CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/002733/5737
Appeal No. CIC/SG/A/2009/002733
Appellant : Mr. Bhupesh Gupta
H-3, Aruna Nagar
Majnu Ka Tilla, Civil Lines
Delhi-110054
Respondent : Public Information Officer
Dy. Director of Education
District North East
RTI Cell, B-Block,
Yamuna Vihar, Delhi-110053
RTI application filed on : 25/07/2009
PIO replied : 17/09/2009
First Appeal filed on : 28/08/2009
First Appellate Authority order : 10/09/2009
Second Appeal Received on : 27/10/2009
Information sought:
The Appellant had sought information in regard to Lovely Rose Public Sec. School, C-9,
Yamuna Vihar, Delhi:
1) How many students are studying in the school?
2) In view of the fact that the land of Lovely Rose Public Sec. School is allotted by
govt. agencies, information about the names, father’s name & address of the
students belonging studying under freeship was sought.
3) Details of fund released for EWS (students) category in favour of Lovely Rose
Public Sec. school for the session of 2008-2009 & 2009-2010
PIO’s Reply:
A letter from the PIO/DDE (NE) dated 17/09/2009 was enclosed which was a copy of the
communication made to DEO (IV)/Nodal officer (EWS) wherein, there was a direction to
comply with the order of the FAA dated 10/09/2009 within the time mandated in the
aforesaid order.
Grounds for First Appeal:
Non-receipt of any information from the PIO within the mandated time.
Order of the First Appellate Authority:
PIO/DDE (NE) was directed to provide the reply received from the concerned school to
the Appellant within 03 days and it was further directed to provide the information
available at zonal level.
Grounds for Second Appeal:
Non-receipt of sought information despite the orders of the FAA.
Decision:
The Commission has perused the documents submitted by the Appellant. The First
Appellate Authority had given a clear order on 10/09/2009 to the DDE (NE) to provide
information to the Appellant within three days. It appears that the Appellant has also
received a copy of a letter dated 17/09/2009 sent by the DDE (NE) to Mr. S.K. Nimi,
DEO(IV)/Nodal Officer (EWS) directing him to implement the order of the First
Appellate Authority. The Appellant has approached the Commission as he has not
received any information despite the order of the First Appellate Authority.
From the contents of the RTI Application, it is clear that the information sought by the
Appellant falls under the ambit of Section 2(f) of the RTI Act. Furthermore, no
exemption has been claimed by the PIO before the First Appellate Authority and neither
has the Authority made any observation to that effect. The Commission therefore directs
the PIO & DDE (NE) to provide the information with regard to Query No. 1 and 3. With
regard to Query No. 2, the PIO is directed to provide the names of the students and their
father’s names.
The appeal is allowed.
The PIO & DDE (NE) is directed to provide the information as directed above to the
Appellant before 28 December 2009.
From the facts before the Commission it is apparent that Mr. R.P. Yadava, the PIO &
DDE (NE) is guilty of not furnishing information within the time specified under sub-
section (1) of Section 7 as he has not replied within 30 days of receiving the RTI
Application. 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 had clearly ordered the information to be given. It appears that the
PIO’s actions attract the penal provisions of Section 20 (1). A show cause notice is being
issued to him, and he is directed to 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 30 December
2009 at 12.30 p.m. along with his written submissions to show 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.
The Commission also directs Mr. S.K. Nimi, DEO(IV)/Nodal Officer (EWS) to appear
before the Commission on 30 December 2009 at 12.30 p.m. to show cause why penalty
should not be imposed on him for not complying with the order of the First Appellate
Authority despite being directed to do so by the DDE (NE).
If there are other persons responsible for the delay in providing the information to the
Appellant and for not complying with the order of the First Appellate Authority, the PIO
& DDE (NE) is directed to inform such persons of the show cause hearing on 30
December 2009 and direct them to appear before the Commission on 30 December 2009
along with him.
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
07 December 2009
CC:
Mr. S.K. Nimi,
DEO(IV)/Nodal Officer (EWS)
Dept. of Education (dist. North East)
RTI Cell, B-Block,
Yamuna Vihar, Delhi-110053
(In any correspondence on this decision, mention the complete decision number.) (SP)