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Decision No. CIC/SG/A/2010/003511/11126Adjunct-II
Appeal No. CIC/SG/A/2010/003511
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Ajmer Singh,
238- B, Pashchim Vihar Extension,
New Delhi- 110063
Respondent : Mr. Baljeet Singh
PIO & Manager,
Khalsa Girls Sr. Secondary School
Aided under Directorate of Education
Chuna Mandir, Pahar Ganj,
New Delhi- 110055
RTI application filed on : 15/10/2010
PIO replied : 08/12/2010
First appeal filed on : 25/11/2010
First Appellate Authority order : not mentioned
Second Appeal received on : 15/12/2010
Information Sought:
The appellant has sought information regarding:
1. How many employees have been appointed through Direct recruitment since 1975 till date in the
school and also supply me the following relevant information/documents related to these
recruitment:
i. Copies of the clearance letter for filing up these vacancies.
ii. Copies of the roster register.
iii. Copies of the advertisement and employment exchange list related to filling up
these vacancies.
iv. Copy of the list of candidate applied for and called for interview.
v. Copy of the proceedings regarding selected candidates.
vi. Copies of the broad sheets of interview.
vii. Copies of testimonials of selected candidates including the copy of the
experience certificate.
2. How many employees have been appointed through Promotion since 1975 in the school and also
supply me the following relevant information related to these recruitment:
i. Copies of the seniority list of candidates.
ii. Copies of the assessment sheet of the candidates of zone of consideration.
iii. Copies of the C.R. of the promoted employees.
3. How many employees have been given Sr. Scale ACP, MACP, and awarded selection scale since
1975 including name of the person and date.
4. Please provide me the copy of the approved scheme of the management of the school.
5. Provide me the list of the Local Managing Committee with details.
6. Please provide me the documents regarding local managing committee:
i. Copy of the minutes of the election of the local managing committee renewed.
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ii. Copy of the membership no. of the L.M.C. member along with copy of the
receipt of fee and name of A/C no. and bank name where it is deposited.
Reply of the PIO:
1. The information asked for in query no.1 and 2 cannot be supplied due to exemption from disclosure
under section 8(3).
2. In respect of query no. 5 and 6, it is submitted that the following does not fall under the purview of
section 2(f).
Grounds of First Appeal:
No reply given by the PIO.
Order of the FAA:
Not mentioned.
Ground of the Second Appeal:
Not satisfied with the reply.
Relevant Facts emerging during Hearing held on January 25, 2011:
The following were present:
Appellant: Mr. Ajmer Singh;
Respondent: Mr. Baljeet Singh, PIO & Manager;
“The Appellant has sought information on various matters for the period 1975 onwards. The PIO has
wrongly refused information under Section 8(3) of the RTI Act. Section 8(3) of the RTI Act states that after
the lapse of 20 years information can only be denied under exemption clauses 8(1)(a), (c) & (i). Thus after
the period of 20 years 07 of the exemption clauses of Section 8(1) are not applicable. The Respondent has
realized his mistake. However, he states that the information sought by the Appellant is not available in the
collated form. The Appellant is willing to inspect the service files and service books. The PIO will facilitate
an inspection of these by the Appellant on 04 and 05 February 2011 from 10.30AM onwards.
The PIO will also give names of the Managing Committee members and copies of the slips of membership
if available. If any of these is not available the PIO will state this.”
Decision dated January 25, 2011:
The Appeal was allowed.
“The PIO will provide the information about the Managing Committee members as directed above to
the Appellant before 05 February 2011.
The PIO is also directed to facilitate an inspection of the service files and service books by the Appellant on
04th & 05th February 2011 from 10.30AM onwards. The PIO will give attested photocopies of records which
the Appellant wants free of cost upto 200 pages.”
Facts leading to hearing held on March 21, 2011:
The Commission received a letter dated 05/02/2011 from the Appellant alleging that the order of the
Commission dated 25/01/2011 had not been complied with. By notice dated 28/02/2011, both parties were
directed to appear before the Commission on 21/03/2011 for a hearing.
Relevant facts emerging at the hearing held on March 21, 2011:
The following were present:
Appellant: Mr. Ajmer Singh;
Respondents: Mr. Baljeet Singh, PIO & Manager and Mr. APS Bindra, UDC.
“The Respondents stated that further to the order of the Commission dated 25/01/2011 all the service
books and service files were made available to the Appellant on 04/02/2010 and 05/02/2010. However, the
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Appellant alleged that the records sought by him were not made available to him and were removed prior to
the inspection.”
Adjunct Decision dated March 21, 2011:
“In view of the aforesaid, the Commission hereby once again directs Mr. Baljeet Singh, PIO &
Manager to facilitate an inspection of the service books and service files by the Appellant before April 15,
2011. Mr. Baljeet Singh, PIO & Manager shall provide attested photocopies of records required by the
Appellant free of cost upto 200 pages.
Further, during the inspection, if the Appellant feels that there are certain records/ documents that should
have been made available to him and have, in fact, not been made available to him, then he shall make a list
of the same and provide it to Mr. Baljeet Singh, PIO & Manager. Mr. Baljeet Singh, PIO & Manager shall,
then, certify in writing that the said records/ documents are not available on record.”
Facts leading to the non-compliance hearing on 07 June 2011:
The Commission has received a letter dated 18/04/2011 from the Appellant alleging that the order of the
Commission has not been complied with. In view of the same, the Commission has decided to schedule a hearing in
this matter on June 7, 2011 at 3:00 pm to decide whether there has been non-compliance of the order of the
Commission in the aforementioned matter.
Relevant facts emerging at the non-compliance hearing held on 07 June 2011:
The following were present:
Appellant: Mr. Ajmer Singh;
Respondents: Mr. Baljeet Singh, PIO & Manager and Mr. APS Bindra, UDC.
There is evidently a lot of mistrust between the Appellant and the PIO. Both are claiming that the
other person is unreasonable. The PIO claims that the Appellant is not inspecting the records. Whereas the
Appellant is claiming that the records are not shown to him.
In view of this the Commission is directing the PIO to bring all the records to the Commission on
13 June 2011 at 10.00AM. The appellant will also come and inspect the records with the PIO and identify
the records for which he wants copies. During the inspection, if the Appellant feels that there are certain
records/ documents that should have been made available to him and have, in fact, not been made available
to him, then he shall make a list of the same and provide it to Mr. Baljeet Singh, PIO & Manager. Mr.
Baljeet Singh shall, then, certify in writing that the said records/ documents are not available on record.”
Adjunct Decision dated 07 June 2011:
“The PIO is directed to bring all the records pertaining to the service files and service books of all
the current teachers and those of Mr. Amar Singh, Mr. Roshan Lal, Mrs. Gurnam Kaur, Mr. Rajender Sing
Bedi, Mrs. Krishna Gogia, Mrs. Neelam Prabha (retired employees) on 13 June 2011 at 10.00AM at the
Commission. The Appellant will inspect the records and identify those he wants.”
Relevant facts emerging at the hearing after inspection on 13 June 2011:
The following were present:
Appellant: Mr. Ajmer Singh;
Respondents: Mr. Baljeet Singh, PIO & Manager and Mr. APS Bindra, UDC.
The Appellant has inspected all the records sought by him. He has identified 102 pages in the service
book and 85 pages in the personal files brought by the PIO. The inspection was carried out from 10.00AM
to 06.00PM. The appellant wanted to inspect the service book of Mr. A. P. S. Bindra, UDC which has not
been brought as the same is with the Department of Education.
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Adjunct Decision:
The PIO has given attested photocopies of “102 (service book) + 85 (personal file =
187 pages” to the Appellant before the Commission.
The PIO is directed to send attested photocopy of the Mr. A.P.S. Bindra’s service book to
the Appellant before 15 July 2011. The matter is closed since all the information has been
provided 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
13 June 2011
(In any correspondence on this decision, mention the complete decision number.) (ST)
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