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Decision No. CIC/SG/A/2011/000237/12053
Appeal No. CIC/SG/A/2011/000237
Relevant Facts
emerging from the Appeal
Appellant : Mr. Gurvinder Singh Saini
F – 7/84, Sector – 15,
Rohini, Delhi
Respondent : Mr. J. B. Singh
Public Information Officer & Dy. Director
Directorate of Education, GNCTD
Office of DDE (SW-B), School Campus,
Najafgarh, New Delhi
RTI application filed on : 29/09/2010
PIO replied : 03/11/2010
First appeal filed on : 16/11/2010
First Appellate Authority order : 22/12/2010
Second Appeal received on : 25/01/2011
S No. Information Sought Public Information Officer’s (PIO) Reply
1. Whether the school authority of Jindal Public Act not applicable on the school.
School paid the arrears of VI pay commission?
2. Whether the school authority is giving the benefit of Act not applicable on the school.
bonus, LTC to the school?
Grounds for First Appeal:
No information given by the PIO.
Order of the First Appellate Authority (FAA):
The PIO is directed to provide correct information within 20days.
Ground of the Second Appeal:
Non compliance of the order of the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Gurvinder Singh Saini;
Respondent : Mr. J. B. Singh, Public Information Officer & Dy. Director;
The PIO states that the information was not available with the Directorate of Education. He
however admits that it is responsibility of the Department to get information on both these matters and
also admits that it is the responsibility of the Department to ensure the implementation of these. The
Government creates various regulatory bodies with a defined purpose. When this reasonability is given
to these regulatory bodies they must keep information on these. The PIO has stated that the said school
has not given the information. If any institution covered by a regulator does not provide the
information as per requirements of the law it is the duty of such regulators to ensure that such
institutions are made to obey the law. Failing to this the rule of law no longer operates and the whole
purpose of keeping regulators get defeated. In the instant case the Commission directs the PIO to
obtain the information and provide it to the Appellant. In the event the school refuses to give the
information which is required as per the law the department should take appropriate actions under the
powers given to it.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information to the Appellant before 10 May
2011.
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 April 2011
(In any correspondence on this decision, mention the complete decision number.) (RP)