Decision : 23.09.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 13.01.2023
PIO replied on : Not on record
First appeal filed on : 06.03.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 26.05.2023
Information sought:
The Appellant filed an RTI application dated 13.01.2023 seeking the following information:
"Complete service record book of applicant namely Mrs. Punit Kumari W/o Sh. Sri Prakash be provided by this office."Page 1 of 3
Having not received any response from the PIO, the appellant filed a First Appeal dated 06.03.2023. The FAA's order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present along with Shri Shree Prakash in person. Respondent: Adv. Mubashshir Javaid Siddiqui appeared on behalf of the PIO.
The appellant inter alia submitted that she sought her own service record book, however, the same has not been provided by the respondent till the date of hearing. She requested the Commission to take necessary action against concerned CPIO and provide the desired information free of cost.
Adv. Mubashshir Javaid Siddiqui appeared on behalf of the PIO and submitted that matter was in the court, hence, the information was not provided to the appellant.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that neither the PIO nor the FAA has provided any reply or information till the date of hearing. The respondents have not made any efforts to respond to the RTI application even upon receipt of hearing notice.
Adv. Mubashshir Javaid Siddiqui appeared on behalf of the PIO but failed to produce any authority letter of the PIO. Besides, he submitted that the matter is pending in the court, therefore, information could not be furnished to the appellant. His oral submission that case is sub-judice hence, information cannot be parted is inadmissible in the instant case because the same is not a ground for exemption under the RTI Act. It is noted that Adv. Mubashshir Javaid Siddiqui is not aware of the facts of the case and thus, failed to assist the Commission in disposing the matter. He was not even aware of the name Page 2 of 3 of the PIO and the FAA of the department on whose behalf he appeared before the Commission.
In view of the above, present PIO and the then PIO (as on 13.01.2023) are show caused to explain as to why maximum penalty under section 20 (1) of the RTI Act should not be imposed upon each of them for not providing the information to the appellant. The present PIO is given responsibility to serve a copy of this order as well as show cause notice to the then PIO and submit their written explanations. All the written explanations (from both the PIOs) must reach the Commission within four weeks. Both the PIOs (present and the then) should be present on the next date of hearing.
In addition to the above, the present PIO is directed to provide information to the appellant as per the provisions of the RTI Act, within three weeks from the date of receipt of this order.
The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Sant Nirankari Boys Senior Secondary School, Sant Nirankari Colony, Delhi - 110009 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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