CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002744/9989
Appeal No. CIC/SG/A/2010/002744
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Farhan,
C/o Pardarshita,
F- 185, 186,
New Seema Puri,
Delhi- 110095
Respondent : Public Information Officer &
Deputy Director of Education (North East),
O/o Deputy Director of Education (North
East), Directorate of Education,
RTI Cell, Yamuna Vihar,
Delhi
RTI application filed on : 26/05/2010
PIO replied on : 19/06/2010
First Appeal filed on : 12/08/2010
First Appellate Authority order of : 30/08/2010
Second Appeal received on : 28/09/2010
Information Sought:
1. Amount collected in PTA Fund, Pupil Welfare Fund and VKS Fund by school or
received from planning the above approved fund.
2. Guidelines for utilizing PTA Fund, Pupil Welfare Fund and VKS Fund.
3. Time and date for inspection of details related to expenditure from the above mentioned
funds.
4. How much of the above funds was utilized in the session 2009- 2010?
Reply of the Public Information Officer (PIO):
The Appellant was asked to deposit a fee of Rs. 38 to collect the copies of the information
sought.
Grounds for the First Appeal:
The Appellant deposited the prescribed fee of Rs. 38 on 30/06/2010. However, no reply was
given by the PIO.
Order of the First Appellate Authority (FAA):
The FAA observed that despite having deposited the requisite fees, the information had not been
provided. The PIO was directed to provide the information free of cost to the Appellant and
return the amount deposited.
Grounds for the Second Appeal:
No information was provided by the PIO despite the order of the FAA.
Decision:
The Commission has perused the documents submitted by the Appellant. The FAA has
given a clear order dated 30/08/2010 directing the PIO & DDE (NE) to provide the
information free of cost to the Appellant and return the amount deposited. The Appellant
has not been provided with the information requested for despite the order of the FAA.
The Commission therefore directs the PIO & DDE (NE) to provide the information
requested for by the Appellant free of cost and return the amount of fees deposited.
Denial of information to an Appellant under the RTI Act can only be done if what is
sought is not “information” as defined under Section 2(f) of the RTI Act or is exempt
under Section 8(1) of the RTI Act. The PIO & DDE (NE) has neither claimed that it is
not “information” nor has he claimed that it is exempt under Section 8(1) of the RTI Act.
The Appeal is allowed. The PIO & DDE (NE) is directed to provide the complete
information requested by the Appellant free of cost before November 30, 2010. The PIO
& DDE (NE) is further directed to return the fees of Rs. 38 deposited, to the Appellant
before November 30, 2010
From the facts before the Commission it is apparent that the PIO & DDE (NE) is guilty
of not furnishing information within the time specified under Section 7(1) of the RTI Act
by not replying within 30 days. He has further refused to obey the orders of the FAA,
which raises a reasonable doubt that the denial of information may also be mala fide. The
FAA has clearly ordered the information to be given. It appears that the actions of the
PIO & DDE (NE) attract the penal provisions of Section 20(1) of the RTI Act. A show
cause notice is being issued to him and he is directed to give his reasons to the
Commission to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on December 21,
2010 at 2:30 pm along with his written submissions showing cause why penalty should
not be imposed on him as mandated under Section 20(1) of the RTI Act. He will also
submit proof of having given the information to the Appellant. If there are other persons
responsible for the delay in providing the information to the Appellant and for not
complying with the order of the FAA, the PIO & DDE (NE) is directed to inform such
persons of the show cause hearing and direct them to appear before the Commission with
him.
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 the RTI Act.
Shailesh Gandhi
Information Commissioner
November 2, 2010
(In any correspondence on this decision, mention the complete decision number.)(JA)