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Estate Officer -I, HSVP, Sector- 14, Gurugram

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Estate Officer -I, HSVP, Sector- 14, Gurugram i r ) R I G H T T O INFORMATION STATE INFORMATION COMMISSION, HARYANA SCO NO.70-71, SECTOR 8-C, CHANDIGARH APPEAL CASE NO. 7008 and 7011 of 2018 RIGHT TO INFORMATION ACT -UNDER SECTION 19 (3) Relevant facts emerging from the appeal: Name of the appellant Sh. Aseem Takyar S/o Late Sh. R.C. Takyar, Plot No. 144, Phase - I, Udyog Vihar, Gurugram. Name of the Respondents 1. State Public Information Officer- cum -Estate Officer -I, HSVP, Sector- 14, Gurugram. 2. State Public Information Officer- cum -Estate Officer -II, HSVP, Sector 34, Gurugram. 3. First Appellate Authority -cum- Administrator, HSVP, Sector -14, Gurugram. Particulars of appeals 7008/2018 7011 of 2018 Rh -application filed on 09.02.2018 09.02.2018 SPIO replied on 05.07.2018 Not responded First appeal filed on 18.04.2018 19.04.2018 First Appeal decided on _ ..Not decided Not decided 2 nd appeal filed on 1- 1-)v , 15 072018r,.. 18.07.2018 Date of hearing 1 " - - 21.11:2018(Camp at Gurugram) Chief Information Commissioner Shri Yash Pal rSin§alp Presence Shri Raj Kumar on behalrof appellant; Shri Ram Kumar, Dy.SuPdt./0/o EO-I; Shri Suresh Chander, Assistant,Zgo EO-II 7These matters came up for hearing before the Comrril ipn on the ground that the respondent SPIO has not furnished inforTation it , ,,-.--t ndespite the directions of the First Appellate Authority (hencerorth, called FAA). Since, the subject matter of the sought information is same and the information has been sought from the respondents of the same public authority, hence the Commission decided to club both the appeals avoiding multiple proceedings. 2. Shri Raj Kumar represented the appellant. He submitted that the appellant had addressed two RTI applications dated 09.02.2018 to the 1 7008 and 7011 of 2018 1-4D R I G H T T O INFORMATION SPIO-cum-Superintendent, Estate Office -I and the SPIO-cum- Superintendent, Estate Office -II, HSVP, Gurugram and requested to furnish following information pertaining to their offices:— (I) Total seats in Private Schools remain empty for EWS, BPL students during academic session 2016-2017. (ii) Total seats in Private Schools remain empty for EWS, BPL students during academic session 2017-2018. (iii) Further to question No. (i) and (ii), total seats given to General Category out of the quota of EWS, BPL Category. The respondent SPIOs did not furnish information within the stipulated period. Therefore, first appeals dated 18.04.2018 and 19.04.2018, in each case respectively, were preferred with the FAA -cum- Administrator, HSVP, Gurugram. The FAA disposed of the appeal on 08.05.2018 directirpg-:tha&,. respondentaSpIcs, to furnish information e \' ••• • \!,t ; ' within ten daysNAggrieved by the non-receipt cifTa'ny response from 4 0 PN-4' the SPIOs, second appeals dated 15.07.2018 and 186742018 have been 'filed with the Commission to seek vdfri, enh IY Taking AN7 A„ cognizance, the Commission issued notice dated 12.09.2018 directing Cc7 5? Me respondent SPIOs to submit comments latest by 10.10.20f82and n e personally present before the Commission on •the date fixOpfor hearing. The representative of the appellant submitted that sought information is yet to be received from both the respondent SPIOs. He submitted that he had sought information in public interest and in order to extend benefit of Government scheme to vulnerable sections 2 7008 and 7011 of 2018 CD R I G H T T O M INFORMATION of the society and requested to direct the concerned SPIOs to furnish the requisite information without any further delay. 3. Shri Ram Kumar, Deputy Superintendent represented the respondent SPIO-cum-Estate Officer -I and submitted his comments dated 20.11.2018 which are taken on record. The respondent SPIO submitted that appellant's RTI application was received on 13.02.2018. The contents of information sought were perused and found that it is not being maintained in the office of the answering respondent in compiled manner. Accordingly, the appellant was informed vide letter dated 05.07.2018. 4. Shri Suresh Chander, Assistant represented the SPIO-cum- Estate Officer -II submittecrthaqeglierriSe? to RTI application dated "10 n 09.02.2018 isTyeko'be furnished to the appe(la'rit.6)/, 5. The Commission notes with concern that the FAApiitthe present f ' e /e Q case, failed to exercise the quasi judicial powers since ther preferred ftr5.,t appeals dated 18.04.2018 and 19.04.2018 remained unattended r eTd with him. The FAA, being a quasi judicial body, should have gone-into CIspects like whether the SPIO has provided reply or not and wtper the information is permissible under the provision of the Act etc. while disposing of the appeal. The Commission, therefore, cautions the FAA, to strictly follow the RTI Act and Rules while disposing of appeals and pass a speaking order, after taking due cognizance of the merits of each case. 3 7008 and 7011 of 2018 R I G H T T O IMINFORMATION 6. The Commission carefully considered the matter and perused the record available in case file. The averments submitted by the representative of the respondent-SPIO have been noted. Appellant while submitting second appeals in the Commission has agitated non- furnishing of information which he had sought vide Rh I application dated 09.02.2018 submitted with the SPIO-cum-Estate Officer -I and SPIO-cum-Estate Officer -II, HSVP, Gurugram. He further agitated that the respondent SPIOs are violating provision made in Section 4 of the Act. The Commission noted the submissions made by the respondent- SPIOs that information sought is not readily available to share with the appellant. The Comrrii8Sioft,dunng117eariqg appellant's appeal case g no. 2978 of 2,1givon0 08.06.2017 perused the terns and conditions on „ V which the land was allotted to establish schools in the:Jurisdiction of c ) -3v Estate' Officer -I and Estate Officer -II, HSVP, Gurugram. 'iAitcopy of (.1 afiptment letter dated 12.04.2007 was perused. Clause 23 and -Clause9 -24 of the allotment letter reads as under: 1J• Clause 23 -"the Education Societies/institutions/trusts vii should reserve 10% seats in the School for students belonging to economically weaker sections of the society and the same fee will charged from students as it charged by Government Schools and the fee structure will have to be got approved from the competent authority. Further, 10% seats in the schools should also be reserved for those students in respect of whom the fee will be determined on the basis of means and merit of individual case". 4 7008 and 7011 of 2018 R I G H T T O r; INFORMATION Clause 24- "the management committee of the school shall have one representative of HUDA as its member". The Commission, in this regard, has perused the provision made in sub section (a) of Section 4 (1) of the Act which provides that every public authority shall — (a) "maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated"; Further, Section 4 (1) (b) mandates to publish within one hundred and twenty days from the enactment of this Act,— xxxxx xxxxx r \ 12. - „:„ (Xi i ) -the.'manner of execution of subsikpcogrammes, (6V orc1 uding the amounts allocated and-tpedetails of 4 k - I beneficiaries of such programmes; SOY, V(xiii) particulars of recipients of concessions, perfnits or authorizations granted by it". v xxxxxxxxxxxxxxxxxxxxxx Z c *7 -1 CO. The. preamble to the Act declares the object sought to be achieved by the RTI Act thus: "An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, - - - - - - - - - - - - - - - - - - - - - - - - And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption 5 7008 and 7011 of 2018 41111 1 1 E ) R I G H T T O INFORMATION and to hold Government and their instrumentalities accountable to the governed - - - - - - - - - - - - - - - RTI Act was enacted in order to ensure smoother, greater and more effective access to information and provide an effective framework for effectuating the right of information recognized under Article 19 of the Constitution. Honible Apex Court in Kochuni vs. State of Madras and Kerala, (1960) 2 SCA 412 has held that preamble is a key to the understanding of the Act as under: The preamble of a statute is 'a key to the understanding of it' and it may legitimately be consulted to solve an ambiguity which may have more than one, or to keep the effect of the statute within its real scope, whenever the enacting part is in any of these respects Open toV;;Iibricr,Wil 41;4 t o r , (\IA Thoughlthe)words used in Section 4 (1)/((x9) are manner of 40.11\t ' "n/V execution of subsidy programmes yet in view of legaki5bsition cited E,i f above;eoh the Commission is of the opinion that such like '\,) welfare P V I t , schemes prepared by the State Government is also covered under ,Section 4 (1) (xii) of the RTI Act and must be published. *- In view of the terms and conditions settled with7the trusts/organizations/societies/companies etc.
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