CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/000345/2942
Appeal No. CIC/SG/A/2009/000345
Relevant facts emerging from the Appeal:
Appellant : Mrs. Mamta Jadli,
TGT Science,
Gulabgarh, P.O. Gulabgarh, Distt.
Yamunanagar, (Haryana).
Respondent : Mr. Devinder Singh,
Principal & PIO,
Jawahar Navodaya Vidyalaya,
Gulabgarh, Yamunanagar, (H.R.).
RTI application filed on : 24/09/2008 PIO replied : 18/10/2008 First Appeal filed on : 20/11/2008 First Appellate Authority order : 07/1/2009 Second Appeal filed on : 24/02/2009
The appellant had asked in RTI application regarding criteria for the
appointment of senior most teacher in your vidyalaya and issued by the
Navodaya Vidyalaya Samiti, New Delhi. Names of the senior most teachers of
your vidyalaya from 01/07/2006 till date. the procedure is being followed in
your vidyalaya from 01/07/2006 till date.
Particular of required information :-
1. The criteria for the appointment of senior most teacher (in case vice
principal is not posted) in your vidyalaya i.e. whether the appointment is
made on the basis of seniority (date of appointment) or any other.
2. Whether the criteria is issued by the Navodaya Vidyalaya Samiti, New
Delhi.
3. Appointing authority for the appointment of the senior most teacher (in case
vice principal is not posted).
4. Does the Principal has powers to appoint any person most teacher who does
not fulfill the criteria of appointment.
5. As per the norms of the Navodaya Vidyalaya Samiti what are the duties of
the senior most teacher (in case vice principal is not posted) and in your
vidyalaya whether these duties has been assigned to the person who fulfills
the criteria to be the senior most teacher.
6. Names of the senior most teachers of your vidyalaya from 01/07/2006 till
date with the period when they have worked as senior most teacher.
7. Whether the senior most teacher also do the duty of co signatory (if vice
principal is not posted) for the payments made by the vidyalaya through
cheques and if so whether the procedure is being followed in your
vidyalaya from 01/07/2006 till date.
The PIO replied.
As you are well aware that the information as sought in Para 1 to 5 of your
letter under reference being policy related is not available in the Vidyalaya office.
As regards information at Paras 6 & 7 of your letter ibid for senior most
teacher from 01/07/2006 till dated it is brought to your notice that this arrangement
is made only for withdrawal of payments from the banks during the absence of the
co-signatory.
I.P.O No. 73E 951947 dated 26/09/2008 for Rs. 10/- is returned to you
alongwith this letter.
First Appellate Authority Ordered:
Not replied.
Relevant facts emerging during hearing:
The following were present.
Appellant: Mrs. Mamta Jadli
Respondent: Absent
The appellant shows that she has been given information on 7/1/2009 with the
order o the First appellate authority. However for her query nos. 6 & 7 the reply
states that information is being collected and will be provided. Yet no information
has been provided.
Decision:
The Appeal is allowed.
The PIO will provide the information to query 6 & 7 to the appellant
before 10 May 2009.
The issue before the Commission is of not supplying the complete, required
information by the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not
furnishing information within the time specified under sub-section (1) of Section 7
by not replying within 30 days, as per the requirement of the RTI Act. It appears
that the PIO’s actions attract the penal provisions of Section 20 (1) .
A showcause notice is being issued to him, and he is directed give his reasons to
the Commission to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on 18 May
2009 at 5.00 pm alongwith his written submissions showing cause why penalty
should not be imposed on him as mandated under Section 20 (1). He will also
submit proof of having given the information to the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
April 27, 2009
(In any case correspondence on this decision, mention the complete decision number.)