Central Information Commission Judgements

Mr. V. K Agrawal vs Kendriya Vidyalaya Sangathan on 25 September, 2009

Central Information Commission
Mr. V. K Agrawal vs Kendriya Vidyalaya Sangathan on 25 September, 2009
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                                                  Decision No.CIC/SG/A/2009/001898/4933
                                                        Appeal No. CIC/SG/A/2009/001898

Appellant                                 :       Mr. V. K Agrawal
                                                  WZ -75, Ground Floor,
                                                  Gali No. 4, Shiv Nagar,
                                                  New Delhi -110058.

Respondent                                :       Mr. G.R.Dua
                                                  Public Information Officer,
                                                  Kendriya Vidyalaya Sangathan,
                                                  JNU Campus, New Mehrauli Marg,
                                                  New Delhi-110067

RTI application filed on                  :       13/09/2008
PIO replied                               :       21/10/2008(Transferred)
First Appeal filed on                     :       31/05/2009
First Appellate Authority order           :       Not mentioned
Second Appeal Received on                 :       01/08/2009

Information sought:
   1.     Information on the basis of letter No. RTI 2007-2008/449-450 dated 16/08/2007,
          regarding misappropriation of funds of NIOS/ dated of displeasure letters/unfair
          means adopted by the Appellant and administrative matters whatsoever, whether the
          same were submitted reported to KVS (HQ) or not. The copy of the same may
          provided as alleged and claimed by Sh D. D. Kaushik
   2.     Action taken report by AC (Admin & Fin), KVS (HQ) on the complaint against Sh
          Kaushik dated 12/08/2008 regarding misappropriation and embezzlement of Govt.
          funds.
   3.     Action taken on the application dated 23/07/2008 regarding compliance with order of
          CIC for supply of documents, submitted by the Appellant to AC (Admn & Fin) vide
          his letter dated 25/06/2008 and order of CIC dated 24/06/2008.
   4.     Appellant requested to supply as already intimated vide his letter dated
          25/07/2008.

PIO's Reply:
No response.
Application was transferred on 21/10/2008 and again requested on12/06/2009 by the PIO, KVS,
Institutional Area, to the Respondent mentioned above.

Grounds for First Appeal:
Information not provided.

Order of the First Appellate Authority:
Not enclosed.
 Grounds for Second Appeal:
Information had not been provided to the Appellant.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Absent
Respondent: Mr. G.R.Dua, PIO
The RTI application for the query-1 was transferred to the PIO KVS, Regional Office, Delhi on
21/10/2008. The First appeal was filed by the Appellant on 31/05/2009. The PIO KVS Regional
Office Mr. Dua has supplied the information on 15/07/2009 that no information or documents
mentioned in the RTI application are available on the records. The PIO states that the RTI
application which was transferred on 21/10/2008 had been misplaced inadvertently by the office
staff. The PIO state that a proper system is now been incorporated to ensure that such instances
are not repeated.

Decision:

The appeal is allowed.

The information has been provided 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
25 September 2009

(In any correspondence on this decision, mention the complete decision number.)Rnj