CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001175/8123
Appeal No. CIC/SG/A/2010/001175
Relevant Factsemerging from the Appeal:
Appellant : Ms. Sarla Kaushik
89, Sandesh Vihar ,
Pitampura, Delhi-110034
Respondent : Public Information Officer
Deputy Director of Education, GNCTD
District North West B, FU - Block,
Pitampura, Delhi 110088
RTI application filed on : 27/10/2009
PIO replied : 30/10/2009
First appeal filed on : 14/10/2009
First Appellate Authority order : 01/01/2010
Second Appeal received on : 28/04/2010
Information Sought:
The Appellant sought the following information through her RTI application and subsequent
reminders dated 22/05/2009 and 07/07/2009 –
• Information as to whether an employee of a recognized public school is entitled to
payment of gratuity
• A copy of the relevant Order, Circular, Delhi School Education Act or Rules pertaining to
payment of gratuity
• A copy of the directives issued by the Government of Delhi regarding payment of arrears
on account of implementation of the 6th Pay Commission
• Information as to whether the employee of a recognized private school working till
30/09/2008 is entitled to payment of arrears on account of implementation of the 6th Pay
Commission from 01/06/2006
• Information regarding the action that can be taken against such recognized private school
or institution for non-compliance of the Rules of the Directorate of Education
Reply of the Public Information Officer (PIO)
The PIO forwarded the Appellant’s letters to The E.O. Zone XIII, Directorate of Education, as
was notified to the Appellant vide letter dated 30/10/2009.
Grounds for the First Appeal:
No information provided by the PIO.
Order of the First Appellate Authority (FAA):
The First Appellate Authority directed the PIO/DDE(NW-B) to give a reply to the Appellant
within two weeks.
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Grounds for the Second Appeal:
Non-compliance of the order of The First Appellate Authority.
Relevant Facts emerging during Hearing:
Both the parties were given an opportunity for hearing. However, neither party appeared. From a
perusal of the papers it appears that the information has not been provided to the appellant even
after the specific order of the First Appellate Authority. No exemption has been claimed by the
PIO and the FAA has clearly ordered that the information must be provided.
Decision:
The Appeal is allowed.
The PIO is directed to give the complete information to the appellant before
30 June 2010.
The issue before the Commission is of not supplying the complete, required information by
the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 by not replying within
30 days, as per the requirement of the RTI Act. PIO has further refused to obey the orders of his
superior officer, which raises a reasonable doubt that the denial of information may also be
malafide. The First Appellate Authority has clearly ordered the information to be given.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause
notice is being issued to the PIO, and is directed give reasons to the Commission to show cause
why penalty should not be levied..
The PIO will present before the Commission at the above address on 06 July 2010 at 3.00pm
alongwith his written submissions showing cause why penalty should not be imposed on him as
mandated under Section 20 (1). The PIO 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 the PIO is directed to inform such persons of the show cause hearing and direct
them to appear before the Commission with him.
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
14 June 2010
(In any correspondence on this decision, mention the complete decision number.)(AG)
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