Central Information Commission
Appala Naidu Kimidi vs Ministry Of Defence on 3 July, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/DODEF/A/2023/614210
Appala Naidu Kimidi .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Sainik School, Korukonda,
Vizianagaram Dist-535214. .....प्रनर्वािीगण /Respondent
Date of Hearing : 27.06.2024
Date of Decision : 02.07.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 26.10.2022
CPIO replied on : 26.11.2022
First appeal filed on : 19.12.2022
First Appellate Authority's order : 01.02.2023
2nd Appeal/Complaint dated : 18.03.2023
Information sought:
The Appellant filed an RTI application dated 26.10.2022 seeking the following information:
(A). A copy of Standard Operating Procedure (SOP) which in vogue with regard to House Masters' tenure, duration and rotation in Sainik School Korukonda.Page 1 of 6
(B). A Copy of details of House Mastership performed by academic staff as per the seniority list in the last 30 years at Sainik School Korukonda along with the dates and duration of their first and second tenures in the given format.
(C). Does any rule say that TGT has to be the House Master of the Junior Houses and PGT has to be the House Master of Senior Houses or vice-
versa at Sainik School Korukonda? If, yes, please provide information / reason / rule position.
(D). A copy of the first and second term House Mastership appointment orders of Mr. KVS Prasad (TGT), Mr. EGT Kutty (TGT), Mr. PV Giri Kumar (TGT), Mr. N Meher Srini (PGT), Mr. Martin Tom (PGT), Mr. K. Sasi Kiran (TGT) and Mr. K. Appala Naidu (TGT) at Sainik School Korukonda. (E). A copy of note on file of the request made by Mr. Appala Naidu Kimidi TGT, for continuation of his services as House Master at Maurya House for the Second Term dated 24 Jun 2020 at Sainik School Korukonda. (F). A copy of note on file for relieving from the duties of House Mastership of Mr. N Meher Srini PGT, Mr. PV Giri Kumar TGT and Mr. Appala Naidu Kimidi TGT after the completion of their second term as stated in the circular SSK/1293/MO/HMA/2022 dated 14 June 2022 at Sainik School Korukonda.
(G). Can a Single Order to relieve the duties of staff have different dates of movement vide circular SSK/1293/MO/HMA/2022 dated 14 June 2022? If YES, please provide information / reason / rule position, existing at Sainik School Korukonda.
The CPIO furnished a reply to the Appellant on 26.11.2022 stating as under:
a. As per rule 5.11 (b), 5.13, 5.14, 5.15 & 12.01 of Sainik Schools Society Rules and Regulations b. Appendix - A c. Rule 5.15 of Sainik Schools Society Rules and Regulations d. According to section 2 (n) of the RTI Act, 2005, 'third party' e. Appendix - B f. According to section 2 (n) of the RTI Act, 2005, 'third party' Yes g. Rule 12.01 of Sainik Schools Society Rules and Regulations Being dissatisfied, the appellant filed a First Appeal dated 19.12.2022. The FAA vide its order dated 01.02.2023 held as under:Page 2 of 6
1. I am of the opinion that the basic aim of the RTI Act is to provide information to citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, contain corruption and to hold Governments and their instrumentalities accountable to the governed. I am also of the opinion that information seeker, being an employee is not expected to question the decisions of the superior officers in the garb of seeking information for promotion of his personal interest.
2. And whereas, Shri K Appala Naidu, TGT Biology working in the school as permanent teacher since 27 Aug 2010 has preferred multiple RTI applications after 12 years of working in the school seeking voluminous information to settle personal scores post feeling aggrieved on the decisions taken by the administration in the overall interest of the school in accordance with the Sainik School Society Rules and Regulations. I am of the opinion that the applicant is using RTI Act 2005 as a tool for his vendetta against organization to settle his personal grievances. The background of the case is given in succeeding paragraphs.
3. Background: The applicant Sri K Appalla Naidu, TGT Biology was appointed in Sainik School Korukonda on 27 Aug 2010. The teacher performed the secondary duties of House Master Maurya House from Apr 2015 to Sep 2022 consecutively for 7.5 years and was relieved from duties of the House Master in accordance with Sainik School Society Rules and Regulations. The individual forwarded his grievance to the Inspecting Officer (Brigadier) for being relieved prior to completion of his term as the house master of Maurya House and allied grievances. The same was examined in light of Rules and Regulations and found devoid of merit. In the reply, the Inspecting Officer, informed the individual that the actions of administration are in accordance with the Sainik School Society Rules and Regulations and the applicant was advised to abide by the orders/ instructions passed by the principal. The applicant raised the level and forwarded his grievance to the Joint Secretary (SSS/BR), Ministry of Defence. The grievance was examined through proper channel in light of Sainik Schools Society Rules and Regulations at each level and disposed of by the Flag Officer Commanding-in-Chief, Eastern Naval Command who is the Chairman, Local Board of Administration and the Joint Secretary, Ministry of Defence stating that the grievance is devoid of any merit and untenable. The speaking order of the Joint Secretary, Page 3 of 6 (SSS/BR) advised the individual to abide by the orders/ instructions passed by the Principal Sainik School in accordance with Rule 9.01 (e) of Sainik School Society Rules and Regulations.
4. And whereas, the applicant apparently knowing that the grievance holds no merit without exhausting the departmental channel within two days of forwarding of his grievance to the Joint Secretary.
Ministry of Defence. also filed a writ petition in the Honourable High Court of Andhra Pradesh vide W P No. 34461/2022 dated 20 Oct 2022 Pending writ petition in the Honourable High Court of AP the applicant is seeking clarifications/reasons which pertain to the Court case. The applicant is aware of Sainik School Society Rules and Regulations and residing in the campus for a long period of 12 years. The multiple RTI applications apparently are aimed to harass the CPIO. This questions the intentions of applicant of misuse of RTI Act which has been condemned by various CICs while dealing with variety of RTI cases.
5. Notwithstanding the above, in the spirit of RTI Act of 2005, the CPIO has provided the permissible information to the applicant under the ambit of RTI Act. The first appeal has been examined especially in the light of Section 8(1)(h) RTI Act of 2005 and the replies given by CPIO vide their letter No. SSK/048/MO/RTI/2022, dated 26 Nov 2022 is upheld. Hence, no intervention is required on behalf of the First Appellate Authority in this matter. The appeal is disposed off accordingly.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference Respondent: Shri Abhilash, CPIO, appeared through video conference The appellant inter alia submitted that he was not satisfied with the reply given by the respondent as complete information was not provided by the respondent.
The respondent while defending their case inter alia submitted that they had already provided point-wise information as per the records available with them vide letters dated 26.11.2022 and 01.02.2023.Page 4 of 6
The respondent stated that the appellant Sri K. Naidu was appointed TGT Biology in Sainik School Korukonda on 27 August 2010. He performed the secondary duties of House Master Maurya House from April 2015 to September 2022 consecutively for 7.5 years and was relieved from duties of the House Master in accordance with Sainik School Society Rules and Regulations. The appellant has forwarded his grievance to the Inspecting Officer (Brigadier) for being relieved prior to completion of his term as the house master of Maurya House and allied grievances. The same was examined in light of Rules and Regulations and found devoid of merit. The appellant further forwarded his grievance to the Joint Secretary (SSS/BR), Ministry of Defence. The grievance was examined through proper channel and disposed of by the Flag Officer Commanding-in-Chief, Eastern Naval Command who is the Chairman, Local Board of Administration and the Joint Secretary, Ministry of Defence stating that the grievance is devoid of any merit and untenable. Further, the appellant has approached the Hon'ble High Court of Andhra Pradesh for his grievances and the matter is pending. However, they added that information sought has been 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 appropriate reply has been given by the respondents vide their letters dated 26.11.2022 and 01.02.2023. The respondent during the hearing submitted that the appellant, Shri K Appala Naidu, TGT Biology working in the school as permanent teacher since 27 August 2010 has preferred multiple RTI applications after 12 years of working in the school seeking voluminous information to settle personal scores post feeling aggrieved on the decisions taken by the administration in the overall interest of the school in accordance with the Sainik School Society Rules and Regulations. The appellant failed to establish as to how the reply given by the respondent was incomplete and also failed to establish any larger public interest warranting the disclosure.
In view of the above, the Commission finds that information provided by the respondent is in consonance with the provisions of the RTI Act and no intervention is called for in this matter.Page 5 of 6
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, Sainik School, Korukonda, Vizianagaram Dist -535214.Page 6 of 6
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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