ORDER

1. Deep Public School has filed the present writ petition impugning order of the Information Commissioner dated 7th November, 2008. By the said order, Director of Education, Government of NCT of Delhi has been directed to collect information from the petitioner and furnish the same to the information seeker, Ms. Sobha Upadhayay, respondent No. 4 herein. Ms. Sobha Upadhayay is a teacher in the petitioner school, who is presently under suspension and is facing enquiry proceedings.

2. The impugned order dated 7th November, 2008 suffers from two infirmities. Firstly, it is a non-speaking order and secondly the impugned order was passed without notice to the third parties, i.e. the petitioner and Ms. Sangeeta Paul, Principal of the petitioner school about whom certain information was sought by the respondent No. 4. On these two grounds, the impugned order cannot be sustained and has to be set aside. Reference in this regard can be made to Sections 11 and 19(4) of the Right to Information Act, 2005 (hereinafter referred to as the Act, for short). Normally, in such circumstances, the matter is required to be remanded back to the Information Commissioner for fresh adjudication in accordance with law. However, in the present case, learned counsel for the petitioner has drawn my attention to the application filed by Ms. Sobha Upadhyay dated 21st August, 2007, wherein the following information and details were asked for:-

“ 1. Statement of bank salary transaction records for payment of her salary w.e.f. 01.04.2005 till date and her salary slip may be supplied to discuss the matter with the Director of Education of delay in payment of salary every month.

2. Copy of her leave account, duly signed by Principal, w.e.f. her date of joining showing credit and debit of her leave in the leave record supported by leave applications.

3. Copy of leave account of all staff members showing leave record, duly signed by the Principal w.e.f. 01.01.2001 to till now showing leave credited in their leave account for further representation.

4. Copy of all documents (Certificate of Educational Qualifications and Experience Certificates) duly certified by the Principal, presented before the Regional Director for appointment of Mrs. Sangeeta Paul to the post of Principal to present this case to the Director of Education.”

3. Not satisfied with the information furnished by the Public Information Officer and the first appellate authority, the respondent No. 4, Ms. Sobha Upadhyay had filed a second appeal before the Central Information Commission. The Central Information Commission dismissed the said appeal filed by the respondent No. 4 vide order dated 27th March, 2008 recording as under:-

“2. The appellant had asked for details of her own salary and leave account which have been duly furnished to her. The details of leave of other colleagues and the records of educational qualification and experience of the Principal of the Deep Public School were however denied u/s 8(1)(j) of the Act.

3. In the course of hearing, the appellant alleged mal practices in the functioning of Deep Public School, including the issuance of a fake experience certificate to the Principal. She pleaded for access to all the certificates submitted by the Principal, with a view to exposing the corrupt practices of the School in selection and promotion of teachers. Decision:

4. An information seeker has a right to access the information/documents which are created and generated by a public authority so as to scrutinize the public action. He/she should not unnecessarily poach into the life of fellow citizens. In the instant case, denial of personal and official details of employees u/s 8(1)(j) of the Act is justified.“

4. The Central Information Commission in this order had given a clear finding that details of salary and leave account have been furnished to the respondent No. 4, but the petitioner does not have right to get personal details

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