CENTRAL INFORMATION COMMISSION
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Decision No.CIC/SG/A/2009/001661/4600
Appeal No. CIC/SG/A/2009/001661
Appellant : Mr.Anil Kumar Shukla
P-9/2, Residential Complex,
Kendriya Vidyalaya No. 3,
Ring Road Naraina, Delhi
Respondent : Mr. G. R. Dua
Public Information Officer,
Kendriya Vidyalaya Sangathan
Delhi Region, JNU Campus,
New Mehrauli Road,
New Delhi 110067
RTI application filed on : 27/10/2008
PIO replied : 17/11/2008 and 21/11/2008
First Appeal filed on : 26/12/2008
First Appellate Authority order : 17/02/2009 and 19/03/2009
Second Appeal Received on : 07/07/2009
Information sought:
1. Synopsis of action taken date/day wise on Appellant representation dated 09/03/2007
addressed to then Assistant Commissioner KVS(SR).
2. If due arrears has been paid, Draft No., date of issue, name of bank, date of dispatch etc.
3. if not, (a) Reason for non payment of Appellant's due arrears
(b) Total amount of due arrears to be paid
(c) Total amount of interest on due arrears to be paid due to non
payment of arrears in time
(d) Name of all responsible careless, duty negligent, victimizer &
harassing officials/employees of KVS failed to dispose this very simple matter.
4. Appellant was informed vide memorandum dated 26/03/2007, "Matter is being referred to the
competent Authority regarding redressal of grievances"
(i) Name of the then competent authority
(ii) Reason for not redressing grievance
(iii) Has the matter disposed off in time
(iv) Has the competent authority empowered to harass, torture & exploit
Appellant b non paying his due arrears in time
(v) Will the loss incurred to Appellant by him/her will be paid by his/her
salary/pension
(vi) Will any action be initiated for the sufferings, harassment, torture &
exploitation suffered by Appellant to his/her negligence, carelessness to
perform his/her duties
Reply of PIO:
Assistant Commissioner, KVS, Silchar, Assam asked to the Principal K V Kohima vide letter dated
17/11/2008 regarding arrear that whether any arrears of pay had been released to Appellant or not.
Respondent no. 2 replied that regarding point no. 4(i) to (vi) the question was not clear as no copy of the
representation had been provided, no subject matter on which representation was made and on which date
and vide which letter No, the Principal had forwarded the representation was not mentioned. In the
absence of which no information could be provided.
Grounds for First Appeal:
That the information provided was incomplete and attempt to not providing information. The Appellant
had further enclosed the copy of representation dated 09/03/2007 and memorandum date 26/03/2007
Order of the First Appellate Authority:
FAA observed that the present Principal of Kendriya Vidalaya No. 3 Delhi Cantt had forwarded a copy of
his previous representation along with letter dated 20/03/2007 of his predecessor Principal to the Assistant
Commissioner KVS (Silchar Region) for making payments of arrears of pay. The said letter dated
24/02/2009 so received by that office from the Principal KV No. 3. Delhi Cantt. with a copy to Principal.
Statement of information provided by FAA, KVS, Assam:
Query no. 1: The representation dated 09/03/2007 of Appellant was not routed through the Asstt.
Commissioner concerned. The entire service records of Appellant were transferred to Kendriya
Vidyalaya, No. 3, Delhi
Query no.2: Yes, due arrears hade been paid vide the DD No. 067646 dated 05/02/2009 through
Principal, KV Kohima, letter dated 05/02/2009
Grounds for Second Appeal:
The appellant had alleged that incorrect, incomplete, or misleading or false information irrelevant
information had been provided..
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Anil Kumar Shukla
Respondent: Mr. G. R. Dua, PIO
The papers of the Appellant appear to be in different Kendriya Vidyalaya’s. Kendriya Vidyalaya is one
public authority and at best assistnace can be sought by the PIO from another PIO as per Section 5(4) of
the RTI Act to obtain information from the different Kendriya Vidyalaya. Kendriaya Vidyalaya is one
public authority and the Act does not emphasize transferring application within the Public Authority
under Section 6(3). In the instant case the Appellant has not been able to get the proper reply and it
appears that the application has been transferred from one School to another. The Appellant had filed the
RTI at KVS(HQ) which has transferred it vide letter no. F.11011/1-1996/2008-KVS(Hqrs)/PIC/3334 to
different locations. The Commission directs Mr. Kanhiya Chaudhary, PIO, Kendriya Vidyalaya Sangthan,
Head Quarter, 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi-110016 to obtain the
information from which ever Kendriya Vidyalaya it is in, and provide it to the Appellant. If some
information does not exist this will be stated.
Decision:
The appeal is allowed.
The PIO (H.Q.), Mr. Kanhiya Chaudhary is directed to obtain the information and provide it to the
Appellant as described above before 20 September 2009.
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
28 August 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj