Central Information Commission
Dushanti Pradhan vs Directorate Of Education on 5 July, 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/2023/117236
Dushant Pradhan .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
O/o Deputy Director of Education,
District South East, Block C,
Defence Colony,
New Delhi - 110049. .....प्रनर्वािीगण /Respondent
Date of Hearing : 02.07.2024
Date of Decision : 04.07.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 23.01.2023
CPIO replied on : 13.03.2023
First appeal filed on : 24.02.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 17.04.2023
Page 1 of 5
Information sought:
The Appellant filed an RTI application dated 23.01.2023 with the PIO, DDE, Headquarter, GNCTD, New Delhi seeking the following information:
"निवेदि है कि मैंिे आपिे िार्ाालर् मे भारतीर् डाि सेवार्े रशीद संख्र्ा ED256103015-IN ददिाि 27.12.2022 िे माध्र्म से राजिीर् बाल उच्चतर माध्र्ममि ववधालर् िं 1-2-3-4-5 सवोदर् बाल ववधालर् आदद िे संबंध मे मेरे मशिार्त पत्र पर िर्ा िार्ावाही हुई है इस संबंध मे निमि सूचिाएं उपलब्ध िरार्े।
1. मेरे मशिार्त पत्र पर ववभाग द्वारा िी गर्ी िार्ावाही िी दै निि प्रिृनत ररपोर्ा उपलब्ध िरार्े अर्ाात मेरा मशिार्त पत्र किस अधधिारी िे पास िब से िब ति रहा उस अधधिारी दवारा िर्ा दर्प्पणी िी गर्ी अधधिारी िी दर्प्पणणर्ों िी प्रमणणत छार्ाप्रनत मलवप उपलब्ध िरार्े।
2. मेरे उित मशिार्त पत्र पर उधचत िार्ावाही िरिे िे मलए निर्ुक्त अधधिारी िा िाम पद पता तर्ा समपिा सूत्र उपलब्ध िरार्े।
3. मेरी मशिार्त दरू िरिे िे मलए निर्ुक्त अधधिारी द्वारा िोई िार्ावाही ि िरिे िा दोषी िरार दे ते हुए उस अधधिारी िे ववरुद्ध िी जािे वाली िार्ावाही िा वववरण दे ।"
The PIO, DDE, Zone-29 upon receipt of RTI Application on transfer basis furnished a reply to the Appellant on 13.03.2023 by stating as under -
"there is no specific information asked by the applicant in the RTI and it appears to be a complaint which is not covered under the purview of RTI Act, 2005."
Being dissatisfied, the appellant filed a First Appeal dated 24.02.2023. The FAA 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:-Page 2 of 5
Appellant: Not present.
Respondent: Dr. Jai Kishan, Deputy Director-cum-PIO, DDE Zone 29, GNCTD, Delhi accompanied by Shri Himanshu Dogra, TGT Computer Science present in person.
A written submission dated 01.07.2024 has been filed by the PIO/DDE (Zone-
29) which is taken on record, contents of the same are reproduced below for the sake of clarity -
"The RTI applicant Sh. Dushyant Pradhan had filled an RTI application which was received in the O/o the undersigned on 15.02.2024. The reply was sent to the applicant within stipulated time on 10.3.2023 stating therein that the application moved by the applicant was more of a complaint rather than seeking information (copy enclosed).
The applicant preferred an appeal on 03.03.2023 before the PIO only instead of the First Appellant Authority who happens to be the Regional Director, East. However, the reply was again sent to him on 03.04.2024 (copy enclosed). The applicant while moving his appeal changed the content of the initial questions, however that was also replied by way of forwarding the content to concerned schools. The school in their reply have informed:
(i) To protect the unauthorised entry and exit, height of boundary has been temporarily increased by setting the iron nets and barbed wires.
(ii) Security guards are always available at the school entry and exit points of the schools. Guards as well as schoolteachers also giving duties at the time of morning assembly, recess and dispersal of students.
(iii) EOR regarding construction of boundary walls has been raised and Joint inspection also carried out by PWD.
(iv) Discipline is always being maintained in the school premises by PET, house in charge, discipline in charge.Page 3 of 5
(v) There is positive teaching and learning atmosphere in the school, no case of truancy/indiscipline reported in the school.
(vi) Visitor register is being maintained at the school gate to monitor the entry and exit of outsiders.
Thus it may be seen that there is no laxity in replying to the application of the applicant. However that a copy of the reply submitted by concerned schools is enclosed for your ready reference."
Upon being queried by the Commission as to why action taken report on complaint dated 27.12.2022 was not furnished to the Appellant, the PIO answered that his office has received the RTI Application from the then PIO,DDE, Headquarters and initial reply was furnished by the then PIO, Shri Rajiv Kumar, Deputy Director, DDE Zone 29, GNCTD who has since been retired. Further, he averred that the then PIO had transferred the RTI application to all HOS of the school vide letter No. DDE/S.E./Zone-29(RTI ID-
646)2023 dated 03.04.2023 but no specific response were received from the concerned schools at the relevant time.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the records, observes that the reply provided by the Respondent vide letter dated 13.03.2023 was evasive and misleading as the Appellant sought action taken report on his complaint dated 27.12.2022. The reply given by the then PIO stating that no specific information has been sought clearly showed that the Respondent Public Authority has deliberately tried to withhold the information under RTI Act.
Nonetheless, upon receipt of hearing notice from the Commission, the Respondent has provided the information to the Appellant which ought to have been done in the first instance itself. Such causal conduct of the then PIO, Shri Rajiv Kumar, Deputy Director, DDE Zone 29 is viewed adversely and admonished.
Notwithstanding the above, as far as RTI application is concerned, the reply given by PIO now with his written submission dated 01.07.2024 is appropriate in terms of the RTI Act. Hence, no relief can be granted in this matter.
Page 4 of 5However, in the spirit of the RTI Act, the Respondent is directed to send a copy of his written submission dated 01.07.2024 along with enclosures to the Appellant through speed post within one week from the date of receipt 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, O/o Regional Director of Education (East), Sarvodaya Co-Ed. Sec. School, I.P. Extension, Patparganj, Delhi-110092.
Shri. Dushant Pradhan C-408, Harsh Vihar, Hari Nagar Extn, Part-III, Badarpur, New Delh-110044.Page 5 of 5
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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