CENTRAL INFORMATION COMMISSION

Club Building, Opposite Ber Sarai Market,

Old JNU Campus, New Delhi - 110067.

Tel: +91-11-26161796

Decision No. CIC/SG/C/2010/000337/7381

Complaint No. CIC/SG/C/2010/000337

Complainant : Mr. Surender Kumar BD-49, Vishaka Enclave

Pitampura, Delhi-110088

Respondent : Public Information Officer Principal

Nava Hind Girls Sr. Sec. School

New Rohtak Road, Opp. Liberty Cinema

New Delhi

Sub: Allegations of not complying with the provisions of the RTI Act.

The Commission has received a letter from Mr. Surender Kumar in which he has stated that he filed a RTI Application with Dy. Director of Education, Dist. Central on 21/01/2010 seeking information with regard to the Nava Hind Girls Senior Secondary School. He further states that the RTI application had to be filed through the Dy. Director of Education since in earlier instances the Principal of the said school refused to accept his RTI Applications and First Appeals.

On perusal of the RTI application it has been observed that the Complainant had sought information with regard to certain details of organizational set up of the school. Information was also sought on the details of the PIO and FAA of the school in terms of when they could be visited by the public for submission of RTI applications and Appeals. The Complainant received a reply to his RTI Application dated 21/01/2009 vide the PIO/Principal's letter dated 03/02/2010. From the information provided vide the said letter it has been observed that the Principal has stated that the RTI Applications are received only on Saturdays for a period of 1 hour. The Complainant has written to the Commission bringing out these facts to express his dissatisfaction. In accordance with Section 18(1) of the Right to Information Act, 2005, the Commission has registered this letter as Complaint No. CIC/SG/C/2010/000337.

The school cannot adopt a procedure for accepting RTI Applications only on a particular day and for a particular time period. This is not in accordance with the provisions of the RTI Act. The Principal should ensure that RTI applications and First Appeals are received on a daily basis on all working days in the school. Where it is not possible for the Principal/Public Information Officer to look after the receipt of RTI Applications and First Appeals personally on a daily basis, he/she may appoint an APIO as per Section 5(2) of the RTI Act. Section 5(2) provides that a Public Authority may appoint an Assistant Public Information Officer whose duty is to forward RTI Applications to the PIO. Section 5(2) reads-

Section 5(2) Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith

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to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be:

In addition to this the Principal/Public Information Officer may designate any person (other than the APIO) to receive RTI applications and First Appeals on a daily basis and to forward it to the PIO for necessary action.

From the facts before the Commission it appears that the Principal/PIO of Nava Hind Girls Sr. Sec. School, New Rohtak Road has acted against the provisions of the RTI Act. The Head of the School is directed to ensure that appropriate procedures are put in place in the school for receiving RTI applications and First Appeals from applicants on all working days during the working hours.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi

Information Commissioner

07/04/2010

Encl: Copy of the Complaint dated 05/03/2010.

(In any correspondence on this decision, mention the complete decision number.)(SP)

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