CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000103/6908
Appeal No. CIC/SG/A/2010/000103
Relevant Facts
emerging from the Appeal
Appellant : Ms. Pratima,
S-114/49, D Block,
Bhanwar Singh Camp,
Vasant Vihar,
New Delhi- 110057.
Respondent : Mrs. P. D. Yadav
PIO & DDE (SW-A)
Directorate of Education
Govt. of NCT of Delhi
C-4, Vasant Vihar,
New Delhi - 110057.
RTI application filed on : 07/08/2009
PIO replied : No reply. Transferred on 21/08/2009
First appeal filed on : 05/10/2009
First Appellate Authority order : 09/10/2009
Second Appeal received on : 11/01/2010
Hearing Notice sent on : 18/01/2010
Hearing held on : 19/02/2010
Information Sought (in a tabular format about EWS information in zone 19 and 20).
a) “List of schools, addresses, contact nos, recognition from the no of classes, total strength of
students and no of seats in entry level classes”.
b) “Information of EWS for the last 3 years of name of enrolled child, parents name, local
address of the child, contact no, sex, age, admission in class, date of admission and category
(EWS/teachers)”.
c) “Total complaints received by the education department dealing with EWS admission and the
action taken by the Department against these private schools”.
Reply of the PIO
No reply given by the PIO.
Grounds for the First Appeal:
No information provided by the PIO.
Order of the FAA:
The FAA observed that the PIO had informed him that the department of Education did not
receive the Appellant’s RTI application. The FAA directed the PIO to provide information to the
Appellant within 15 days.
Grounds for the Second Appeal:
Non compliance of FAA’s order. The PIO had not provided the information to the Appellant.
Moreover, the PIO’s contention that his office did not receive the RTI application was false since
the Appellant had proof in the form of receiving signature at the time of submission of RTI
application.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Prakash Kumar representing Ms. Pratima;
Respondent: Mrs. P. D. Yadav, PIO & DDE (SW-A);
The First Appellate Authority has recorded in his order that APIO (SW-A) has stated that
the RTI application was not received. This appears to be untrue. The Appellant has received a
letter from Mr. G. R. Meena, APIO dated 22/08/2009 asking for information from Education
Officer. Thus it is apparent that the RTI application has been received. The Respondent states
that the PIO then was Mrs. Satinder Kaur. The Respondent claims that the complete information
has been sent to the Appellant on 17/02/2010. The Respondent has brought a copy of the
information which is also handed over to the Appellant by the Commission.
Decision:
The Appeal is allowed.
The information has been provided.
The issue before the Commission is of not supplying the complete, required information by
the then PIO Mrs. Satinder Kaur and APIO Mr. G. R. Meena within 30 days as required
by the law.
From the facts before the Commission it is apparent that the then PIO Mrs. Satinder Kaur and
APIO Mr. G. R. Meena are 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 then PIO Mrs. Satinder Kaur and APIO Mr. G. R. Meena actions attract the
penal provisions of Section 20 (1). A showcause notice is being issued to them, and they are
directed give their reasons to the Commission to show cause why penalty should not be levied on
them.
Mrs. Satinder Kaur and Mr. G. R. Meena will present themselves before the Commission at the
above address on 30 March 2010 at 11.30AM. alongwith their written submissions showing
cause why penalty should not be imposed on them as mandated under Section 20 (1). They will
also submit proof of having given the information to the appellant. If there are other persons
responsible for the delay in providing the information to the Appellant the PIO is directed to
inform such persons of the show cause hearing and direct them to appear before the Commission
with him.
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 February 2010
(In any correspondence on this decision, mention the complete decision number.)(RR)
CC:
To,
The then PIO Mrs. Satinder Kaur and APIO Mr. G. R. Meena through Mrs. P. D. Yadav,
PIO & DDE (SW-A);