Central Information Commission Judgements

Mr. Sanjay Gupta vs Directorate Of Education, Govt. … on 11 December, 2009

Central Information Commission
Mr. Sanjay Gupta vs Directorate Of Education, Govt. … on 11 December, 2009
                    CENTRAL INFORMATION COMMISSION
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                      Old JNU Campus, New Delhi - 110067
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                                                      Decision No. CIC/SG/A/2009/002617/5857
                                                             Appeal No. CIC/SG/A/2009/002617
Relevant Facts

emerging from the Appeal:

Appellant                             :       Mr. Sanjay Gupta
                                              Jhuggi No.1, Nr. B-39,
                                              Karampura, Back Side,
                                              New Delhi - 110015

Respondent                            :       Mr. Anjum Masood
                                              Public Information Officer & ADE
                                              Directorate of Education,
                                              Govt. of NCT of Delhi

Patrachar Vidyalaya, BL-Block, Shalimar Bagh,
New Delhi – 110088

RTI application filed on : 15/06/2009
PIO replied : 26/06/2009
First appeal filed on : 13/08/2009
First Appellate Authority order : 30/09/2009
Second Appeal received on : 16/10/2009
Date of Notice of Hearing : 30/10/2009
Hearing Held on : 11/12/2009

Information Sought:

The Appellant had through his 13 queries sought information from PIO, Patrachar Vidyalaya
regarding roll no. P0802200064. He had sought photocopy of answer sheet, date on which books
distributed to the students, name of the teacher taking practical classes, rules for re-appearing in
failed papers, last of date of filling of re-appearing form, number of practical files received and
so on.

PIO’s Reply:

The PIO in his point wise reply states that Answer Sheets issued relates to NIOC. PIO had also
provided list of students books to whom were distributed as on 10.12.08, Mr. Aman Prit is taking
practical classes, NIOC declares re-appearing forms and dates, he had also send a copy of form
and provided date of submitting re-appearing form and so on.

First Appeal:

Information provided on point no. 1, 9, 10 & 13 are incorrect and misleading.

Order of the FAA:

“I have perused the original RTI application dated 18/06/2009, reply furnished by the PIO(HQ)
dated 17/07/2009 and the appeal filed by him on 13/08/2009. I am of the view that question 1, 9,
10 & 13 which relates to Patrachar Vidhayyalaya, the reply for which is to be given within 15
days from the receipt of the order through PI(HQ).”
PIO’s Reply after FAA’s order on 12/10/2009:
After the order of the FAA the PIO gave point-wise reply to queries 1, 9, 10 & 13 to the
Appellant as follows:

Sl. Information Sought PIO’s Reply

1. Photocopy of Home Science (216), This information is not available in the
Math(211), Social Science (213) and Patrachar Vidyalaya.
Science(212) be given in respect of Roll no.
P080200064.

9. Books proved in time, Yes or No. No. books not provided in time.

10. General Classes, Practical classes and NO. The information was displayed in
information given to student in time yes or various news papers.
no.

13. What complaint the parents made to the No such information is available.

police on 06.05.2009 at the time of Practical
exam.

Ground of the Second Appeal:

Incomplete information was provided.

Relevant Facts emerging during Hearing:
The following were present:

Appellant : Mr. Sanjay Gupta;

Respondent : Mr. Anjum Masood, PIO & ADE;

Mr. R.A. Haritash DDE (Patrachar) & deemed PIO;
The appellant has received the information on the other point but has not received the
answer sheet sought at query-1. The Deemed PIO Mr. R.S. Haritash is directed to obtain the
photocopy of the answer sheets from NIOS and supply them to the Appellant before 10 January
2010.

The PIO of NIOS is ordered to cooperate with Mr. R.S.Haritash and send the copies of
answersheets to him within 10 days after receiving of this order.

Decision:

The Appeal is allowed.

The Deemed PIO Mr. R.S. Haritash is directed to obtain the photocopy of the answer
sheets from NIOS and supply them to the Appellant before 10 January 2010.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
11 December 2009

(In any correspondence on this decision, mention the complete decision number.)(RM)