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Decision No. CIC /SG/A/2008/00076/1192
Appeal No. CIC/SG/A/2008/00076/
Relevant Facts
emerging from the Appeal
Appellant : Mrs.Amrit Pahuja,
F-454, Vikas Puri
New Delhi -110018.
Respondent 1 : Mr. H.C.Chaudhary,
PIO (HQ),
Govt. of NCT of Delhi
Directorate of Education,
RTI Cell Room No. 221,
Old Secretariat,
Delhi -110054.
RTI application filed on : 18/06/2008
PIO replied : 22/07/2008
First appeal filed on : 16/09/2008
First Appellate Authority order : 14/07/2008
Second Appeal filed on : 30/10/2008
The appellant had asked in RTI application for service book along with leave records,
ACRs copies.
Detail of required information:-
S.No. Information Sought. The PIO replied.
1. Copy of my service book since joining the Does not relate to this cell.
school, including upto date leave records.
2. Copies of my ACR since joining the school Does not relate to this cell.
in the light of decision in the case of Dev
Dutt Vs Union of India dated 12/05/2008 in
appeal no. 763/2002.
3. When selection grade due since 1994 shall The matter is under prosses.
be granted and time within which selection
grade will be given to me since now VIth
Pay commission report is also due for
implementation.
The First Appellate Authority ordered: –
“I have perused the original RTI application dated 18/06/2008 filed by the applicant
Smt. Amrit Pahuja, reply furnished by the PIO (HQ) dated 17/07/2008 and the appeal dated
31/07/2008 filed by her. I am of the view that the information as available has already been
furnished to the applicant by the PIO (HQ) which is adequate and satifactory”.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent
Respondent: MR. S.K.Sharma on behalf of Mr. H.S. Choudhary PIO
And Ms. Chand Sarna PIO of the school.
The PIO of Directorate of Education had transferred the application to DDE West B, who in
turn transferred it to the PIO of the school.
The PIO of the school claims that she had offered to give the information to the appellant on
2 August 2008, but the appellant refused to take it. In the meantime the PIO of the
Directorate of Education has wrongly sent a reply on 22/7/2008 contending that the
information for some part, “Does not relate to this cell.” The First appellate authority has also
issued an order without any application of mind. Since the application had been transferred to
the school which had the information, there was no point in the First appellate authority
stating that the information provided by the PIO of the department was adequate.
The PIO of the school is now directed to send the information free of cost to the appellant by
Registered post.
Decision:
The Appeal is allowed.
The PIO of the school is directed to send the information free of cost to the
appellant by Registered post before 30 January 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
21st January 2009
(For any further correspondence please mention the decision No.)