Central Information Commission Judgements

Mr.Rajeev Bharti vs Government Of Nct Of Delhi on 21 June, 2010

Central Information Commission
Mr.Rajeev Bharti vs Government Of Nct Of Delhi on 21 June, 2010
                      CENTRAL INFORMATION COMMISSION
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                                                          Decision No. CIC/SG/A/2010/001245/8219
                                                                 Appeal No. CIC/SG/A/2010/001245
Relevant Facts

emerging from the Appeal:

Appellant : Mr. Rajiv Bharti,
H.No. 320, Hastasal Village,
Uttam Nagar, New Delhi- 59.

Respondent : Mr. S. K. Kapoor
Public Information Officer & Vice Principal

S.D. Secondary School (Gujarat),
Kirti Nagar,
New Delhi 110015

RTI application filed on : 11/11/2009
PIO replied : 23/01/2010
First appeal filed on : 08/02/2010
First Appellate Authority Ordered on : 09/03/2010
Second Appeal received on : 12/05/2010
S.No Information Sought Reply of the Public Information Officer
(PIO)
6.1. Name and registered address of The school was being run by Shri. Sanatan
Society/institution that has helped in the Dharma Secondary School Society from the
functioning of Shri. Sanatan Dharma Secondary beginning. The address of the same was: C/o
School (Gujarat), Kirti Nagar. S.D. Public School, Rama Road, Kirti Nagar,
New Delhi-15.

6.2. Name and registered address of -Not answered-

Society/institution that has helped in the
functioning of Shri. Sanatan Dharma Public
School (Gujarat), Kirti Nagar.

6.3. Action taken by the Education department in Since there had been no merger of Sanatan
the form of approval to SMC’s Scheme of Dharma Sabha Kirti Nagar with Sh. Sanatan
Managements as per Section 59, D.S.E. Rules, Dharma Secondary School Society, the
1973 by the appropriate authority since 1-12- remaining part of the query stands
2002 and any approved amendments made hypothetical.
thereof. Furnish File noting along with copy of Also, there had been no change in the Scheme
Letters specifying the Letter No., date and the of Management and no information in this
signatures of the competent authority which had regard was available on the record.
sanctioned such approval and amendments.

4. Whether the Scheme of Managements of both -Not answered-

the schools and the responsible authorities are
lawfully competent to hold such position
keeping in view the Special Inspections dt.
10.07.2006.

Ground of First Appeal:

Requisite information not provided by the PIO to the Appellant.

First Appellate Authority (FAA) ordered:

PIO had furnished the necessary information to the Appellant vide letter dt. 23/01/2010.

Ground of the Second Appeal:

Unsatisfactory information provided by the PIO and dissatisfaction with the order of the FAA.

Relevant Facts emerging during Hearing:

The following were present:

Appellant : Mr. Rajiv Bharti;

Respondent : Mr. S. K. Kapoor, Public Information Officer & Vice Principal;

The PIO has provided the information. The appellant claims that the school was earlier run by a
different society at a different address. The PIO states that he has been in the school for the last 37
years and that there is no change in this period. The PIO is directed to find out from the records if there
was a different society or different address from which it was operating.

As regards query-6.3 the Directorate of Education appears to be appropriate body to provide the
information. The PIO is directed to transfer the query-6.3 alongwith a copy of this order to PIO,
Directorate of Education before 25 June 2010.

Decision:

The Appeal is allowed.

The PIO Mr. S. K. Kapoor is directed to provide the information regarding query-
6.1 to the appellant before 05 July 2010.

He is also directed to transfer the RTI application with regard to query-6.3 to the
Directorate of Education before 25 June 2010. The PIO, Directorate of Education is
directed to provide the information to the appellant before 25 July 2010.
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 June 2010
(In any correspondence on this decision, mention the complete decision number.)(SC)