CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/003171/6650
Appeal No. CIC/SG/A/2009/003171
Appellant : Mr. Jagmohan Sapra,
F-10, Kishan Nagar
Delhi-110051.
Respondent :
Public Information Officer,
Directorate of Education,
District East
Anand Vihar, Delhi
RTI application filed on : 21/11/2009
PIO replied : 12/10/2009
First Appeal filed on : 24/12/2008
First Appellate Authority order : 09/07/2009
Second Appeal filed on : 15/12/2009
Information sought:
Whether Smt Shanta Sapra attains the school on 25/09/2008 kindly supply the information
with the record of punching of the card?
P.I.O. reply:
Smt Shanta Sapra was on leave on medical ground on 25/09/2008 as intimated by the
principal of school.
Grounds for First Appeal:
Not provide the report of punching card/ swap card.
Order of the First Appellate Authority:
The PIO is directed to provide the report of punching card/ swap card within 15 days, failing
which penalty will be imposed under the RTI Act 2005.
Grounds for Second Appeal:
Not provide the report of punching card/ swap card.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mr. Jagmohan Sapra;
Respondent: Absent;
The Appellant had sought the information on whether Mrs. Santa Sapra has attended
school on 25/09/2008 alongwith the record of punching of card. The PIO gave the
information that Mrs. Santa was on leave on 25/09/2008 but did not supply the punching card
report to the Appellant. Inspite of the FAA’s order on 09/07/2009 to provide the punching
card report the PIO has not supplied this information to the Appellant. No reasons have been
advanced by the PIO for not supplying the information.
Decision:
The appeal is allowed.
The PIO is directed to provide the punching card report to the Appellant before 20
February 2010
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. He has further refused to obey the
orders of his superior officer, which raises a reasonable doubt that the denial of information
may also be malafide. The First Appellate Authority has clearly ordered the information to be
given.
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 03 March 2010 at
12.30pm 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. 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
02 February 2010
(In any correspondence on this decision, mention the complete decision number.) (SR)