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Decision No. CIC/SG/A/2009/002486/5602
Appeal No. CIC/SG/A/2009/002486
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Bir Bahadur Singh Rathour
BE-29, Ground Floor,
Hari Nagar, New Delhi – 110064
Respondent : Public Information Officer
Govt. of NCT Delhi
O/o the Dy. Director of Education District West –
A, Karampura,
New Delhi
RTI application filed on : 09/03/2009 & 17/03/2009
PIO replied : 16/04/2009
First appeal filed on : 24/04/2009 & 01/06/2009
First Appellate Authority order : 22/05/2009 & 03/07/2009
Second Appeal received on : 01/10/2009
Date of Notice of Hearing : 14/10/2009
Hearing Held on : 19/11/2009
According to Application dated 09/03/2009:
S. No Information Sought Reply of the PIO
1. The copy of rules and regulations of The copy of rules and regulations of
Samarth Shiksha Samiti, (Regd.) under Samarth Shiksha Samiti, (Regd.) was
Societies Registration Act XXI of 1860. not available with the PIO.
2. Undertaking of society. Not available.
3. Scheme of management of school Scheme of management was more than
20 years old and was thus exempted u/s
8 of RTI Act, 2005.
4. Approval of the scheme of management No information is sought.
by Directorate of Education in pursuance
of Sub Rule (3) of Rule 59 of DSEAR,
1973.
5. Bye laws of society. Not available.
6. Health certificate of the school by Health Current health certificate is not
Officer, MCD, Delhi. available .
7. Test report of tap of the school by Delhi Not available.
Jal Board.
8. Essentiality Certificate under Rule 44 of No information is sought.
DSEAR, 1973 by Directorate of
Education.
9. Relevant documents regarding whether Chapter IX of DSEAR, 1973 was meant
DSEAR gave liberty to Samarth Shiksha for all recognized public schools.
Samiti to adopt Chapter IX of the said
rules to govern the code of conduct of its
employees and that the Act and Rules
would not directly govern the services of
the employees.
10. Documents regarding whether Rules 115- The Appellant had asked for
120 would be applicable to the services of information regarding whether and why
the employees appointed for recognized what action was taken and is therefore
schools appointed by the General exempted u/s 2 (f) of RTI Act, 2005
Secretary of Samarth Shiksha Samiti.
11. Reasons as to whether the provisions of Same as above.
DSEAR, 1973 and the rules framed
thereunder would be observed by the
society.
12. Relevant documents as to whether the said Same as above.
school including other Bal Mandir
recognized schools run by the Samiti were
following Rules 172-177 of DSEAR.
13. Whether the school was obeying Rules Same as above.
181-185 of DSEAR, 1973.
14. Whether the school had set up the Same as above.
“Development Fund account” under the
provisions of DSEAR, 1973 as per the
order of the Hon’ble Supreme Court of
India.
15. Whether Rule 96 and 98 of DSEAR, 1973 Same as above.
were being followed by the school.
16. Whether section 5, 10, 14 and 15 were Same as above.
being followed by the Saraswati Bal
Mandirs (Regd.) Schools.
17. Whether the Directorate of Education, Same as above.
GNCTD had initiated appropriate action
in terms of sections 20, 24, 27 and 28 of
DSEAR, 1973.
Application dated 17/03/2009 not enclosed.
First Appeal:
Via letter dated 24/04/2009:
No information provided by the PIO
Via letter dated. 01/06/2009:
Unsatisfactory information provided by the PIO.
Order of the FAA:
Order dated 22/05/2009:
There was no provision for filing a combined appeal for two applications and so the FAA did
not admit the appeal and dismissed it.
Order dated 03/07/2009:
The FAA observed that the Appellant had expressed satisfaction with the reply of the PIO and so
no further directions were necessary
Ground of the Second Appeal:
That the Appellant has still not been supplied with the proper information.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Bir Bahadur Singh Rathour;
Respondent : Absent;
The Appellant has received some of the information and some of his queries do not seek
information as defined under Section 2(f) of the RTI Act. The PIO is directed to provide the
information on queries 4, 6, 8 & 17 to the Appellant.
Decision:
The Appeal is allowed.
The PIO is directed to give the information on queries 4, 6, 8 & 17 to the Appellant
before 06 December 2009.
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
19 November 2009
(In any correspondence on this decision, mention the complete decision number.)