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Decision No. CIC/SG/C/2010/000303/8149
Complaint No. CIC/SG/C/2010/00303
Complainant : Mr. Hakam Singh
J-510/8, Sector-16,
Rohini,
New Delhi-110089.
Respondent : Mrs. S. R. Sapolia
Public Information Officer & Dy. Director
New Delhi Municipal Council
O/o the DY. Director
Navyug School Educational
Society Head Office, N.P. Primary
School Hanuman Road,
New Delhi- 110001
RTI application filed on : 02/02/2010
PIO replied : 09/03/2010
First Appeal filed on : Not appealed.
Complaint filed on : 08/03/2010
Complaint notice issued on : 10/03/2010
Hearing Notice Issued on : 18/05/2010
Date of Hearing : 16/06/2010
Information Sought:
i) Request to inspect file records of Mrs. Lata Nair.
ii) Request to inspect file records of Mr. Suresh Sharma.
iii) Request to inspect file records of Mr. R.K. Sharma
iv) Request to inspect file records of Mr. A.K. Singh.
v) Request to inspect file records of Mrs. Dinesh Notiyal.
Reply of the PIO:
The inspection of the said files is not possible as the information sought is 3 rd party information
and the concerned teachers have refused to grant permission to inspect their respective file
records.
Grounds for the First Appeal:
Not appealed.
Grounds for the Complaint:
Non-receipt of information from the PIO within the stipulated period of 30 days.
Submission received from the PIO:
The PIO stated that the complainant had been informed vide letter dated 09/03/2010 that
information sought was 3rd party information and the concerned teachers had refused to grant
permission to inspect their respective file records. The letters from the concerned teachers
refusing permission were also enclosed.
Submission received from the Complainant:
The complainant stated that he had been denied information by the PIO stating that the sought
information is 3rd party information.
Relevant Facts
emerging during Hearing:
The following were present:
Complainant: Mr. Hakam Singh;
Respondent: Mrs. S. R. Sapolia, Public Information Officer & Dy. Director;
The complainant has sought inspection of service files of five teachers. The PIO sought
the concurrence of the five teachers as per Section-11 of the RTI Act. The five teachers have
objected to disclosing their service files to the complainant since they appear to be claiming
exemption under Section (1)(j) of the RTI Act. The appellant states that he wants the following
information from the service files of these five teachers:
1- Copy of the advertisement through which they were selected.
2- Copies of the RRs. 3- Qualifications all the five teachers and copies of the mark sheets. 4- Their teaching experience. 5- Offer of appointment. 6- Office order of promotions.
If any of this information is not available on the service this should be stated.
Decision:
The Complaint is allowed.
The PIO is directed to provide the information as directed above to the
Complainant before 05 July 2010.
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
16 June 2010
(In any correspondence on this decision, mention the complete decision number.) (RR)