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Decision No.CIC/SG/A/2009/001438/4151
Appeal No. CIC/SG/A/2009/001438
Appellant : Mr. Rajendra Yadav
Neha Nursory N.H. 8
Shankar Chowk DLF III
Gurgaon, Haryana
Respondent : Ms. Indirani Singh
PIO/Deputy Director of Education,
Office of Deputy Director of Education
Division, South-West-B, Najafgarh,
New Delhi-43
RTI application filed on : 04/04/2009
PIO replied : 28/05/2009
First Appeal filed on : 05/05/2009 (Not enclosed)
First Appellate Authority order : 25/05/2009
Second Appeal Received on : 09/06/2009
S.No. Information Sought Reply of PIO
1. What is report and remarks by Deputy Director of Desired report has been sent
Education on investigation of Kanganhedi School to competent authority of
dated 19.03.2009 and 25.03.2009? the department for
information and appropriate
action. Report can be
declared publicly until
appropriate decision make.
2. Photocopy of enquiry taken from teachers and As mentioned in reply of 1.
lady teachers.
3. Photocopy of statements given by Shri Arvind As mentioned in reply of 1.
Bhardwaz(TGT)
4. Photocopy of order given by HOS Kanganhedi on Copy of order enclosed.
the basis of information provided by director of
education on 31.03.09
Grounds for First Appeal:
Not enclosed.
Order of the First Appellate Authority:
The Appellant was not present. APIO/PIO (SW-B) was present.
FAA mentioned in his order that information shall be provided to the Appellant within stipulated
period.
Grounds for Second Appeal:
1. Decision was not made as mentioned in S.No 1 while decision had been made on
28/05/2009 according to member of investigation committee.
2. Enquiry has been changed as Appellant mentioned.
3. Report has been shown to concerning HOS.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Rajendra Yadav
Respondent: Ms. Indirani Singh, PIO
The PIO claims that the RTI application was received on 30/04/2009. It is significant that even
after the FAA had order on 25/05/2009 that the “requisite information shall be provided to the
appellant” no information has been provided and the then PIO Ms. Satinder Kaur on 28/05/2009
wrote to the Appellant that the enquiry report has been sent to the appropriate authority and
hence the report cannot be made public. The PIO has consensually chosen to act in defiance to
the RTI Act and the order of her senior officer FAA Mr. Dharmveer Singh Regional Director
(South). The Respondent Ms. Indirani Singh has got the complete information consisting of 28
pages and it is given to the Appellant before the Commission.
Decision:
The appeal is allowed.
The information has been provided to the Appellant before the Commission.
The issue before the Commission is of not supplying the complete, required information by
the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that then PIO Ms. Satinder Kaur 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. She has further refused to obey
the orders of her superior officer, which raises a reasonable doubt that the denial of information
may also be malafide. The First Appellate Authority has clearly ordered the information to be
given.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A show cause
notice is being issued to her, and she is directed give her reasons to the Commission to show
cause why penalty should not be levied on her.
She will present herself before the Commission at the above address on 18 August 2009 at
4.00pm alongwith her written submissions showing cause why penalty should not be imposed on
her as mandated under Section 20 (1). She will also submit proof of having given the
information to the appellant.
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
16 July 2009
(In any correspondence on this decision, mention the complete decision number.)
Rnj
CC:
Ms. Satinder Kaur
DDE
South West-A,
Vasant Vihar- Delhi