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2022 Supreme(Online)(CIC) 11822

के቎ኚरीय सचू ना आयोग Central Information Commission बाबा गंगनाथ मागग, मनुनरका

Baba Gangnath Marg, Munirka नई निल्ली, New Delhi – 110067 निकायत संख्या / Complaint No. CIC/DIRED/C/2022/607956-UM Mr. Deepak Mishra …. निकायतकताग /Complainant VERSUS बनाम CPIO, Nodal Officer(RTI Cell) Directorate of Education, Rti Cell, Room No. 220, Old Secretariat, Delhi-110054 …. ्ऺनतवािीगण /Respondent Date of Hearing : 16.11.2022 Date of Decision : 22.11.2022
























ate of RTI application07-09-2021
CPIO’s response06-10-2021
Date of the First Appeal08-10-2021
First Appellate Authority’s response27-12-2021
Date of diarized receipt of Complaint by the Commission07-02-2022

O R D E R

FACTS The Complainant vide his RTI application sought information on 01 point, as under:-

The CPIO, Directorate of Education, vide letter dated 06-10-2021 furnished a reply to the Complainant. Dissatisfied with the reply received from the PIO, the Complainant filed a First Appeal. The FAA vide order dated 27-12-2021 directed the PIO to provide complete and correct revised reply.

Thereafter, the Complainant filed a Complaint before the Commission.

HEARING:

Facts emerging during the hearing:

The following were present:

Complainant: Present in Person Respondent: Mr. Ranjeet Singh DDE, Mr. S N Kumar S.O, Mr. Gyan Dev Jr. Astt. , Present in Person The Complainant while reiterating the contents of the RTI Application submitted that incomplete and wrong information has been furnished to him. He said that the correct information is of utmost importance as his sister might get selected for the post of TGT Hindi if the vacant post increases. Therefore he requested the Commission to treat his Complaint as a Second Appeal as a special case and direct the public authority to furnish complete information to him.

The Respondent denied the allegations levelled by the Complainant and said that the information provided is true as per the record.

The Complainant countered and said that the information is not in accordance with the annexure

2 of DoPT circular No.36039/1/2019.

DECISION:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission in response to the plea of the Complainant treats the complaint as a special case and directs the CPIO to either search and furnish correct point wise information to the Complainant strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 30 days from the date of receipt of this order under the intimation to the Commission. The Respondent may redact the personal details of the third parties.

If the CPIO is not able to give the correct, point wise and complete information he should furnish an affidavit to the Commission and a copy to the Complainant, explaining the factual position regarding the non-availability or confidentiality of the Information, strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 30 days from the date of receipt of this order under the intimation to the Commission. In the case of the CPIO filing a wrong affidavit, the Complainant will have the remedy to approach the court of law under the offence of perjury and contempt of the Commission.

The Complaint stands disposed accordingly.

(Uday Mahurkar) (उिय माहूरकर)

(Information Commissioner) (सचू ना आयु्ሹ)

Authenticated true copy (अनि्ऺमानणत एवं सत्यानित ्ऺनत) (R. K. Rao) (आर. के. राव)

(Dy. Registrar) (उि-िंजीयक)

011-26182598 / drtoic8@cic.nic.in निनांक / Date: 22.11.2022

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