CENTRAL INFORMATION COMMISSION
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Decision No.CIC/SG/A/2010/000267/7166
Appeal No. CIC/SG/A/2010/000267
Appellant : Mr. Hakam Singh,
J -510/8 Sector -16
Rohini, New Delhi -110089
Respondent : Ms. S. R. Spolia
Dy. Director & PIO,
Navyug School Educational Society,
(NDMC-Register Society)
Head Office, N. P. Primary School,
Hanuman Road, New Delhi-110001
RTI application filed on : 03/11/2009
PIO replied : 03/12/2009
First Appeal filed on : 16/12/2009
First Appellate Authority order : Not mentioned.
Second Appeal Received on : 02/02/2010
Notice of Hearing Sent on : 17/02/2010
Hearing Held on : 17/03/2010
Information sought:
Appellant sought information vide seven points regarding teacher/officer's of NSES. He sought copy
of advertisement in which Mrs. Poonam Mathur was appointed as TGT, relationship between Smt.
Poonam Mathur & Vikas Mathur, attested photocopies of Mrs Poonam Mathur's Marksheet of
Graduation & Post graduation, her Teaching experience, names & designation of the approved
constituted members of interview who interviewed Mrs. Poonam Mathur's for PGT(Economics), list of
PRT(Hum) candidates shortlisted or the written examination conducted on 21/12/2009 respectively
SC/ST/OBC and UR, along with their graduation works.
PIO's Reply:
"This information as asked for in the application is the personals information and relates to the 3rd
party disclosure of which has no relevance with any public activity or interested."
Grounds for First Appeal:
Information not provided.
Order of the First Appellate Authority:
Not enclosed.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Hakam Singh;
Respondent: Ms. S. R. Spolia, Dy. Director & PIO;
The Appellant had filed a first appeal on 16/12/2009. The PIO states that the FAA passed an
order directing the PIO to provide the information within two days on 05/03/2010. The First Appellate
Authority Mrs. Mamta R. Agarwal, Director NSES appears to be guilty of dereliction of duty since it
appears that she had not passed any order within the time frame mandated in the RTI Act.
The PIO has provided the information after the order of the First Appellate Authority but has
not attested all the photocopies. She is directed to provide the attested photocopies to the Appellant.
She is also directed to provide information on query-7 of the Appellant.
The PIO had refused the information initially without giving any of the reasons of exemptions of
Section 8(1) of the RTI Act.
Decision:
The appeal is allowed.
The PIO is directed to provide the attested photocopies to the Appellant before
25 March 2010.
The First Appellate Authority Mrs. Mamta R. Agarwal, Director NSES is directed to appear
before the Commission on 16 April 2010 at 3.30PM to Showcause why the Commission should not
recommend disciplinary action against her for dereliction of duty.
The issue before the Commission is of not supplying the complete, required information by Ms.
S. R. Spolia, Dy. Director & PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing 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. It appears that the PIO’s actions attract the penal provisions of Section 20
(1). A show cause notice is being issued to her, and she is directed give her reasons to the Commission
to show cause why penalty should not be levied on her.
Ms. S. R. Spolia, Dy. Director & PIO will present herself before the Commission at the above address
on 16 April 2010 at 3.30PM alongwith her written submissions showing cause why penalty should not
be imposed on her as mandated under Section 20 (1). She will also submit proof of having given the
information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with her.
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
17 March 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj
CC:
To,
The First Appellate Authority Mrs. Mamta R. Agarwal, Director NSES through
Ms. S. R. Spolia, Dy. Director & PIO