Copy of EPF contribution proof submitted by the Kennedy Public School were delayed on the pretext that it is pending consideration with the Private School Branch - CIC: What prevented the PIO from accessing the information from the PSB and furnishing it?
5 Jan, 2021Copy of EPF contribution proof submitted by the Kennedy Public School for a particular period as contained in the Inquiry Report were delayed on the pretext that it is pending consideration with the Private School Branch - CIC: PIO has not been able to satisfactorily explain what prevented him from accessing the information from the PSB and furnishing it to the appellant
Information sought and background of the case:
The Appellant filed her RTI application dated 14.02.2018 for sought information on following two points:
1. Copies of all the documents that are said to have been collected by the Committee during their Inquiry proceedings in the light of complaint made by me and other two teachers of Kennedy Public School.
2. Copy of the Report submitted by the above referred Inquiry Committee by the Director(Education).
The PIO/ADE (SW-B), furnished a reply as provided by the DDE Zone-21, Distt SW-B, to the appellant vide letter dated 13.03.2018. Information against both queries were furnished as follows:
“…1. Documents collected and submitted by the Inquiry Committee are volumes of pages. Applicant with prior permission may visit and inspect the file and mark the required pages which shall be supplied after depositing requisite fees.
2. Copy of Inquiry report submitted by the Inquiry Committee is attached herewith.”
Another reply dated 06.03.2018 from the DDE, Zone – 21 is found on record whereby the appellant was informed as follows:
“1. Documents collected and submitted by the Inquiry Committee is third party information hence it cannot be provided to the applicant.
2. Copy of Inquiry report submitted by the Inquiry Committee is attached herewith.”
Dissatisfied with the reply received from the PIO, the Appellant filed First Appeal dated 05.04.2018. The FAA vide order dated 21.04.2018 directed the ADE/PIO (SW-B) to provide the requisite information to the appellant as soon as the file is received back in the District.
Feeling aggrieved and dissatisfied over non-compliance of the FAA’s orders, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from PIO/SW-B-1 vide letter dated 03.03.2020 reiterating facts of the case as narrated above. It has further been submitted by the respondent that the concerned file sought by the appellant is still under submission to Private School Branch-HQ and will be provided as soon as received back.
A subsequent written submission dated 13.05.2020 has been received from PIO/SW-B-1, Najafgarh reiterating the facts as already submitted vide the earlier submission dated 03.03.2020, mentioned above. Appellant has also submitted a written submission dated 22.03.2020, wherein she has emphasised inter alia: “…I had requested for copies of specific page numbers viz. page number C9 to C10 and page number C19 to C32 of the Inquiry Report [as referred in para 2(a) and para 2(b) respectively of the reply dated 13.03.2018 of PIO]; placing reliance on the enquiry committee’s report.
In order to promote social distancing in the wake of outbreak of COVID-19 pandemic, hearing is conducted through audio conference and both parties are present through audio conference.
The appellant is represented by her husband, who has reiterated the facts of the case while pointing out that respondent has completely denied information on the basis of false pretexts thereby deliberately withholding the information. Respondent present during hearing does not have any substantial reason to offer for the unreasonable delay in furnishing of information nor to explain the reason which prevented the respondent from accessing the information from the actual custodian of information.
Decision
Upon hearing averments of the parties and a perusal of records, the position so emerges that the information sought by the appellant are:
1) copy of Acquaintance Roll submitted by the School indicating that the teachers are paid above the minimum wages, as per Sixth Pay Commission, without hike in fee as mentioned in page number C9 to C10 attached with the Inquiry Report and
2) copy of EPF contribution proof submitted by the School for April 2011 to March 2012 contained in page number C19 to C32 attached with the Inquiry Report. The disclosure of the documents have been unnecessarily delayed by the respondent on the pretext that it is pending consideration with the Private School Branch. The PIO/DDE has not been able to satisfactorily explain what prevented him from accessing the information from the PSB and furnishing it to the appellant. Be that as it may, the Commission grants one opportunity to the respondent to discharge his duties in terms of the RTI Act.
Accordingly, the Commission hereby directs the PIO/DDE, Zone-25 -Sh. Sushil Kumar to ensure that complete information about the two points mentioned in the preceding paragraph, viz. the pages C9 to C10 and C19 to C32 annexed with the Inquiry Report, are made available to the appellant within three weeks from lifting of lockdown. The PIO/DDE shall submit a compliance report in this regard before the Commission, within 4 weeks of lifting of lockdown, failing which non-compliance proceedings shall be initiated and no further opportunity shall be granted to him.
The appeal is thus disposed off with the above observations.
Y. K. Sinha
Information Commissioner
Citation: Smt. Kiran Sharma v. Directorate of Education in Second Appeal No. CIC/DIRED/A/2018/622592, Date of Decision: 19.05.2020