CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001541/8630
Appeal No. CIC/SG/A/2010/001541
Relevant Facts
emerging from the Appeal:
Appellant : Md. Tabrez Alam
Plot no 216, Rajpur ext
Maidan Garhi, New Delhi-68
Respondent : Ms. Anita Satia
Public Information Officer & DDE(S)
Directorate of Education Delhi,
Defense Colony,
New Delhi
RTI application filed on : 05/02/2010
PIO replied : No reply
First appeal filed on : 19/05/2010
First Appellate Authority Ordered on : Not enclosed
Second Appeal received on : 08/06/2010
Sl. Information Sought
1. I had filed for the admission of my son Arman with the caste certificate and other necessary details.
But my son was not given admission. I want the following information:
2. Kindly provide information regarding % of OBC & EWS Quota at FR Egnel School.
3. Kindly provide the list of students who have enrolled in the school with OBC & EWS Quota.
4. Under RTE do children have the right to get admission to any school?
5. Since the school is minority school
6. Kindly provide the recognition letter of the FR Egnel School Gautam Nagar.
7. Kindly provide the list regarding the number of applications from the minorities & how many
applications were accepted.
Ground of First Appeal:
Not enclosed
FAA Order:
Not enclosed
Ground for Second Appeal:
No information received form PIO & FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Md. Tabrez Alam;
Respondent : Ms. Anita Satia, Public Information Officer & DDE(S); Ms. Kunti Aswal, EO(Z-24);
The RTI application has been made on 05/02/2010, no information was provided to the appellant
and the information has been provided to the appellant on 16/06/2010 which appears to be appropriate.
The PIO states that the RTI application had been made at the PIO Head Quarter on 05/02/2010. PIO (HQ)
Mr. Anjum Masood transferred the RTI application on 09/03/2010 to PIO(Act). PIO(Act) transferred to
PIO(South) on 12/03/2010 which reached PIO(South) on 16/03/2010. After this PIO (South) sought the
assistance of Education Officer Zone-24 Mrs. Kunti Aswal on 18/03/2010 and the information was
received from the Education Officer on 15/06/2010.
Mr. Anjum Masood, PIO(HQ) has transferred the RTI application after considerable delay leading to the
delay in proving the information. Mrs. Kunti Aswal has not provided the information in time. Mrs. Kunti
Aswal was asked to explain the reasons for the delay. She claims that she tried to get the information from
the School and did not have the information. If information is not held by the public authority the
appellant should have been informed immediately.
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 Mr.
Anjum Masood, PIO(HQ) and Mrs. Kunti Aswal deemed PIO within 30 days as required by the
law.
From the facts before the Commission it is apparent that the PIO and deemed PIO 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 deemed PIOs 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.
Mr. Anjum Masood, PIO(HQ) and Mrs. Kunti Aswal deemed PIO will present themselves before the
Commission at the above address on 19 August 2010 at 03.00PM 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
21 July 2010
(In any correspondence on this decision, mention the complete decision number.)(ARG)
CC:
To,
Mr. Anjum Masood, PIO(HQ) through Ms. Anita Satia PIO(South)