Central Information Commission Judgements

Ms.Kusum Kalra vs Government Of Nct Of Delhi on 21 December, 2010

Central Information Commission
Ms.Kusum Kalra vs Government Of Nct Of Delhi on 21 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/2010/003079/10544
                                                                     Appeal No. CIC/SG/A/2010/003079
Relevant Facts

emerging from the Appeal

Appellant : Ms. Kusum Kalra
464, Sector-37, Faridabad-121003

Respondent : Ms. Anita Satia
Public Information Officer &
Dy. Director (Education) South
Directorate of Education, GNCTD
C Block, Defence Colony,
New Delhi

RTI application filed on : 11/08/2010
PIO replied : 05/10/2010
First appeal filed on : 11/09/2010
First Appellate Authority order : 08/10/2010
Second Appeal received on : 01/11/2010

Information Sought:

Details of the resignation of teachers, voluntary retirement, rules under which voluntary retirement is
accepted, details of teachers who were denied voluntary retirement even after 30 years of service,
retirement benefits to teachers, details of retirement benefits denied and illegal deductions made for the
same.

Reply of the Public Information Commissioner:
No information available with the office. However, the rules for voluntary retirement are as under the
Delhi School Educations Act and Rules-1973.

Grounds for the First Appeal:

No reply by the PIO even after a lapse of 30 days.

Order of the First Appellate Authority (FAA):
The PIO is directed to provide the requisite information within a stipulated time.

Grounds for the Second Appeal:

Non-cooperation by the school in providing the information and dissatisfactory response by the PIO.

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Mr. R. P. Kalra representing Ms. Kusum Kalra;
Respondent: Ms. Kunti Aswal, EO(Z-24) on behalf of Ms. Anita Satia, PIO & DDE(S);

The Appellant has a dispute with a private unaided school about the payment of the gratuity.
Information being sought by her is not available with the Department and the Appellant has filed 29 RTI
applications on the same subject. The PIO has also given an inspection of all the relevant records to the
Appellant. It is very clear that all information with the department has been provided to the Appellant and
the Appellant would have to approach an appropriate forum to resolve this.
The appellant wants copy of the rules related to voluntary retirement of teachers in private unaided
schools. If there is any rule which applies to voluntary retirement of teachers in Private Unaided schools
this will be provided to the Appellant. In case there is no such rule this should be stated.

Decision:

The Appeal is disposed.

The PIO is directed to give the information about the voluntary retirement of
teachers in private unaided schools as directed above to the Appellant before 10 January
2011.

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