Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi
110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal/Complaint: No. CIC/SG/A/2010/001058
Appellant /Complainant : Shri Padmanabhan M, Ahmedabad
Public Authority : Kendriya Vidyalaya Sangthan,
N.Delhi (Shri M.P. Mahajan, Eduction
Officer, CPIO and Sh. Somit
Shrivastav,APIO
Through video conferencing)
Date of Hearing : 09 /07/2010
Date of Decision : 09/07/2010
Facts
:
1. RTI request dated 5.10.2009 was preferred by the appellant Shri M.
Padmanabhan vide which he sought information from the CPIO, Kendriya Vidyalaya
Sangthan, New Delhi regarding the subpara of Para.8 of KVS Transfer Guidelines
under which he had been transferred along with copies of documents pertaining to the
said transfer.
2. The CPIO vide his order dated 5.11.2009 informed the appellant that the
transfer had been ordered under provision of para.8 of the KVS Transfer Guidelines
with the approval of Commissioner, KVS and also provided him with a copy of the note
sheet wherein approval of the Competent Authority was obtained.
3. Not being satisfied, the appellant preferred appeal before the FAA and stated
once again that he wishes to have information regarding the subpara of para.8 under
which his transfer had been ordered since there are 6 subparas to para.8.
4. The FAA vide order dated 21.1.2010 reiterated the information provided by the
CPIO and stated that competent authority had not specified any subpara of Para .8 of
KVS Transfer Guidelines while approving the transfer.
5. Being aggrieved and not being satisfied, the appellant has challenged the
above decision before the Commission.
6. The matter was heard today. Respondents were present as above in person.
Appellant was heard through video conferencing.
7. Respondents once again restated their position that no sub section were
mentioned in the file which only ordered transfers as per “discussion”. As per their
averment, the summary of the discussion between the Dy. Commissioner,(Personnel)
and the Commissioner is no where recorded in the file and therefore could not be
provided to the appellant.
8. The appellant drew attention to sub section (d) of section 4(1) of the Act which
states “every public authority shall provide reasons for its administrative or quasi
judicial decision to affected person”. He also quoted sub section (5) of Section 25 of
the act and appealed to the Commission to give recommendation to the public
authority regarding steps which ought to be taken by them for conforming with the
provision and spirit of the Act.
Decision
9. The Commission appreciates the points made by the appellant and is of the
view that the public authority should have maintained the record of discussion held
prior to issue of the transfer orders in the true spirit of transparency in the actions of
the public authority. In the absence of such transparency through maintenance of
proper records the public authority attracts allegations of arbitrariness when it fact
there would have been no malafide in their actions. The attention of the
Commissioner, Kendriya Vidyalaya Sangathan is invited to this order along with
suggestion that he may like to revisit this issue and order a systemic change in the
maintenance of records following discussions on administrative matters that impact
their personnel. This will be in harmony with spirit and the letter of the RTI Act.
10. However, in this case since no other information is available on record it may
not be possible for the respondent to provide additional information to the appellant.
11. The matter is accordingly closed at the Commission’s end.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T.K.Mohapatra)
Under Secretary & Dy. Registrar
Copy to:
1. Sh. Padmanabhan M
14, New Pushpak Housing Society
Hansol, Sardarnagar – Post,
Ahmedabad – 382475 – Gujrat.
2. Shri M.P.Mahajan,
Education Officer, CPIO, Kendriya Vidyalaya Sangthan,(HQ)
18, Institutional Area,
Shaheed Jeet Ging Marg,
New Delhi.
3. Shri Somit Shrivastav,
APIO, , Kendriya Vidyalaya Sangthan,(HQ)
18, Institutional Area,
Shaheed Jeet Ging Marg,
New Delhi.
4. The Commissioner,
Kendriya Vidyalaya Sangthan (HQ)
18, Institutional Area,
Shaheed Jeet Ging Marg,
New Delhi.