Central Information Commission Judgements

Mr. Shri Niwas Chander Gaur vs Office Of Dy. Director Of … on 7 April, 2010

Central Information Commission
Mr. Shri Niwas Chander Gaur vs Office Of Dy. Director Of … on 7 April, 2010
                   CENTRAL INFORMATION COMMISSION
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                                                    Decision No. CIC/SG/A/2010/000512/7378
                                                           Appeal No. CIC/SG/A/2010/000512

Relevant Facts

emerging from the Appeal

Appellant : Mr. Shri Niwas Chander Gaur,
56-A, Single Storey,
Ramesh Nagar, New Delhi – 110015

Respondent : Mrs. Shukla Malhotra
PIO & DDE (WB),
Office of Dy. Director of Education,
Distt. West-B, G Block,
Vikaspuri, New Delhi.

RTI application filed on            :       26/11/2009
PIO replied                         :       29/12/2009
First appeal filed on               :       05/01/2010
First Appellate Authority order     :       20/01/2010
Second Appeal received on           :       25/02/2010
Date of Notice of Hearing           :       12/03/2010
Hearing held on                     :       07/04/2010

Information sought:

As regards Shri Narayan, TGT, teaching Sanskrit in Doon Public Senior Secondary School, B-2,
Paschim Vihar, New Delhi:

1. During which periods did the above mentioned teacher work as adhoc and permanent
teacher? What post did he hold during the same?

2. What are the timing of opening and closing of the above mentioned school?

3. Copies of the application letter and related documents given by the teacher to the school
regarding his appointment.

4. Attested photocopies along with diary dispatch number of the experience certificates, as
and when given by the school to the teacher.

5. Before applying for the post of TGT Sanskrit in Sanatan Dharma Higher secondary
School (Gujarat), Kirti Nagar, did the teacher get his application letter forwarded from
Doon Public Senior Secondary School? Whether yes or no, a certified copy of the letter.

6. In 2008, how many times did the teacher give permission letters to the school before
giving his application letter? Certified copies of the same.

7. Diary number, dispatch number and certified copies of any No Objection Certificates
given to the teacher by the school in relation to his working in other schools.

8. Certified copy of any notice etc (related to the school) given by the teacher to the school
under Section 96(9) of Delhi Education Act, 1973.

Reply of PIO:

Regarding query 2, copy enclosed giving the school timings.
Regarding all the other queries, school seeks exemption u/s 8 (1) (j) of the RTI Act, 2005. (Letter
enclosed).

Grounds for First Appeal:

Unsatisfactory information provided.

Order of the First Appellate Authority:

Appeal disposed. No directions required to the PIO.

Grounds for Second Appeal:

Unsatisfactory information provided.

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Mr. Shri Niwas Chander Gaur;

Respondent: Mrs. Shukla Malhotra, PIO & DDE (WB);

The Appellant is seeking information about a teacher who was appointed on the adhoc
manner by the private unaided school. Information about such teachers is not available in the
annual return filed under Section 180 of DSEAR. Since the school is private unaided school
hence the RTI application cannot be transferred to it. Since the information is not held by the
public authority it cannot be provided.

Decision:

The Appeal is dismissed.

Information sought is not held by the Public Authority.

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
07 April 2010
(In any correspondence on this decision, mention the complete decision number.) (AS)