In the Central Information Commission
at
New Delhi
File No: CIC/SM/A/2011/000122AD
Date of Hearing : July 15, 2011
Date of Decision : July 15, 2011
Parties:
Appellant
Smt. Manisha Bansal
W/o Shri Mukesh Bansal
Opp. to 293, Scheme No. 1,
Aryanagar,
Alwar 301 001
The Appellant, represented by his representative, was heard through audio.
Respondents
Department of Personnel & Training (DoPT)
North Block,
New Delhi
Represented by: Shri Vibhag Mishra, Director and Shri Zoya C.B., U. S.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/SM/A/2011/000122AD
ORDER
Background
1. The Applicant filed her RTIapplication dated 17.06.2010 with the PIO, DoPT, New Delhi, seeking
certain clarification in respect of the term ‘set’ appearing in the order issued by the DoPT to the
different Ministries/Departments in relation to the provision of school dresses to the children as per
the scheme ‘the Children Education Assistance & Reimbursement of Tuition Fee’. The PIO, on
02.07.2010, gave the required clarification to the Applicant on the above point. He (PIO) also
informed the Applicant that they have clarified this point to all the Departments, which have
approached them in this regard. The Applicant, however, being aggrieved with the reply of the PIO,
filed her 1stappeal with the Appellate Authority on 28.07.2010 complaining that the PIO has neither
given her the names of the Departments who sought the clarification on the above mentioned point,
nor has he furnished the copies of clarification the public authority had issued to them. Besides, the
Appellant also questioned if the public authority had realized the fact that there is a doubt among the
Ministries/Departments in respect of above point and questioned as to why it had not issued one
common clarification to all the Ministries/Departments. The Appellate Authority, in his order dated
03.08.2010, recorded that the PIO has provided the complete information, as available with his
division, to the Appellant and that clarification & interpretation do not qualify to be information under
the RTIAct. The Appellant, thereafter, filed the present petition dated nil before the Commission–
received on 03.11.2010– expressing her concern about the different interpretations being made by
different Departments in respect of the above mentioned order of the public authority, and the
consequences thereof. She also clarified that all what she wants to know from the Respondents is as
to what interpretation is being made by the different departments with regard to the above mentioned
point and in which manner the Education Allowance is being paid by them.
Decision
2. During the hearing, the Respondents informed the Commission that they have given required
clarification to the Appellant with respect to the reservations raised by her in her RTIapplication.
They, however, produced before the Commission an O.M. dated 30.12.2010 which contained further
explanation on various issues related to educational allowances including the present one (i.e sets of
school dresses to be provided to the children as per the scheme ‘the Children Education Assistance
& Reimbursement of Tuition Fee’). The copy of this O.M. according to them has not been furnished
to the Appellant as it has been issued after the present appeal, although the information contained it
has already been conveyed to her.
3. Since the O.M. dated 30.12.2010 above completely satisfies the requirement of the Appellant’s RTI
application, it is directed that the PIO should furnish a copy of the same to the Appellant within 1
week of receipt of this order.
4. The Appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Smt. Manish Bansal
W/o Shri Mukesh Bansal
Opp. to 293, Scheme No. 1,
Aryanagar,
Alwar 301 001
2. The Appellate Authority
Department of Personnel & Training (DoPT)
North Block,
New Delhi
3. The Public Information Officer
Department of Personnel & Training (DoPT)
North Block,
New Delhi
4. Officer in charge, NIC