Central Information Commission Judgements

Mr. C.K. Menon vs Kendriya Vidyalaya Sangathan on 28 April, 2009

Central Information Commission
Mr. C.K. Menon vs Kendriya Vidyalaya Sangathan on 28 April, 2009
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                                          Decision No. CIC/SG/A/2009/000391/2965
                                                 Appeal No. CIC/SG/A/2009/000391

Relevant Facts

emerging from the Appeal

Appellant : Mr. C.K. Menon
Ayodya Flats,
Janasakthi Road,
Puranathukara P.O.,
Trichur – 680551.

Respondent : Mr. Kanhaiya Chaudhary
Asstt. Commissioner (Admn.) &
CPIO
Kendriya Vidyalaya Sangathan
18, Institutional Area
Shaheed Jeet Singh Marg
New Delhi-110602.


RTI application filed on           :      28/01/2009
PIO replied                        :      13/02/2009
First appeal filed on              :      02/03/2009
First Appellate Authority order           Not replied
Second Appeal filed on             :      09/03/2009

The Appellant had asked following information regarding the proposed
Medical Examination of Mrs.Janakay Menon, Kendriya Vidayalaya, Hebbal,
Bangalore:-

S.No. Information sought PIO’s reply

1. A copy of the provision in Section 47 As per Govt. of India rules
of the persons with disability Act reservation for persons with disability
1995 which stipulates under Section is admissible only for those who

47. Smt. Janakay Menon made suffer from not less than 40% of
applications for a job-change under relevant disability. The certificate
Section 47 of the persons with issued by the medical board has not
disability Act and she is being mentioned the percentage of
subjected to a Medical re- disability. As per Govt. of India,
Examination by the earlier Medical Ministry of Welfare notification
Board. No.4-2/83 HW3 dated 06.08.86 there
are some instructions for certification
of disability. Accordingly, the head
of the department has decided to
ascertain the degree of disability as
stipulated in the Ministry of Welfare
notification so that the case of Smt.
Janaki Menon may be decided in
accordance with the provisions of the
rules by the Govt. of India on the
subject.

2. Extract of any provisions in the -As above-

persons with disability Act 1995
which stipulates power of the
competent authority to direct the
Medical authorities in the constitution
of the Medical Board.

The First Appellate Authority ordered.
Not replied.

Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent
Respondent : Mr. Kanhaiya Chaudhary
The PIO states that the information has been provided to the appellant. The appellant is
seeking a grievance redressal, which is not the domain of RTI.

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
28th April, 2009

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