You are on page 1of 4

CENTRAL INFORMATION COMMISSION

(Room No.315, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/AD/A/2013/000658-SA
( Ms. Sadhana Dixit Vs. Dte. Of Education)
Appellant : Ms. Sadhana Dixit
Respondent : Diretorate of Education, GNCTD, Delhi
Date of hearing : 19-05-2014
Date of decision : 29-05-2014
Information Commissioner : Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
Referred Sections : Sections 3, 19(3) of the
RTI Act
Result : Appeal allowed / disposed of
The appellant is present. The Public Authority is represented by Ms. Tara Walwekar,
DEO,Zone-21, Office of DDE, Distt. SW B Zone-21, GNCTD, New Delhi.
FACTS
2. The appellant submitted that through his RTI application dt. 17-9-12, she is seeking
copies of her appointment letter issued by Jindal Public School, staff statement of all the
employees, acquaintance roles (PBR), certified copy of her service book, etc. PIO replied on
1
19-10-2012 which was upheld by FAA by his order dt. 18-12-2012. Not satisfied with the
information, she filed 2
nd
appeal before this Commission.

Decision:
3. Heard the submissions. The appellant sought copy of her service book which is
maintained by the school and the school claims that it would not fall under RTI Act. The
respondent authority has provided the information which is available with them. On a query
asked by the Commission, the appellant stated that the school management was not
transparent and not ready to show the leave record of the teachers working there. They even
refused to give a copy of the appointment letter. That is why she has chosen to file an
application under the RTI Act. As an employee/former employee of the school, the appellant
has every right to information about her service book, leave record, appointment details and
any other information pertaining to her service. The Jindal Public School, whether it is a
public authority or private body, has a duty under sections 4 and 8 of Delhi
Education Act 1973, to abide by the regulatory conditions of service, payment of
salaries as prescribed, etc for which the school has to maintain the records, which
provide an inherent and implied right to information to their employees. Under Right
to Education Act 2009 also the recognized school is under an obligation to appoint eligible
teachers and provide them prescribed wages. This also reveals that it has given inherent right
to information to the teachers from their employers. If the appellant in her capacity as ex-
employee of the school has right to information under any legislation such as Delhi Education
Act, that will fall under the purview of section 2(f) of the RTI Act which gives the PIO,
Appellate authority and the Information Commissioner, power to enforce her right to
2
information. Hence, the school is directed to discharge their obligation under law by
furnishing the information sought by the appellant to the respondent authority, who in turn is
directed to provide the same to the appellant within 21 days from the date of receipt of this
order.
4. The appeal is disposed of accordingly.

(M. Sridhar Acharyulu)
Information Commissioner
Authenticated true copy
(Ashwani K. Sharma)
Designated Officer
Address of the parties:
1. The CPIO under RTI
Govt. of NCT of Delhi
O/o Dy.Director of Education, Dist. South West(B)
Najafgarh,
New Delhi
2. The PIO under RTI/Manager
Jindal Public School, Dashrathpuri,
3
Dwaraka-Palam Road
New Delhi-110045
3. Ms. Sadhana Dixit
RZ-F-14, Mahavir Enclave,
Street No.4, Palam Dahri Road
New Delhi-110045
4