Madan Mohan Mehra vs Ut Of Jammu And Kashmir on 9 August, 2024

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Central Information Commission

Madan Mohan Mehra vs Ut Of Jammu And Kashmir on 9 August, 2024

Bench: Heeralal Samariya

                                के न्द्रीय सूचना आयोग
                       Central Information Commission
                            बाबा गंगनाथ मागग, मुननरका
                       Baba Gangnath Marg, Munirka
                        नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/UTOJK/A/2023/132617.

Shri MADAN MOHAN MEHRA.                                   ... अपीलकताग/Appellant
                                VERSUS/बनाम

PIO,                                                  ...प्रनतवािीगण /Respondent
UT of Jammu and Kashmir.


Date of Hearing                      :   07.08.2024
Date of Decision                     :   07.08.2024
Chief Information Commissioner       :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :      17.03.2023
PIO replied on                    :      NA
First Appeal filed on             :      15.05.2023
First Appellate Order on          :      24.05.2023
2ndAppeal/complaint received on   :      04.08.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 17.03.2023 seeking information on following points:-

"Kindly provide the information pertaining to person namely Ashok kumar Mehra S/o Late Sh. Om Parkash Mehra r/o Nai Basti(Satwari) District Jammu that whether said Ashok Kumar appeared in class 10th (Matric) examination in the school namely S.P. Academy Exchange Road District Jammu and if he appeared in the said examination then provide the details are as under:

Board examination Roll number.

Session Annual/Bi-Annual Year of passing of 10th class examination. Board Registration.

Copy of Matriculation certificate.

That as per discharge certificate of your school(S.P. Academy Exchange Road Jammu) date of birth of Ashok Kumar Mehra is 15- 7-1960 and as per discharge certificate of Govt. High school Boys Jammu Cantt District Jammu the date of birth of Ashok Kumar Mehra is 9-8-1956. Therefore there is contradiction in both the date of birth certificates. Copy of discharge Page 1 of 3 certificate issued by Govt. High school Boys Jammu Cantt. District Jammu is enclosed for perusal."

CPIO, Chief Education Officer, Jammu transferred the instant RTI Application to Zonal Education Officer, Jammu vide letter dated 31.03.2023.

CPIO, Chief Education Officer, Jammu furnished reply dated 02.06.2023 as under :

In reference to the subject caption above, reply of the information which you have sought in your RTI application submitted by the concerned Principal S P Higher Secondary School Exchange Road, Jammu through e mail to this office is enclosed.

"....we are not covered under RTI Act.."

Aggrieved by non-receipt of any information from the CPIO within the time limit, the Appellant filed a First Appeal dated 15.05.2023. The FAA, Directorate of School Education vide letter dated 24.05.2023 transferred the first appeal to FAA, Joint Director Education, Jammu.

The FAA, Directorate of School Education vide order dated 10.06.2023 upheld the reply furnished by the PIO, CEO, Jammu Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Written submission dated 26.06.2024 has been received from the CPIO, Chief Education Officer, Jammu and same has been taken on record for perusal.

Facts emerging in Course of Hearing:

Appellant: Not present Respondent: Mr. Jagdeep Kumar Bagga- Chief Education Officer, Jammu- participated in the hearing through conferencing.

The Respondent reiterated the averments made in their written submission and stated that the relevant information has been duly provided to the Appellant from their official record. He further stated that S P Higher Secondary School Exchange is private unaided school and same is not covered under RTI Act.

Decision:

At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.

Page 2 of 3

Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the custodian of information. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.

Appeal is disposed of accordingly.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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