Central Information Commission Judgements

Dr. (Smt.) Bhanu Sarang vs Kendriya Vidyalaya Sangathan on 18 February, 2009

Central Information Commission
Dr. (Smt.) Bhanu Sarang vs Kendriya Vidyalaya Sangathan on 18 February, 2009
                      Central Information Commission
                                    *****

No.CIC/OK/A/2008/00486

Dated: 18 February 2009

Name of the Appellant : Dr. (Smt.) Bhanu Sarang

Name of the Public Authority : Kendriya Vidyalaya Sangathan

Background:

Dr. (Smt.) Bhanu Sarang of Ghaziabad filed an RTI-application with the
Public Information Officer, Kendriya Vidyalaya Sangathan, New Delhi, on 14
December 2007, wherein she sought photocopies of her ACRs for the years 2001-
02 to 2005-06.

2. The PIO vide his letter dated 9/10 January 2008 denied the information
taking recourse to Section 8(1)(j) of the RTI-Act. Not satisfied with the reply of
the PIO, the Appellant filed an appeal before the first Appellate Authority on 7
January 2008 and then filed a Second Appeal with the Central Information
Commission on 4 March 2008.

3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 2 July 2008.

4. Shri Kanhaiya Chaudhary, Assistant Commissioner & PIO and Shri L.R.
Vashishtha, represented the Respondents.

5. The Appellant, Dr. (Smt.) Bhanu Sarang, was represented by Shri
Bhuvanendra Sarang.

Decision:

6. The Commission heard both the sides and noted that the Applicant had
sought photocopies of the ACRs for the period of five years, i.e., from 2001-02
to 2005-06. The PIO denied this information taking recourse to Section 8(1)(j)
of the RTI-Act. However, the Appellant showed a newspaper clipping wherein
the Hon’ble Supreme Court had ordered disclosure of ACRs. The Commission
could not take cognizance of the newspaper clippings but told the Applicant
that it would rather wait till it received a complete copy of the Hon’ble
Supreme Court’s decision.

7. The Commission informed both the parties that the decision of the case
was kept in abeyance and that the Order in this case could be given only after a
decision was taken by the Full Bench of the Commission on receiving the
Hon’ble Supreme Court’s verdict on the issue. Now, the Full Bench of the
Commission has ordered disclosure of ACRs, the same should be made
applicable in this case.

8. In view of the Full Bench decision of the Commission, the Respondents
are directed to provide photocopies of ACRs for the period of 2001-02 to 2005-
06 to the Applicant as requested by her in her RTI-application, free of cost.
This may be done by 20 March 2009.

9. The case is thus disposed of.

Sd/-

(O.P. Kejariwal)
Information Commissioner

Authenticated true copy:

Sd/-

(G. Subramanian)
Assistant Registrar

Cc:

1. Dr. (Smt) Bhanu Sarang, PGT Hindi, 4A-1102, Vasundhara, Ghaziabad

– 201 012.

2. The Public Information Officer, Kendriya Vidyalaya Santhan, 18,
Institutional Area, Shaheed Jeet Singh Marg, New Delhi.

3. The Appellate Authority, Kendriya Vidyalaya Santhan, 18,
Institutional Area, Shaheed Jeet Singh Marg, New Delhi.

4. Officer Incharge, NIC

5. Press E Group, CIC