CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/002077/5160
Appeal No. CIC/SG/A/2009/002077
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Mahendra Pandey
Lecturer,
Govt. Institute of Advance Studies in Education,
Bikaner (Rajasthan).
Respondent : Public Information Officer
Kendriya Vidyalaya Sangathan
Administrative Officer
Kendriya Vidyalaya Sangthan Regional Office,
Khanapara, Jawahar Nagar,
Guwahati, Assam-781022.
RTI application filed on : 21/04/2009 PIO replied : 04/05/2009 First appeal filed on : 18/06/2009 First Appellate Authority order : No order Second Appeal filed on : 25/08/2009 Information sought: 1) The copy of order of retirement issued consequent upon the death of Ms. Ahalya
Deka, Ex-UDC, KV Umroi Cantt, on 17/08/2008.
2) The copy of Note Sheet through which the concerned official initiated the process of
pension in respect of Late Ahalya Deka.
3) Copies of all documents through which all necessary and requisite forms were sent to
Shri Chakradhar Deka Father & Nominee of Late Ahalya Deka for finalization of
Pension case in respect of Late Ahalya Deka.
4) Copies of all Note Sheets by the concerned official through which the proposal of
deciding the Pension case in respect of Late Ahalya Deka was put up before the
Assistant Commissioner, KVS, Regional Office, Guwahati.
5) Copies of the last page of earned leave and Half Pay Leave Account in respect of Late
Ahalya Deka.
6) Copy of Visitor Register maintained by the Security Personnel of KVS, Regional
Office, Guwahati for the moth of April, 2009.
Reply of PIO:
“The information asked by you is related to Pension and Retirement benefit in respect of Late
Ahalya Deka, Ex. UDC, K.V. Umroi Cantt.and Shri Chakradhar Deka, who is the father of Late
Ahalya Deka and nominee.
Hence, you are requested to inform whether the nominee has given any permission to obtain their
Personal Information, which has no relation to any public activity or interest.”
Grounds for First Appeal:
Appellant claims that the PIO, KVS Regional Office Guwahati instead of providing the required
documents in accordance to section 7 (1) of the RTI Act 2005 asked the information seeker an
absolutely irrelevant and ridiculous question, through the impugned letter, to inform that
whether the nominee has given any permission to obtain their personal information.
The First Appellate Authority order:
No order.
Grounds for Second Appeal:
Unsatisfactory response received from the PIO and no action taken by FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent
Respondent: Absent
The First Appellate Authority is guilty of dereliction of duty since he did not pass any order in
this matter. The PIO has not mentioned any ground for refusal of information. But it appears that
he is denying the information perhaps under Section 8(1)(j). The information sought by the
Appellant is clearly not covered under Section 8(1)(j) and therefore the PIO’s refusal has no
grounds. The PIO has also not given any justification for refusal in giving the information.
Decision:
The appeal is allowed.
The PIO is directed to give the information to the Appellant before 10 November 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
15 October 2009
(In any correspondence on this decision, mentioned the complete decision number.)(AK)