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Decision No.CIC/SG/A/2010/000598/7522
Appeal No. CIC/SG/A/2010/000598
Appellant : Mr. Rajiv Kumar Gupta,
B-4/166, 2nd Floor, Yamuna Vihar,
Delhi-110053
Respondent : Mr. Kifayat Khan
APIO & Education Officer
Directorate of Education,
O/o the Deputy Director of Education
(North East),
Govt. of NCT of Delhi,
Yamuna Vihar, Delhi
RTI application filed on : 07/11/2009
PIO replied(After FAA's order) : 29/01/2010
First Appeal filed on : 10/12/2009
First Appellate Authority order : 15/01/2010
Second Appeal Received on : 06/03/2010
Notice of Hearing Sent on : 19/03/2010
Hearing Held on : 21/04/2010
Appellant sought information on point no. 4 to 9 (out of 9):
Sl.No Information Sought PIO's Reply
4. Some teachers who were not got A.C.P(I or II). This information is not
Furnish reasons. available on record.
5. Who is responsible for this? As above.
6. By which date, A.C.P(I or II) of the teachers who were As above.
not got, would be paid?
7. How many ACRs of teacher were sent to concerned What ACRs were received
schools & remained (to be sent) out of those which from Zone-4, had been sent to
were sent for promotion? concerned schools.
8. By which date ACR of teachers, of which were not This information is not
sent back, would be sent. available on record.
9. What action is being taken for under taking ACP(I/II). As above.
By which date they were got.
Grounds for First Appeal:
Information not provided.
Order of the First Appellate Authority:
FAA mentioned that no reply was given to the Appellant. PIO was directed to give the complete
reply to the Appellant within 15 days.
Grounds for Second Appeal:
Incomplete & misleading, Information on point no. 4 to 9 (out of 9) was not provided.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Kifayat Khan, APIO & Education Officer;
The PIO has provided information to the Appellant on 29/01/2010 but has not provided
information on queries 7 & 9 which should have been provided. Since the RTI application was
received on 07/11/2009 the information should have been provided by 07/12/2009 instead of
which it was provided on 29/01/2010 i.e. after a delay of 52 days.
The Deemed PIO Mr. Kifayat Khan claims that he has sought the assistance of the Principal of
the School Ms. Kiran Arya but is able to show no documents to prove this.
Decision:
The appeal is allowed.
Mr. Kifayat Khan, APIO is directed to provide the information on queries 7 and 9 to the
Appellant before 10 May 2010.
The issue before the Commission is of not supplying the complete, required information by
the Deemed PIO Mr. Kifayat Khan within 30 days as required by the law.
From the facts before the Commission it is apparent that the Deemed PIO is guilty of not
furnishing information within the time specified under sub-section (1) of Section 7 by not
replying within 30 days, as per the requirement of the RTI Act.
It appears that the deemed PIO’s actions attract the penal provisions of Section 20 (1). A
showcause notice is being issued to him, and he is directed give his reasons to the Commission to
show cause why penalty should not be levied on him.
Mr. Kifayat Khan,will present himself before the Commission at the above address on 24 May
2010 at 11.30am alongwith his written submissions showing cause why penalty should not be
imposed on him as mandated under Section 20 (1). He will also submit proof of having given
the information to the appellant.
If there are other persons responsible for the delay in providing the information to the
Appellant the PIO is directed to inform such persons of the show cause hearing and direct
them to appear before the Commission with him.
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
21 April 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj