Central Information Commission Judgements

Mr. Dalvir Singh vs Directorate Of Education on 1 January, 2010

Central Information Commission
Mr. Dalvir Singh vs Directorate Of Education on 1 January, 2010
                    CENTRAL INFORMATION COMMISSION
                     Club Building, Opposite Ber Sarai Market,
                       Old JNU Campus, New Delhi - 110067.
                               Tel: +91-11-26161796

                                                     Decision No.CIC/SG/A/2009/002927/6240
                                                           Appeal No. CIC/SG/A/2009/002927

Appellant                                    :      Mr. Dalvir Singh,
                                                    A-46, first floor,
                                                    Krishna Park Devli Road,
                                                    New Delhi-110062

Respondent                                   :      Mrs. P.D.Yadav
                                                    Public Information Officer &
                                                    Dy. Director of Education
                                                    Directorate of Education
                                                    District-South-West A,
                                                    C-4 Vasant Vihar,
                                                    New Delhi

RTI application filed on                     :      24/09/2009
PIO replied (after first appeal)             :      04/11/2009
First Appeal filed on                        :      25/10/2009
First Appellate Authority order              :      Not mentioned
Second Appeal Received on                    :      17/11/2009
Notice of Hearing Sent on                    :      30/11/2009
Hearing Held on                              :      01/01/2010

Information sought:
   1.     Reason for canceling the Departmental promotion committee(DPC) twice for the post
          of Principal in DAV Public School, Vansnt Kunj, Sect, Pkt-1, New Delhi-110070
   2.     Reason for not appointing the Senior Most PGT as acting principal after the
          retirement of Principal Mrs Vijay Arora.
   3.     Reason for continuing Mrs. Girita Gurtoo as acting principal even after
          superannuation of her service. Mrs. Girija Gurtoo is much junior than other PGT's in
          the school.
   4.     Name of the members of DPC which was held on 07/07/2009 and on 10/09/2009.
          Supply the copy of minutes of both the DPC meetings.
   5.     Reason for not asking to Appellant acts as officiating Principal after the retirement of
          permanent Principal.
   6.     Reasons for ignoring the rule quoted in a letter No. 3469 dated 2/03/2009 sent by the
          DAV management.
   7.     Reason for continuing current incumbent in Mrs. Girija Gurtoo's current position
          even after retirement.
   8.     Was Deputy Director of Education, one of the members of DPC, a party to tall the
          decisions taken in the DPC held in the school premises on 10/09/2009? If yes, supply
          a copy of minutes of the meetings signed by her.
   9.     A copy of rule which states that "a retire person can act as acting Principal even when
          other qualified senior PGT's were available in the school.
     10.      Details of the appointment of Mrs. Girija Gurtoo in the school and also the details of
             her subsequent promotions.

PIO's Reply:
PIO replied that Since Appellant had not asked any information available to his office of Point
no. 1 to 7, hence no reply could be given. The remaining Point no. 8 to 10 was called from
concerned Zone. It would be provided on receiving of the same.

Grounds for First Appeal:
Information not provided.

Order of the First Appellate Authority:
Not enclosed.

Grounds for Second Appeal:
Unsatisfactory reply. Information not provided what requested for.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. Dalvir Singh;

Respondent: Mrs. P.D.Yadav, Public Information Officer & Dy. Director of Education;
The PIO has failed in her duty of informing the appellant of the details of the FAA in her reply of
04/11/2009. The appellant has filed first appeal with the Dy. Director of Education (SW-A). The
PIO states that the information of query -1 to 3, 5, 6, 7 is not available on the records. The rest of
the information has been provided to the Appellant.

Decision:

The appeal is disposed.

The information has been provided.

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
01 January 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj