CENTRAL INFORMATION COMMISSION
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Decision No. CIC /OK/A/2008/00506/SG/0604
Appeal No. CIC/OK/A/2008/00506/
Relevant Facts
emerging from the Appeal
Appellant : Mr. Shyam Sundar Chaudhary,
K.V.-II, Binnaguri Cantt.,
West Bengal.
Respondent 1 : Mr. R.C.Mishra,
Principal,
Kendriya Vidyalaya no-2,
Binnaguri Cantt, Jaipaiguri,
West Bengal.
RTI filed on : 05/09/2007
PIO replied : 07/09/2007
First appeal filed on : 29/12/2007
First Appellate Authority order : 25/01/2008
Second Appeal filed on : 21/02/2008
S.No. Information Sought PIO Reply
1. Whether the application filed by the Appellant through Action is in progress.
proper channel addressed to His Excellency the President
of India dated 20-08-07 has been forwarded by the
Regional Officer? The Information Officer of the
Kendriya Vidyalaya No.II, Binnaguri Cantt. Has
informed vide his letter No.207/2008/564 dated 04-10-07
that I may contact the Regional Office.
2. Whether the Committee constituted vide letter dated 06- Yes.
09-07 issued by the EO, Ms.C.Mandal with references to
letter No.F 45-1/2007/KVS (Kol) 18462 dated 05-09-07
has submitted its report to the EO/Assistance
Commissioner.
3. If the above Committee has submitted its report, then a Disciplinary proceeding is
copy of the same along with its enclosure/deposition contemplated against Shri Shyam
recorded is supplied to me. Sunder Choudhary. Hence, information
can’t be supplied.
4. Supply copies of all letter of the In charge Principal K.V. As above.
No.II Binnaguri Cantt. Against me from 28th July 07 till
12-10-07.
5. Supply copy of the complaints sent against me if any by As above.
the Chairman of the Vidyalaya Management Committee,
K.V.No.II, Binnaguri.
The First Appellate Authority Ordered:
“On the subject cited above and to say that all papers relating to issue under reference have been
forwarded to KVS (Hqrs.). On receipt of communication from KVS (Hqrs.) further reply will be
given to you in this regard.”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent
Respondent: Absent
The PIO has given no reasons from Section 8 (1) of the RTI act to deny the information on
points 3, 4 and 5. Since it appears a Committee report has been submitted there is no reason
why it cannot be given to the appellant. If disciplinary action is contemplated against a
person, he has a right to know the basis on which this is being done. The PIO has completely
erred in refusing to give information, without the basis of any of the exemptions of Section 8
(1).
Decision:
The appeal is allowed.
The PIO will give the complete information on points 3, 4 and 5 to the appellant before
5 January, 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties
Shailesh Gandhi
Information Commissioner
17th December, 2008
(For any further correspondence please mention the decision number given above, for
quick disposal.)