Central Information Commission Judgements

Mr.Parvinder Kumar vs Government Of Nct Of Delhi on 8 July, 2011

Central Information Commission
Mr.Parvinder Kumar vs Government Of Nct Of Delhi on 8 July, 2011
                        CENTRAL INFORMATION COMMISSION
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                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                           Decision No. CIC/SG/A/2011/001329/13325
                                                                   Appeal No. CIC/SG/A/2011/001329

Relevant facts emerging from the Appeal:

Appellant                            :      Mr. Parvinder Kumar
                                            H.No 12A, Maidan Gari,
                                            Near Peer Baba
                                            New Delhi-110068

Respondent                           :      Mr. V. P. Singh
                                            PIO & Vice Principal
                                            Govt. Boys Secondary School-III,
                                            Mehrauli, New Delhi-110030

RTI application filed on             :      14/02/2011
PIO replied on                       :      15/03/2011
First Appeal filed on                :      07/04/2011
First Appellate Authority order on   :      29/04/2011
Second Appeal received on            :      19/05/2011

Sl.                                   Query                                             Reply of PIO
1. The Notice given to the Appellant dated 11/02/11 regarding not to           Notice given to the Appellant
    report at school from 12/02/11 because there is no sufficient budget to    is still the same and
    pay wages.                                                                 information regarding the
    Whether the Respondent has taken permission from the CEP Cell,             notice has already been sent
    ICSIL and Budget Branch Planning before giving notice to the               to the concerned authority
    Appellant.                                                                 but still pending.
2. Whether such kind of notice has been given to the other Jr. Comp            Every individual were given
    Faculty and IT Asst. If not then, Please provide information from where    notice but they agreed to do
    their budget would suffice.                                                Governmental work without
                                                                               payment.
3.   Whether there was sufficient budget, when the Appellant has joined the No reply
     school as Jr. Comp faculty. If not then ,As a D.D.O dated from
     19/01/2011 to 11/02/2011,how many times letter has been written to the
     Budget Branch. If not written then why.
     Please furnish detail about whom Directorate of Education has
     appointed for the demand of budget.
4.   Whether the consent of the Appellant has been taken regarding the No reply
     notice dated 11/02/11 ,About there would be delay in payment due to
     budget and whether the Appellant wished to continue his job.
5.   Directorate of Education pass the budget for each school at the same No reply
     time. Whether there is a different provision for the respondent's school.
6.   Whether the notice has been given to the Appellant for the Harassment. No reply
7.   When there was no budget, why the appellant was being asked to join No reply
     the school on 19/01/2011.Whether this notice is not acting as a violation
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      of contract between Directorate of education and ICSIL.

Grounds for the First Appeal:
Information furnished by the PIO was not complete.

Order of the First Appellate Authority (FAA):
The FAA directed the APIO to provide the information as required by the Appellant within 10 days free
of cost. Appeal disposed.

Reply of PIO dated 29/04/2011 received by the Appellant dated            31/04/2011 after First Appellate
Authority(FAA):
3. Whether there was sufficient budget, when the Appellant has            There was no sufficient budget
    joined the school as Jr. Comp faculty. If not then ,As a D.D.O        during the Appellant appointment
    dated from 19/01/2011 to 11/02/2011,how many times letter has         but budget was under process.
    been written to the Budget Branch. If not written then why.           The department has appointed DDO
    Please furnish detail about whom Directorate of Education has         for the Budget and Budget surrender.
    appointed for the demand of budget.
4. Whether the consent of the Appellant has been taken regarding          The Appellant was informed after
    the notice dated 11/02/11 ,About there would be delay in              the effort made by the authority for
    payment due to budget and whether the Appellant wished to             the budget.
    continue his job.
5. Directorate of Education pass the budget for each school at the        Main budget of each school is
    same time. Whether there is a different provision for the             passed altogether but as per the
    respondent's school.                                                  requirement secondary budget is also
                                                                          issued sometime.
6.   Whether the notice has been given to the Appellant for the           No, the notice was not provided for
     Harassment.                                                          the harassment.
7.   When there was no budget, why the appellant was being asked          Budget was insufficient during the
     to join the school on 19/01/2011.Whether this notice is not          Appellant appointment. But due to
     acting as a violation of contract between Directorate of             delay in budget, the Appellant is
     education and ICSIL.                                                 being informed.

Ground of the Second Appeal:
Information furnished by the PIO, not satisfactory.

Relevant Facts

emerging during Hearing:

The following were present
Appellant: Mr. Parvinder Kumar;

Respondent: Mr. V. P. Singh, PIO & Vice Principal;

The PIO has given information as per records but the appellant’s queries are framed in a manner
where the PIO is expected to give answers to cross examination queries. The Commission suggests to the
Appellant to inspect the relevant records. The Appellant would like to inspect the relevant records on
20 July 2011 from 10.30AM onwards at the office of the PIO/Vice Principal.

The PIO is directed to facilitate an inspection of the relevant records by the Appellant on 20 July 2011
from 10.30AM onwards at the office of the PIO. In case there are any records or file which the appellant
believes should exist, which are not shown to him, he will give this in writing to the PIO at the time of
inspection and the PIO will either give the files/records or give it in writing that such files/records do not
exist.

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Decision:

The Appeal is allowed.

The PIO is directed to facilitate an inspection of the relevant records by the
Appellant on 20 July 2011 from 10.30AM onwards. The PIO will give attested
photocopies of records which the Appellant wants free of cost upto 100 pages.
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
08 July 2011
(In any correspondence on this decision, mention the complete decision number. (MS))

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