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Decision No. CIC/SG/A/2009/003204+3205/6428
Appeal No. CIC/SG/A/2009/003204+3205
Relevant Facts
emerging from the Appeal:
Appellant : Asha Devi S-114/333
D-Block
Bhanwar Singh Camp,
Vasant Vihar
New Delhi-57
Respondent : APIO & Dy.Director
of Education SW-A
Vasant Vihar, New Delhi
RTI Application filed on : 07/08/2009
PIO replied : 21/08/2009
First appeal filed on : 05/10/2009
First Appellate Authority order : 09/10/2009
Second Appeal received on : 22/12/2009
Information sought:
The Appellant applied with two RTI applications for information in regard of Upras
Vidyalaya, Vasant Vihar and Modern School, Poorvi Marg,Vasant Vihar,New Delhi as
follows:
1. Is this school situated on Govt. land?
2. Is the EWS Quota for financial weak children by Govt. applicable on the school?
3. Does the school provide the reservation for such children under EWS Quota? In which
classes the school takes admission?
4. If yes, what is the complete procedure of admission under EWS Quota?
5. Does the school charges any fees for application forms and prospectus for admission
under EWS Quota?
6. Does the school recognize the affidavit attested by Notary Advocate as Birth
certificate?
7. Does the school takes admission under this quota as recognizing the B.P.L. /Antyodya
Rashan Card issued under the Delhi Govt. order PSDE/2005/KKK/207/3270 as the
complete document of income certificate?
8. If the applicants for this quota are more than available seats, what is the criteria of
admission?
9. Provide the list of the admissions under EWS quota in last 3 years by the school in the
format as given by the Appellant.
10. Provide the documents related to the admissions under EWS quota in last 3 years.
PIO’s reply:
The PIO transferred the application to the Education officer, Zone-20 for providing the
complete information.
First Appeal:
No reply from PIO
Order of the FAA on 9/10/2009:
” Mrs. Saroj Rao, representative of Smt. Asha Devi is present and complained that she
had not received any information so far. APIO (SW-A) could not provide any evidence
for having provided the information to the appellant. PIO (SW-A) is directed to provide
the information to the appellant within a week free of cost.”
Ground of the Second Appeal:
No information provided even after order of FAA.
Decision:
It appears that no information has been provided to the appellant. Even after the order of
the First Appellate Authority on 9/10/2009 to provide information within a week, no
information was provided to the appellant. Hence it appears that the FAA’s order has also
not been implemented.
The appeal is allowed.
The PIO is directed to provide the complete information to the appellant
before 5 February 2010.
The issue before the Commission is of not supplying any information by the PIO
and the Education officer, Zone 20 within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO and the Education
officer,Zone 20 are guilty of not furnishing any 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. They have further refused to obey the orders of their superior officer,
which raises a reasonable doubt that the denial of information may also be malafide. The
First Appellate Authority has clearly ordered the information to be given.
It appears that the PIO’s and the deemed PIO,-Education Officer’s actions attract the
penal provisions of Section 20 (1).
A showcause notice is being issued to them, and they are directed to give their reasons to
the Commission to show cause why penalty should not be levied on them.
They will present himself before the Commission at the above address on 15 February
2010 at 4.30pm alongwith his written submissions showing cause why penalty should not
be imposed on them as mandated under Section 20 (1). They 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
15 January 2010
(In any correspondence on this decision, mention the complete decision number.)(VA)
