CENTRAL INFORMATION COMMISSION
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Decision No. CIC /SG/A/2009/000027/2540
Appeal No. CIC/ SG/A/2009/000027
Relevant Facts
emerging from the Appeal:
Appellant : Mrs. Santosh
Garg House, # 458, Sethni Street,
Devi Bhawan Bazar, Jagadhari-
Dt. Yamuna Nagar, Haryana.
Respondent : R.O. & PIO
Central Board of Secondary
Education
Sector - 5, Panchkula (Haryana).
RTI application filed on : 22/10/2008
PIO replied : 10/11/2008 and 8/12/2008
First Appeal filed on : Not Mentioned
First Appellate Authority order : 15/12/2008
Second Appeal filed on : 27/12/2008
Information Sought:-
Kindly provide me details regarding Kali Ram D.A.V. Public School, Near
Khansar Chowk, Dharamgarh road, Safidon – 126112 (Jind), Haryana, India which
is a C.B.S.E affiliated School. Is it is true that a Senior most P.G.T. of this School
namely Mr. Sambhav Garg is selected. Is it is true that the Principal of this School
namely N.H. Khanna refused to relieve him despite your writer request mentioned
in the letter. Is such kind of selection of a teacher is so easy that a Principal can
amend the same and can refuse to relieve the selected person by the Board and can
directly depute a person of his own choice.Is it is true that the person selected by
N.H. Khanna for the above note Training Programme is also teaching to the Senior
Secondary Classes, which is the reason stated by N.H.Khanna while stating the
relieving of Mr. Sambhav Garg impossible for this training programme. On which
post teacher namely Mr. Gulshan Walia is working in this School. Total number of
days on which these tow teachers i.e. Mr. Sambhav Garg and Mr. Gulshan Walia
remain on duty outside the School for School purpose in the Current Session i.e.
from April 01, 2008 to till today. Whether a primary teacher i.e. P.R.T. can teach to
XI & XII classes which may be supposed to be taught by a P.G.T. teacher in
C.B.S.E. School. Copy of the same and if not then why this N.H. Khanna is playing
with the career of children by doing so and what are you doing in this direction to
correct this illegality committed by N.H. Khanna in this School & for punishing this
erring Prinipal. Whether it is true that this teacher i.e. Mr. Gulshan Walia is also a
member of the Purchase committee of the School. On which post the wife of this
N.H. Khanna is working in this School. Whether there is any provision in CBSE
Bye – Laws or other rules and regulations for such kind of post. The source of
payment of Salary for the said post by the School.Is it is true that this N.H. Khanna
had illegally and after by passing the Central Government Rules appointed this
teacher i.e. Mr. Gulshan Walia, as N.S.S. Programme Officer of the School. Which
is later on corrected by him after getting the communication from the Director
Higher Educational, Haryana-cum-State Liaison Officer (N.S.S.) & that case also
he appointed this teacher i.e. Gulshan Walia instead of the same teacher who is
refused to relieve in the present case i.e. Mr. Sambhav Garg, who is later on
appointed on the said post.
PIO’s Reply:
The PIO had given the information available with him and informed the appellant
that the school had claimed it is not a Public authority since it is an unaided school
and hence was not obliged to supply the information.
The First Appellate Authority ordered:
“The position taken by the School for not parting with the information has
already been communicated to you by this Office. As the Board is not having these
information, it has constrains in providing the same. However, for the information
on rest of the points, the contents of this office Letter dated 08.12.2008 hold good
and may be taken note of it. You informed accordingly and both Appeals dated
08.12.2008 stand replied as such”.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent
Respondent : Mr. Ashok Dhaval PIO
The respondent shows that he has given the information with him, and there is no
ground for the second appeal.
Decision:
The appeal is dismissed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
31st March 2009
(In any correspondence on this decision, mentioned the complete decision number.)