Central Information Commission Judgements

Mr.Rajiv Kumar vs Department Of Education,Gnct … on 3 June, 2011

Central Information Commission
Mr.Rajiv Kumar vs Department Of Education,Gnct … on 3 June, 2011
                         CENTRAL INFORMATION COMMISSION
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                                                                Decision No. CIC/SG/A/2011/000834/12680
                                                                        Appeal No. CIC/SG/A/2011/000834

Relevant facts emerging from the Appeal:

Appellant                                :       Mr. Rajiv Kumar,
                                                 C 410/B, Gali no. 42
                                                 Mahavir Enclave part-3
                                                 New Delhi-59

Respondent                               :       Mr. M. S. Rathi
                                                 PIO & Dy. Director
                                                 Directorate of Education, GNCTD
                                                 Deistrict West-B,
                                                 G-Block, Vikas Puri,
                                                 New Delhi - 110018

RTI application filed on                 :       18/11/2010
PIO replied to application on            :       24/12/2010
First Appeal on filed on                 :       04/01/2011
First Appellate Authority order of       :       not ordered.
Second Appeal received on                :       18/02/2011

Sl.                                   Information Sought                                       Reply of the PIO
1. How many Sarvodhya Schools are there in Janak Puri(zone- west-B)? give school Names and address of
    ID and full address.                                                                    sarvodhaya      schools
                                                                                            given.
2. In which year these Sarvodhya School were established? Give details about school Copy enclosed.
    which were given status of Sarvodhaya later.
3. Is it true that in many school there is no proper provision of furniture for students to Copy enclosed.
    sit? If yes, which authority is responsible? Give name and designation.
4. Whether education department was informed about the shortage of furniture by Copy enclosed.
    school or any other person? If yes, give its copy.
5. Which authority is responsible for providing furniture in the school? Give the name, Related to headquarter
    designation and its address. Why the furniture is not being provided?
6. Whether there is shortage of money for furniture? If yes, give the name and Related to headquarter
    desination of officer who allots money.
7. In how many days the furniture will be provided for students to sit in school?           Related to headquarter
8. Which authority makes policy regarding school in which other things are given but Related to headquarter
    main necessities are not provided? On what basis these decisions are made?
9. Whether the advice of PTA members taken for school work? Does your department No.
    thinks it to be right?
1 How many teachers are appointed for the primary section of these schools?                 Information enclosed.
0.
1 (a) Is there shortage of money with government because of which salary of unstable Information enclosed.
1. teachers are given from PTA fund?
    (b) Which authority is responsible for the appointment of teachers in primary
    section? give name and designation
    (c) Why there is no provision of teachers by govt. in primary section?
    (d) when will the shortage of teachers will be completed?
    (e) who is responsible for this?
    (f) why students are being taught without trend teacher?
 1    Under whose order PTA was founded and give in details of rights of members of                   Circular is enclosed
2.   PTA
1    How much money was spent on construction work of different schools?                             Information enclosed.
3.       (a) which work was done by which agency?
         (b) How much money was given to such agency?
         (c) Which authority inspected the work? Give name and designation.
         (d) What was the criterion for allotting work to such agency?
1    (a) why the shortage of teachers is not completed? In how many days it would be                 Related to headquarter
4.   done?
     (b) which authority is responsible for it?
1    Why the appointment is not made according to nuber of students? When it will be                 Related to headquarter
5.   done?
1    What is the programme with department for appointment of teachers?                              Related to headquarter
6.

Grounds for the First Appeal:
Incomplete information provided.

Order of the First Appellate Authority (FAA):
Not ordered.

Ground of the Second Appeal:
Incomplete information provided. No order passed by FAA.

Relevant Facts

emerging during Hearing:

The following were present
Appellant: Mr. Rajiv Kumar;

Respondent: Mr. H. K. Pandey, EO on behalf of Mr. M. S. Rathi, PIO & Dy. Director;

The PIO has given most of the information as per available records. However information on
queries 05 to 08 and 14 to 16 would only be available at the Head Quarter according to the
Respondent. The respondent states that the RTI application has originally been filed with HQ and had
been transferred to them. The Commission directs the PIO to send the RTI application to PIO(HQ),
who must provided information on queries 05 to 08 and 14 to 16 based on the available records. If no
information is available for any of the queries on the records this should be stated.

Decision:

The Appeal is allowed.

The PIO is directed to transfer the RTI application alongwith a copy of this order
to the PIO(HQ) before 06 June 2011.

The PIO(HQ) is directed to provide the information on queries 05 to 08 and 14 to 16 as
per available records to the Appellant before 25 June 2011.
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
03 June 2011
(In any correspondence on this decision, mention the complete decision number.)(AA)

Copy to:

PIO(HQ) through Mr. H. K. Pandey, EO