Central Information Commission Judgements

Mr. P.D. Raphael vs Central Board Of Secondary … on 29 July, 2009

Central Information Commission
Mr. P.D. Raphael vs Central Board Of Secondary … on 29 July, 2009
                CENTRAL INFORMATION COMMISSION
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                                   Decision No. CIC/SG/A/2009/001490/4322
                                          Appeal No. CIC/SG/A/2009/001490
Relevant Facts

emerging from the Appeal

Appellant : Mr. P.D. Raphael
Pudussery House, Calvary Corner,
Poothole P.O., Thrissur, Kerala 680004

Respondent : Mr. Khushal Singh, PIO
Central Board of Secondary Education
Shiksha Kendra, 2, Community Centre,
Preet Vihar, Vikas Marg, Delhi 110092

RTI application filed on : 16/04/2008
PIO replied : 20/08/2008 (information after 1st appeal)
First appeal filed on : 10/06/2008
First Appellate Authority order : 05/11/2008
Second Appeal received on : 02/02/2009

Information sought: –

The Appellant had sought information regarding the true copies of all the
documents in connection with my complaint to the secretary, CBSE, Preet Vihar, New
Delhi, on non response from the Secretary, CBSE, Chennai dated 03/11/2007 &
10/03/2008.

            Information Sought                                Reply
   1. The above complaint is or is not 1 & 2
       registered.                         Whenever, the Board receives complaint

2. What is the complaint or case against any school affiliated to it, the
number of my above complaint date matter is examined and dealt in the relevant
03/11/2007 file of the school concerned. No special
number is allotted to the complaint.

3. Memo issued or did not issue to the A copy of complaint was forwarded to the
school concerned. school with the directions to report the
factual position and submit their
comments.

4. The reply received or did not The school has submitted its comments on
receive by the school concerned for the complaint.
this Memo.

Order of the First Appellate Authority:

“The applicant has sought further clarification on the information already
provided by the PIO. As such it has been decided that the applicant may be given an
opportunity to identify the relevant documents by personally inspection the file available
in the affiliation branch of the Board. The applicant may therefore, make it convenient to
visit the office of the Dy. Secretary (Affiliation), CBSE Headquarters (1st floor), 2-
Community Centre, Preet Vihar, Delhi on any prior fixed date and time during working
hours before 30the November, 2008 to have access to the available records of the school
with CBSE and after seeing the records, those which are identified by him may be
supplied on deposit of requisite fee.”

Grounds for Second Appeal:

“The CPIO above has knowingly rejected the information, misled the appellant
and has not furnished information requested till date (i.e. 291 days are over from the date
of RTI application dated 16/04/2008 to 02/02/2009). The CPIO has sent a reply only after
125 days, without information requested in the RTI application above, which is the
violation of section 7(1) of the RTI Act 2005.”

Relevant Facts emerging during Hearing:

The following were present
Appellant: Absent
Respondent: Mr. Khushal Singh, PIO
The PIO shows that the same RTI application has been earlier decided in
Case No.CIC/OK/A/2008/01102/SG/0504 dated 12.12.2008.

Decision:

The appeal is infructous.

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 cost as per Section
7(6) of RTI Ac.

Shailesh Gandhi
Information Commissioner
29th July 2009

(In any correspondence on this decision, mentioned the complete decision number.)
k.j.