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Decision No. CIC/SG/A/2009/002049/5123
Appeal No. CIC/SG/A/2009/002049
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Madan Mohan Tiwari
H. No. 35, Tyagi Mohall,
Chhatarpur, New Delhi - 110074.
Respondent : Ms. Anita Satia
Public Information Officer &
DDE (South)
O/o the Dy. Director of Education (South)
C-Block, Defence Colony,
New Delhi – 110024.
RTI application filed on : 15/04/2009 PIO replied : 18/06/2009 First appeal filed on : 20/05/2009 First Appellate Authority order : 22/06/2009 Second Appeal received on : 25/08/2009 Sr. Information Sought Reply of the PIO
Reply received from the DDE (South) dated 18/06/2009
1. Details of total no. SC/ST (Schedule Caste/Schedule The total no. of SC/ST employee at that
Tribes) employees presently working in the Government time working in the Govt. Middle
Middle, Secondary or Senior Secondary Schools, run by Secondary Sr. Secondary School run by
the Directorate of Education (Govt. of NCT of Delhi). the Dte. of Education in the jurisdiction
of Zone-23 was 616.
2. Details of special cell, committee or anything similar to it Yes. Photocopy of the same had been
that had been formed in Directorate of Education (Govt. given.
NCT of Delhi) for taking care pf grievances on atrocities
done on these SC/ST employee. Photocopy of any latest
circular issued in this regard.
2. Same (Reply given by the PIO/HQ/Dte. of
Edn. Dated 02/06/2009)
There was no special cell, committee of
anything similar to it had been formed
in Dte. of Edn. However, DDE(West B)
had been appointed as Nodal Officer in
this regard.
3. Name, contact numbers of the members and the head of No. Diary No. was 1108 dated
the committee formed for listening complaints from 11/02/2009.
SC/ST employees with photocopy of any latest circular
issued in this regard.
(Reply given by the PIO/HQ/Dte. of
Edn. Dated 02/06/2009)
As given in query no. 2.
4. Details of steps taken to when a teacher writes compliant Enquiry was under process.
to Depatt for atrocities done on him due to his SC/ST.
(Reply given by the PIO/HQ/Dte. of
Edn. Dated 02/06/2009)
As given in query no. 2.
(Following replies had been given by the PIO/HQ/Dte. of Edn. Dated 02/06/2009)
5. Whether there was any complaint regarding caste -based Not given.
atrocities lodged on 11/02/2009 by Mr. Naresh Pal Singh,
TGT (Natural Science) working in the Govt. Boy’s
Secondary School NO. 3 (School id 1923070). Copy of
complaint as well.
6. Whether the complaint was forwarded to the head office Not given.
to the Committee formed for welfare of SC/ST employees.
Diary no. of the compliant.
7. Details of enquiry of the complaint written by the victim Not given.
employee, conducted by the concerned senior.
8. Details of provisions in CCS rules if any, to constitute an CCS rules are a published documents in
enquiry placing the Vice-Principal immediately under public domain.
suspension, till the enquiry is pending, if any complaint
come in light from his subordinates SC/ST employees.
Also copy of the rules in this regard.
9. Whether the senior official followed all provisions of CCS All officials are required to follow CCS
rules in the case of atrocity done to SC/ST employee. rules in this regard.
10. Name, post and designation of all those officers who did Pertained to Vigilance department.
enquiry on the complaint written and copy of the letter
showing the authorized appointment to do the enquiry too.
11. Details of report written by enquiring officers and name of As above.
the official to whom it was forwarded. Copy of the related
document.
12. The date when the process of enquiry will be started As above.
properly.
13. The date by which the Vice Principal will be transferred or Any action done as per the
placed under suspension to keep the enquiry going founding/recommendation of the
properly. inquiry officer in the matter.
14. Details of punishment which are prescribed in the Delhi All Govt. employees are governed by
Education Act and CCS Rules for misconduct with SC/ST CCS rules and action if any, is taken in
employees. accordance with it.
15. Photocopy of the pages of the services book of the HOS if Service book of the HOS was not being
the Department marked any punishment due to maintained in the said branch.
misconduct done by him.
First Appeal:
Unsatisfactory and incomplete information received from the PIO.
Order of the FAA:
The FAA in its order stated that query no. 1 pertained to PIO(South, SW-A & B). The FAA
further stated that the information provided by the PIO (South) against the query no. 5, 6 & 7
were seemingly satisfactory.
Ground of the Second Appeal:
Unfair disposal of appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Madan Mohan Tiwari;
Respondent : Ms. Anita Satia, PIO & DDE (South);
The PIO states that the enquiry report sought at query 4 was not complete at the time of filling
the RTI Application. The PIO says that the enquiry report has now been received and a
showcause notice regarding deficiency observed has been issued.
Decision:
The Appeal is allowed.
The PIO is directed to give a copy of the enquiry report and the show cause notice to the
Appellant before 20 October 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
09 October 2009
(In any correspondence on this decision, mention the complete decision number.)(GJ)