CIC: it is very difficult to tackle a person who appears to take vengeance against the entire department since he was not continued as guest teacher; all the RTI applications & first appeals are malafide; no penalty is imposable because there was no delay

FACTS

Since all the above ten appeals are filed by the same Appellant against the same Public Authority, it has been decided to dispose them through a common order.

2. Heard on 25.4.14. Appellant present along with Shri Parmanand Singh, Advocate and Shri Sudhir Kumar. Public Authority is represented by Ms.Saroj Sain, DDE(East), Shri R.K.Rajesh, Vice principal, Ms.Neha Shankar, Supdt., Shri Manoj Kumar, Supdt, Shri H.R.Subramanian and Shri Surendra Singh, Teachers.

3. The Appellant sought information against thirty points pertaining of Eco Club (2012-2013), sanitation, water supply, Republic Day & Independence Day celebration, Mid Day Meal and Local Tour at GBSSS, Joshi Colony, Mandawali.

4. The Commission after thorough verification of each point of the RTI application and the responses given with regard to it notes that the order of the Appellate Authority has been fully complied with by the Respondents. The appeal is closed.

CIC/DS/A/2013/001210SA CIC/DS/A/2013/001445SA

5. The Appellant in both the above appeal have sought information pertaining to Yuva and Eco Club, Water and Sanitation facilities and the tours etc for the years 2011-12 and 2012-13.

6. The Commission after hearing the submissions of both sides directs the PIO to give information about the presence of students and teachers and related papers regarding educational tours, in respect of other points sought for in the RTI application, the necessary information has been provided to the appellant.

CIC/DS/A/2013/001446SA

7. The Appellant sought information against fifteen points pertaining to Annual Function celebration (2012-2013), Mid Day Meal, Special Training Centres and Guest Teachers (2012-13) at GBSSS, Joshi Colony, Mandawali.

8. The Appellant main contention before the Commission during the hearing was that the documents sought by the him was not provided to him. The Respondent authority during the course of hearing have submitted that the necessary documents were already provided to the appellant. On Commissions direction, the copy of the documents were again handed over to the appellant. The appeal is closed.

CIC/DS/A/2013/001452SA

9. The Appellant sought information against twenty three questions pertaining to Special Training Centre, sources of water in the school, fire extinguishers and some third party information about the employees of GBSSS, Joshi Colony, Mandawali.

10. The Respondent Authority during the Course of hearing submitted that the information sought by the appellant in his RTI application and in compliance of the First Appellate Authority Order was provided to him. The Respondent also submitted that 175 pages of documents in respect of the information sought has been provided on 25.6.2013. The appeal is closed.

CIC/DS/A/2013/001454SA

11. The Appellant sought information against twenty questions pertaining to Special Training Centres from UEEM at GBSSS, Joshi Colony, Mandawali.

12. The Appellant admitted having received information sought but his only contention was with regard to delay of 18 days in receipt of the reply, he vehemently insists on imposition of penalty. Even if there is a delay of eighteen days which cannot be said to be a delay since earlier such information was already given.

13. The Commission therefore in view of the above condones the delay and the appeal is closed.

CIC/DS/A/2013/001510SA

14. The Appellant sought information against twenty four questions pertaining to attendance of students, duty of teachers in CBSE examination, local tour, time table, outstation tour, special learning centres, class IV employees, posting of guest teachers and some information in respect of GBSSS, Joshi Colony, Mandawali.

15. The Respondent Authority during the Course of hearing submitted that the information sought by the appellant in his RTI application and in compliance of the First Appellate Authority Order was provided to him. The Respondent also submitted that 370 pages of documents in respect of the information sought has also been provided on 25.6.2013. The appeal is closed.

CIC/DS/A/2013/001511SA

16. The Appellant sought information against twenty four questions pertaining to attendance of students, duty of teachers in CBSE examination, local tour, time table, outstation tour, special learning centres, class IV employees, posting of guest teachers and some information in respect of GBSSS, Joshi Colony, Mandawali.

17. The Respondents submitted that information was supplied. The Appellant denied receipt of the information and wanted to show the proof of his receiving the documents.

18. The Commission directs the PIO to look for the record and if the Appellant’s acknowledgement of having received the information is there, the same to be informed to the Appellant. If not, the entire documents be supplied once again.

CIC/DS/A/2013/001512SA

19. The Appellant sought information against thirteen questions pertaining to Annual Day celebration (201112), water supply and Mid Day Meal at GBSSS, Joshi Colony, Mandawali.

20. The Respondents submitted that information was supplied. The Appellant denied receipt of the information and wanted to show the proof of his receiving the documents.

21. The Commission directs the PIO to look for the record and if the Appellant’s acknowledgement of having received the information is there, the same to be informed to the Appellant. If not, the entire documents be supplied once again.

CIC/DS/A/2013/001453SA

22. The Appellant sought information relating to Learning Centres in U.E.E.M. Having received no reply within the prescribed period, the appellant preferred First Appeal on 05.07.2013. The First Appellate Authority in his Order dated 22.07.2013, have upheld the order of PIO.

23. The Respondents submitted that Appellant was asked to deposit Rs.908/- towards supply of 504 pages of information with letter dated 27.06.2013, a copy of the proof of service was shown to the commission.

24. The Commission directs the PIO to supply the necessary information after receipt of payment from the Appellant. The information should be supplied within thirty days of receipt of this order.

25. The Commission observed that all the officers of Respondent Public Authority were very sincere, responsive to questions and trying to provide each and every information that was being sought by the Appellant with great care and caution. The Appellant does not have any patience and he disputes everything inspite of producing receipt of the papers and he is putting every officer on toes and for any office, it is very difficult to tackle such a person who appears to take vengeance against the entire department since he was not continued as guest teacher, as stated by the respondent authority. Even if there is a delay of eighteen days which cannot be said a delay since earlier such information was already given, he vehemently insists on imposition of penalty. The Commission observed that all the RTI applications and first appeals relating to the issue of one single school wherefrom he is discontinued as Guest Teacher are malafide. Hence his request for imposition for penalty is rejected because it is not possible to consider that there was a delay.

26. The appeals are disposed with the above direction.

(M. Sridhar Acharyulu)

Information Commissioner

Citation: Pravesh Kumar v. Education Dept., GNCTD in CIC/DS/A/2013/001209SA CIC/DS/A/2013/001210SA CIC/DS/A/2013/001445SA CIC/DS/A/2013/001446SA CIC/DS/A/2013/001452SA CIC/DS/A/2013/001454SA CIC/DS/A/2013/001510SA CIC/DS/A/2013/001511SA CIC/DS/A/2013/001512SA CIC/DS/A/2013/001453SA