CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002448/5575
Appeal No. CIC/SG/A/2009/002448
Relevant Facts
emerging from the Appeal:
Appellant : Sudesh Passi Khandelwal,
Flat No 224, Sunrise Aptt, Sector 45,
Faridabad,
Haryana- 121010.
Respondent : Ms. Abha Joshi
Public Information Officer & DDE(C)
Government of NCT of Delhi.
Directorate of Education,
O/o Dy Director of Education, (C), Plot 5,
Jhandewalan, New Delhi.
RTI application filed on : 07/06/2009 PIO replied : Not enclosed. First appeal filed on : 28/07/2009 First Appellate Authority order : 21/08/2009 Second Appeal received on : 01/10/2009 Date of Notice of Hearing : 13/10/2009 Hearing Held on : 18/11/2009 Information Sought
a) Inspection of attendance register of teaching staff of SKV Pandara Road during the
period 01/07/2002 to 31/10/2002.
b) Attested copy of attendance register of T staff of SKV Pandara Road during the period
01/07/2002 to 31/10/2002.
c) Attested GPF statement during the period 2001 to 2003.
d) Attested copy of leave record during the 2002-2003 session.
Reply of PIO
Not enclosed. (Appellant did not receive the information from PIO within stipulated time).
First Appeal:
Unsatisfactory information provided by the PIO.
Order of the FAA:
The FAA observed that information had already been provided to the Appellant by the PIO and
therefore FAA disposed off the case. However, FAA directed the PIO to adhere to the time limit
as mentioned in RTI Act.
Ground of the Second Appeal:
Unfair disposal of the appeal by FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Smt Sudesh Passi Khandelwal;
Respondent: Ms. Abha Joshi, Public Information Officer & DDE(C);
The Appellant states that she was not called for any hearing by the FAA and it appears
that Dr. Sunita S. Kaushik has passed the order without understanding that the Appellant has not
been provided the information sought by her. This is a clear dereliction of duty by the FAA. The
Appellant has not been given any of the information except the attested copy of the attendance
register sought at query-2 only for the months of September and October 2002. Even here the
attendance register for July and August has not been given. She was also not offered an
opportunity to inspect the attendance register. The GPF statement photocopy not provided to her
nor a copy of her leave record.
Decision:
The Appeal is allowed.
The PIO Ms. Abha Joshi is directed to facilitate an inspection of the record to the
Appellant on 01 December 2009 at the School at 10.00am. The information sought by the
Appellant will be provided to her before 30 November 2009. During the inspection of the
attendance register if the appellant wants any photocopies these will be provided to her.
The issue before the Commission is of not supplying the complete, required information by
the then PIO Mr. Jang Bahadur within 30 days as required by the law.
From the facts before the Commission it is apparent that the then 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. It appears that the then PIO’s actions attract the
penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed
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 14 December 2009 at
2.30pm alongwith his written submissions showing cause why penalty should not be imposed on
him as mandated under Section 20 (1).
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
18 November 2009
(In any correspondence on this decision, mention the complete decision number.)(RR)
CC:
Mr. Jang Bahadur
Office of the Dy. Director
District South West (B)
Directorate of Education
Nazafgarh, Delhi