Central Information Commission Judgements

Mrs.Farhan vs Directorate Of Education, Gnct, … on 3 December, 2010

Central Information Commission
Mrs.Farhan vs Directorate Of Education, Gnct, … on 3 December, 2010
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office)
                           Old JNU Campus, New Delhi - 110067
                                  Tel: +91-11-26161796
                                                               Decision No. CIC/SG/A/2010/002743/10290
                                                                       Appeal No. CIC/SG/A/2010/002743
Relevant Facts

emerging from the Appeal:

Appellant : Mr. Farhan
C/o Pardarshita, F- 185, 186, New Seema Puri
Delhi-110095

Respondent : Mr. R. N. Sharma
Public Information Officer & Dy. Director
Directorate of Education
O/o Dy. Director of Education (N/E)
B Block, Yamuna Vihar, Delhi-110053

RTI application filed on : 05/05/2010
PIO replied : 25/05/2010
First appeal filed on : 10/06/2010
First Appellate Authority order : 09/07/2010
Second Appeal received on : 28/09/2010
Information Sought
The Appellant sought information on the following questions:

1. Amount of PTA Fund, Pupil Welfare Fund and VKS Fund collected by school or received during the
planning of the above session.

2. Guidelines for utilizing PTA Fund, Pupil Welfare Fund and VKS Fund?

3. The Appellant wants to inspect all the details related to expenditure from the above mentioned funds,
therefore mention the time & date

4. Amount of PTA Fund, Pupil Welfare Fund and VKS Fund utilized during session 2009-2010.

Reply of the Public Information Officer (PIO)
The following reply was provided to the Appellant on 25/05/2010:

1. Information provided in the following tabular format:

                     Sl. No.         Name of Fund                  Amount Recd.
        2010-2011 1                  PWF Fund                      Rs. 43320/-
                     2.              PTA Fund                      Rs. 27650/-
                     3.              VKS Fund                      Rs. 2,00,000/-

2. See the website of the department for guidelines

3. Matter of HOD, date & time of inspection will be fixed by the head of department after consensus
2010-2011; all in charge for funds on consensus duties.

4. Information:

         Year             Sl. No.        Name of Fund                 Utilized
        2009-2010            1.      VKS Fund                  Rs. 20,000/-
                              2.     PWF Fund                  Rs. 1175/-
                             3.      PTA Fund                  Rs. 3432/-

Grounds for the First Appeal:

Unsatisfactory reply to Query Nos. 2 & 3 of RTI application.

Order of the First Appellate Authority (FAA):
The FAA found that no information was given w.r.t. Query No. 3, and the appellant was not given a date
and time to inspect the records as intimated by the PIO in the reply dated 25/05/2010. Further the FAA
ordered that the PIO is required to arrange an inspection within a week and letter of the same should be
issued in two days; Appeal Disposed.

Grounds for the Second Appeal:

Unsatisfactory and incomplete information provided by the PIO; subsequent to the FAA’s order, inspection
was conducted in the school by the Appellant but the Vice Principal/APIO denied providing photocopies of
certain documents and reports.

** On 07/09/2010, subsequent to the order of the FAA, an inspection was conducted by the Appellant in the
school.

Relevant Facts emerging during Hearing:

The following were present
Appellant: Mr. Farhan;

Respondent: Mr. C. M. Sharma, UDC on behalf of Mr. R. N. Sharma, PIO & Dy. Director;

Mr. Jitendra Kumar, Vice Principal and Mr. J. K. Singh, TGT Govt. Co-ed Secondary School,
. Old Seemapuri, Delhi;

The Appellant had sought inspection of the relevant records and form the statements of the both
sides it appears that no specific date and time for inspection had been fixed. The Commission suggests the
in matters of where inspection is sought it may be a good practice for appellants to suggest two or three
alternate date and time in their applications. In the absence of any specific date and time being mentioned by
the Appellant the PIO is advised to send a letter offering inspection on two or three specific dates and times
to the Applicants. The Commission has observed that some misunderstanding appears to be occurring
between applicants and PIOs on the issue of fixing the time and date for inspections. The Commission also
suggests the FAAs when ordering an inspection should specific time and date for inspection. The
Respondent has brought the attested photocopies of records which the Appellant had identified during the
inspection which is being given to the Appellant before the Commission.

Decision:

The Appeal is allowed.

The information has been provided.

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
03 December 2010
(In any correspondence on this decision, mention the complete decision number.)(JA)