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Decision No. CIC/SG/A/2009/001585/4463
Appeal No. CIC/SG/A/2009/001585
Relevant facts emerging from the Appeal:
Appellant : Prof. (Dr.) Sambhav Garg,
R/o Garg house, # 458, Sethni Street,
Devi Bhawan Bazar, Jagadhari-110301,
District Yamuna Nagar, Haryana.
Respondent : Public Information Officer (Aff. Branch)
Central Board of Secondary Education,
Shiksha Kendra,
2, Community Centre, Preet Vihar,
Delhi-110301.
RTI application filed on : 21/03/2009 PIO replied : 01/05/2009 First Appeal filed on : 04/05/2009 First Appellate Authority order : 08/06/2009 Second Appeal filed on : 29/06/2009 Information sought Sr. Information Sought Reply of the PIO No.
1. That in the case titled as Jitender Singh The information sought by the
Tyagi Vs. Director of Education and applicant was not readily available
Ors., which was rightly decided by the being a very old case.
Coram of Hon’ble Mr. Justice Mukul
Mudgal and Mr. Justice Manmohan of
Hon’ble High Court of Delhi vide LPA
No. 1991/2006, decided on October 03,
2008, it was mentioned in this judgment on
the page no.2, para no. 2 that ” On a query
from the secretary DAV College
Managing Committee, Secretary,
C.B.S.E. by its letter dated 5th
December, 1996 was pleased to inform
them that each public school affiliated to
CBSE is treated as a separate entity”.
The Appellant wants the duly attested
copy of the query of DAV College
Managing Committee received by the
C.B.S.E. and the letter vide no. DC
No.5/PA/96/314, dated 5/12/96 issued by
the Secretary of C.B.S.E. in response to
the same. And if the details were not
available then reasons for the same and the
persons responsible for the same.
2. Name, addresses & phone numbers of the Copy of list of School Managing
members of Managing Committee in Committee of the Schools as
respect of the following CBSE affiliated available in the records of the
schools as per the record of the concerned Board is enclosed.
branch of CBSE:-
(i) DAV Cent. Public School, Urban
Estate, Jind 126102 Haryana.(ii) DAV Cent. Public School, Meham Road, Bhiwani 127021 Haryana. 3. The name of all teaching and non- teaching CBSE does not compile such staff members along with their address and information on regular basis hence phone numbers in r/o the following CBSE the same is not available with the affiliated schools along with the Board. information that whether they weresufficient in number as per CBSE rules &
regulations:(i) DAV Cent. Public School, Urban
Estate, Jind 126102 Haryana.(ii) DAV Cent. Public School, Meham Road, Bhiwani 127021 Haryana. 4. The information supplied earlier to the CBSE does not compile such Appellant mentioned the list of the information on regular basis hence members of B.N.S.D.A.V Public School by the same is not available with the the CBSE, but the address of Chairman of Board.this school was incorrect. The Appellant
had sought the correct address of this
official.
5. The steps taken by the CBSE authorities The information sought by the
with regard to the complaint filed by the applicant is not clear. Hence copy
Appellant vide his letter dated 13th of his letter dated 13/12/2008 and
December 2008 bearing Ref. No. as reply sent by CBSE may be
CBSE/ERROR/1 along with the reasons submitted for providing the
and name of the guilty CBSE officials who information
are responsible for not ensuring the justice
till today.
6. Appellant had sent a letter dated 19th Revised marking scheme is
February through the Principal of Kali Ram already available on CBSE
D.A.V. Public School, Safidon- website as intimated vide letter
126112(Jind), Haryana to the Chairman of dated 19/11/2008 which may
CBSE, New Delhi along with the copy to please be referred to.
Secretary of CBSE & Regional Office of
CBSE at Panchkula. The Appellant sought
the details about the contents of this letter
as to which one of them had been accepted
and which of those had been rejected along
with the reasons for the same.
7. That he had filed a complaint to Chairman, The school management has been
Secretary, Chief Vigilance Officer, Deputy asked to submit comments on the
Secretary (Affiliation), Grievance Officer, complaint vide letter dated 21st
Regional Officer, Panchkula of CBSE vide March, 2009. Reply waited.
his letter bearing No.
2009/JAISIYARAMKI/KHANNA/AHC/1-
22/C1-72/4 dated March 21, 2009 along
with the necessary enclosures in a matter
where his certificates and amounts were
not paid by the CBSE affiliated schools. He
wishes to know the action taken by each of
them on the same separately & the
outcome of the action of these authorities
of CBSE separately.
Reply of PIO:
As above.
Grounds for First Appeal:
Partial and unsatisfactory reply by the PIO
Order of the First Appellate Authority:
The FAA stated in his order that “In the light of the case and facts given above it has
been observed that the Appellant has been provided with the information available with
the Board and no denial of information on the part of Public Information Officer has been
established. The Appeal is dismissed with the above observations”.
Grounds for Second Appeal:
PIO did not provide the complete information.
Relevant facts emerging during hearing:
The following were present.
Appellant: Absent
Respondent: Absent
The PIO will give the following information to the Appellant:
Query 1- the information to be provided or a clear statement will be made that the
information is not available.
Query 3- if the names of the teaching and non-teaching staff are submitted by the schools,
the lists will be provided to the Appellant. Also, the numbers of teaching and non-
teaching staff will be provided with a statement whether they as per the approved norms.
Query 4- the address of the Chairman as per records will be provided.
Query 5- the PIO will provide the action taken on the Complaint of 13/12/2008 and any
communications or file notings with respect to this.
Query 6- the PIO will inform the Appellant about the action taken on his letter of 19
February 2008 with any communications or file notings with respect to this.
Query 7- the PIO will inform the Appellant about the action taken on his complaint to the
Chairman, CBSE vide his letter dated 21/03/2009 with any communications or file
notings with respect to this.
In the above is no action has been taken regarding Queries 5, 6 and 7 this will be stated.
Decision:
The Appeal is allowed.
The PIO will provide information as per details given above to the Appellant before 5
September 2009.
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
17.08.2009
(In any case correspondence on this decision, mention the complete decision number.)
(D.A.)