CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002971/5745
Appeal No. CIC/SG/A/2009/002971
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Jai Bhagwan Gupta,
House No. 205, Maitri Apartment,
Sector - 9, Rohini, New Delhi - 110085.
Respondent : Public Information Officer
Govt. of NCT of Delhi,
O/o The Dy. Director of Education,
District North West-B, FU-Block,
Pitampura, Delhi - 110088.
Mr. K.D. Jassal
RDE/First Appellate Authority (North)
Directorate of Education (North)
G. Co-ed S.V. Building, F/U Block
Pitampura, Delhi 110034
RTI application filed on : 25-06-2009
PIO replied : 17-09-2009
First appeal filed on : 24-08-2009
First Appellate Authority order : 30-09-2009
Second Appeal received on : 24-11-2009
Information Sought:
S. No. Information sought. PIO's reply after filing of First Appeal
1. Names of Teachers/Employees of the As per record available the list of teachers
Directorate of Education who have been paid interest on account of
working/retired in District North West - causing delay in making due payments by
B, whom interest have been paid on the order of the Court is as below:-
account of causing delay in making due 1. Sh. Hargyan Singh, UDC (Retired)
payments by the order of the Court. copy had been provided to the
Appellant
2. Smt. Kamlesh Khaneja, TGT
(Retired) copy had been provided to
the Appellant.
3. Sh. R.L. Gupta, Principal (Retired)
Copy of the order of Court is not
available as the file is under
submission with Litigation Branch
(HQ).
2. Please furnish the copy of the order of As above.
the court and other related information n
detail.
Ground of the First Appeal:
Information not provided.
Order of the FAA:
“After careful examination of all the documents it is found that the information provided
by the PIO is incomplete as no details of case mentioned at serial no. 3. Hence, the PIO is
directed to provide the complete information within 10 days directly to the applicant under
intimation to the undersigned”.
Ground of the Second Appeal:
Incomplete information had been provided to the Appellant by the PIO and no information
had been supplied after the FAA order till date.
Decision:
The Commission has perused the documents submitted by the Appellant. He received a reply to
his RTI Application dated 25/06/2009 on 17/09/2009. In this reply, the PIO did not provide a
copy of the order relating to Mr. R.L. Gupta. Not satisfied with this reply, the Appellant
approached the First Appellate Authority. The First Appellate Authority passed an order on
30/09/2009 directing the DDE (NW-B) to provide the information relating to Mr. R.L. Gupta’s
case to the Appellant within ten days. The Appellant has approached the Commission as he has
not received any information despite the order of the First Appellate Authority.
It is clear from the order of the First Appellate Authority that the DDE (NW-B), Mrs. Urmil
Khanna was present during the hearing of the First Appeal. From the contents of the RTI
Application, it is clear that the information sought by the Appellant falls under the ambit of
Section 2(f) of the RTI Act. Furthermore, no exemption has been claimed by the PIO before the
First Appellate Authority and neither has the Authority made any observation to that effect. The
Commission therefore directs the PIO & DDE (NW-B) to provide the information with regard to
Mr. R.L. Gupta’s case. If the information is not available at the office of the PIO & DDE (NW-
B), the PIO & DDE (NW-B) is directed to seek assistance under Section 5(4) of the RTI Act
from the concerned office and provide the information to the Appellant before 28 December
2009.
The appeal is allowed.
The PIO & DDE (NW-B) is directed to provide the information as directed above to the
Appellant before 28 December 2009.
The current PIO & DDE (NW-B) is directed to submit proof of having given the information to
the Appellant to the Commission before 31 December 2009.
From the facts before the Commission it is apparent that Mr. K.D. Jassal, then PIO & DDE
(NW-B) is guilty of not furnishing information within the time specified under sub-section (1) of
Section 7 as he did not reply within 30 days of receiving the RTI Application and did not provide
the complete information. Mrs. Urmil Khanna has refused to obey the orders of her superior
officer, which raises a reasonable doubt that the denial of information may also be malafide. The
First Appellate Authority had clearly ordered the information to be given. It appears that the
actions of Mr. K.D. Jassal and Mrs. Urmil Khanna attract the penal provisions of Section 20 (1).
A show cause 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 are directed to
present themselves before the Commission at the above address on 31 December 2009 at
12 p.m. along with their written submissions to show cause why penalty should not be imposed
on them as mandated under Section 20 (1).
The current PIO & DDE (NW-B) is further directed to forward this show cause notice to Mrs.
Urmil Khanna if she has been transferred to a different Department.
If there are other persons responsible for the delay in providing the information to the Appellant
and for not complying with the order of the First Appellate Authority, the PIO & DDE (NW-B)
is directed to inform such persons of the show cause hearing on 31 December 2009 and direct
them to appear before the Commission on 31 December 2009 as well.
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
07 December 2009
(In any correspondence on this decision, mention the complete decision number.) (BK)