CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2009/002190/5250
Appeal No. CIC/SG/A/2009/002190
Relevant Facts
emerging from the Appeal
Appellant Mr. O. P. Tokas
75, Munirka, P. O. JNU,
New Delhi – 110067.
Respondent : Mr. Anjum Masood
Public Information Officer (HQ)
Govt. of NCT of Delhi
Directorate of Education
RTI Cell, (Room No. 252), Old Secretariat,
Delhi – 110054.
RTI application filed on : 22/06/2009
PIO replied : 13/08/2009
First appeal filed on : 27/07/2009
First Appellate Authority order : 06/08/2009
Second Appeal received on : 01/09/2009
Sl. Information Sought Reply of the PIO
Reply received after the FAA's order
1. Certified copy of the confidential report CRS for He may inform the date when the ACRs
the year of 200-04, 2005-06 & 2005-06 written folder (Containing ACRs in question)
by DDE/OS Principal of SKV (BP) Deoli. was received in E-I Branch, so as to
provide the sought information.
2. Due to the Appellants CRs, some adverse No information was asked under this
remarks during the period i.e. 01/10/2003 to para.
18/04/2007.
3. No proper information were given to the Pertained to DDE (Sought).
Appellant about adverse remarks in his CRs by
the competent authority in stipulated time.
4. Due to CRs the Appellant was not given any As replied in query no. 2.
promotion by Secretary (Services) Department in
Grade – I (DASS). Case was filed in CAT and
during the pendency of his OA order were issued
by the Secretary (Services) on 05/02/2007 of
promotion.
5. The Appellant’s personal file containing nine Pertained to DDE (South).
covers with 644 pages of noting &
correspondence of various department of NCT of
Delhi was not sent to his Deptt. D. C. (c) till then
by the DDO/OS Principal SKV (BP) Deoli
School code 1923042.
First Appeal:
Non-receipt of information from the PIO within the stipulated time.
Order of the FAA:
The FAA in its order stated that the PIO had transferred the application of the Appellant on
27/06/2009 and a copy of the same letter had been endorsed to the Appellant. The FAA further
directed the PIO (South) to re-provide the copy of the endorsement along with the evidential
proof within 05 days of the order free of cost.
Ground of the Second Appeal:
Unfair disposal of the Appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present;
Appellant : Mr. O. P. Tokas
Respondent : Mr. Anjum Masood, Public Information Officer (HQ);
The Appellant wanted a copy of his ACR from 2002 to 2007. It appears for the submissions
made by the Respondents that no efforts has been made to understand where the ACR is. The
Commission directs Mr. Anjum Masood to get the copies of the ACR from wherever they are
and give to the Appellant.
Decision:
The Appeal is allowed.
The PIO Mr. Anjum Masood to get the copies of the ACR from wherever they are and give to
the Appellant before 15 November 2009.
The issue before the Commission is of not supplying the complete, required information by
the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 by not replying within
30 days, as per the requirement of the RTI Act.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause
notice is being issued to him, and he is directed 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 27 November 2009 at
12.00pm alongwith his written submissions showing 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.
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 of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
28 October 2009
(In any correspondence on this decision, mention the complete decision number.)(GJ)