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Decision No. CIC/SG/A/2009/001674/4603
Appeal No. CIC/SG/A/2009/001674
Relevant Facts
emerging from the Appeal:
Appellant : Mr. V.K. Agarwal
WZ-75, Ground Floor,
Gali No. 4, Shiv Nagar, New Delhi
Respondent : Dr. D.D.Kaushik
the then Principal & PIO
Kendriya Vidyalaya
NFC, Vigyan Vihar, Delhi
RTI application filed on : 09/04/2009
PIO replied : Not mentioned
First appeal filed on : 01/06/2009
First Appellate Authority order : Not mentioned
Second Appeal received on : 10/07/2009
Information sought:
Appellant had sought following information:-
1. Certified copies of the handing over records/files of court/ tribunal cases particularly of
the OA 110/2000 filed by Sh. V.K. Agarwal Ex-WET, KV No. 1, Delhi cantt in regards
to his transfer from KV No. 1, Delhi Cantt in the month of Nov, 1999 by sh. D.D.
Kaushik, Privcipal , KV No. 1, Delhi Cantt on his transfer from KV 1, Delhi Cantt to KV
Murad nagar in the year 2001.
2. Name and designation of the official who was the actual record holder of Court/Tribunal
cases at KV No. 1, Delhi Cantt from the year 1998 to year 2001.
3. Certified copy of handing over charges of NOS by Sh. D.D. Kaushik, Principal of KV
No. 1, Delhi cantt on his transfer from KV 1 Delhi Cantt. In the year 2001.
4. It is pertinent to mention that records of NOS complete in all respect were such to AC,
KVS (DR), Delhi in the year 1998 by Sh. D.D. Kaushik under his covering letter for the
purpose of recruiting at KVS (DR) these with AC(DR) for some time and later on
returned back to vidyalaya in the year 1999. by whom these records of important in
nature were received and under whose custody these later on to whom these were handed
over by Principal, Sh. D.D. Kaushik on his transfer from KV 1 Delhi Cantt.
5. Certified copies of all memos issued to Sh. V.K. Agarwal WET KV No. 1, Delhi Cantt at
that relevant time from the year since his appointment till the date of his transfer from
KV No. 1, Delhi Cantt in the year 1999 as alleged by Sh. D.D. Kaushik on an affidavit in
OA 110/200 in the Tribunal.
6. Certified copy of report of fact finding inquiry conducted in regards to misappropriation
of open school funds by way of for giving falls signatures of others as alleged on as
affidavit in OA 110/200 in Tribunal by Sh. D.D. Kaushik and proof of indulging of Sh.
V.K. Agarwal in misconceives.
7. Certified copies of all displeasure letters issued to Sh. V.K. Agarwal as alleged by Sh.
D.D. Kaushik on affidavit in OA 110/2000 with Tribunal.
PIO reply:
Not mentioned.
Grounds for First Appeal:
No reply received till date from PIO.
Order of the First Appellate Authority:
Not mentioned.
Grounds for Second Appeal:
No reply was received from PIO nor any order was passed by FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. V.K. Agarwal
Respondent: Dr. D.D.Kaushik the then PIO
The respondent states that the envelop in which the RTI was supposed to be there did not
contained the RTI application. The Appellant insist that this is untrue and believes the
Respondents are using as a technique to harass him. The Respondent shows that he has sent the
letter to the Appellant asking him to send the RTI application which the Appellant did no do. The
Appellant instead asked to provide the names of the person who opened the envelop. It is not
possible fro the Commission to act like an investigating engine investigating whether the RTI
application actually reached or not. The information has been identified as belonging to Delhi
Cantt. No. 1 and the PIO of Delhi Cantt no.-1 is directed to provide the information to the
Appellant before 10 September 2009.
Decision:
The appeal is allowed.
The PIO of Delhi Cantt. No.-1 is directed to provide the information to the Appellant before 10
September 2009.
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 cost as per Section 7(6) of
RTI Ac.
Shailesh Gandhi
Information Commissioner
28 August 2009
(In any correspondence on this decision, mentioned the complete decision number.)
k.j.