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Decision No. CIC/SG/A/2009/002342/5479
Appeal No. CIC/SG/A/2009/002342
Relevant Facts
emerging from the Appeal
Appellant : Mr. V K Kapoor,
356, Sector A, Pocket C, Vasant Kunj,
New Delhi- 110070.
Respondent : Dr. G.L.Jambhulkar
Public Information Officer &
Dy. Educational Advisor
Government of India.
Ministry of Human Resource Development,
Deptt of School Education & Literacy,
School-3- Section,
New Delhi.
RTI application filed on : 11/07/2009 PIO replied : 30/07/2009 First appeal filed on : 01/08/2009 (Not enclosed) First Appellate Authority order : 27/08/2009 Second Appeal received on : 17/09/2009 Date of Notice of Hearing : 12/10/2009 Hearing Held on : 11/11/2009 Information Sought
The reasons for the non compliance of orders of CIC dated 4/12/2008 Decision No
CIC/OK/A/2008/00739/SG/0406, regarding the issue of police complaint being accompanied by
a certificate from Joint Secretary Department of School Education and Literacy certifying that a
file is lost.
Reply of PIO
In response to Queries 1 to 6, the PIO has mentioned that an FIR was lodged in the Parliament
Street Police Station and a certified copy of the police complaint was sent to Mr Shailesh Gandhi
(CIC) and a copy enclosed to the Appellant on 19/12/2008.
In response to Queries 7 to 32, the PIO replied that the file was lost in the year 2000. The officers
in-charge of the section had searched for the file and in not finding it had written that the file was
‘missing. The FIR was lodged only after a thorough search.
First Appeal:
Unsatisfactory information provided by the PIO.
Order of the FAA:
The FAA noted that the Joint Secretary (SE) had seen the records relating to the lost file no 1-
43/1998-Sch-3 and the Joint Secretary (SE) was satisfied that a thorough search was carried out
before the filing of FIR. The FAA concurred with the rest of the information provided by PIO.
Ground of the Second Appeal:
Unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Absent;
Respondent : Dr. G.L.Jambhulkar, Public Information Officer & Dy. Educational Advisor;
The PIO states that the information has been provided to the Appellant. The FAA had
also upheld the order of the PIO. A perusal of the papers indicates that the information had been
provided to the Appellant
Decision:
The Appeal is disposed.
Information had 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
11 November 2009
(In any correspondence on this decision, mention the complete decision number.)(RR)