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Rabindra Prasad vs Titagarh Anglo Vernacular High School - West

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Rabindra Prasad vs Titagarh Anglo Vernacular High School - West Powered By Docstoc
					               WEST BENGAL INFORMATION COMMISSION
                     Bhabani Bhaban (2nd Floor), Alipore
                             Kolkata -700 027
                          Telefax(033)2479-1966
                       Website : www.wbic.gov.in
                        E-mail    : scic-wb@nic.in

                             Sri Rabindra Prasad
                                     -Vs-
                             Teacher – in - Charge
                    Titagarh Anglo Vernacular High School

                                      Order
Facts on record:

          Sri Rabindra Prasad and other two applicants submitted one RTI application dated
11.11.2008 to the D.I. of schools (S.E.), Barrackpore, North 24 Parganas seeking the
following information:-
   i)       Xerox / Photostat copies of all the Passbooks / Bank statements relating to all the
            subsidiary accounts (like Developments fund, Game fund Library fund, Magazine
            fund, Examination fund, Electricity fund, General fund, Sarba Siksha Abhijan
            Account fund, Building fund, Donation fund etc.) of Titagarh Anglo Vernacular
            High School for the period from 1st April, 1999 to 31.10.2008 duly authenticated.
   ii)      Xerox / Photostat copies of all the subsidiary and other books of accounts
            (Development fund, Game fund, Library fund, Magazine fund, Examination fund,
            Fan and Electricity fund, Sarva Siksha Abhijan, Govt. grants from SSA, Donation
            fund, Practical fees fund / accounts etc.) including the cash book of the said
            school from 1.4.1999 to 31.10.2008 duly authenticated.
   iii)     Xerox / Photostat copies of all the bills, vouchers, cash memos and their relevant
            supporting documents and evidences pertaining to the aforesaid all subsidiary
            accounts and general cash book as stated in item no. 2 above of the said school
            from 1.4.1999 to 31.10.2008 duly authenticated.
   iv)      Xerox copies of all the pages containing / recording the proceedings / resolutions
            of all the meetings of the Ad hoc Committee and Managing Committee of the said
            school from 1.9.1999 to 31.10.2008 duly attested.
     v)      Xerox / Photostat copies of the audit reports of the said school relating to the
             financial year 1999 – 2000 to 2007 – 2008.
2.        The D.I. of Schools (S.E.), Barrackpore, North 24 Parganas vide his memo No. 461/D
dated 1.12.2008 forwarded the said RTI application to the Teacher – in – Charge, Titagarh
Anglo Vernacular High School for taking necessary action in accordance with law.
3.        Sri Rabindra Prasad preferred 1st appeal u/s 19(1) of the Act on 27.1.2009 before the
Joint Secretary & Appellate Authority, School Education Department as no information was
furnished to him.
4.        The Joint Secretary, School Education Department took a hearing on 6.3.2009 and
communicated his order vide memo No. 36(2)-SE (Estt.)/RTI/JS/KM/09 dated 23.3.2009 by
stating as follows:-
          “It is decided that the relevant information as sought for by the appellant Sri Rabindra
Prasad should be supplied to him within next 15 days from the date of communication of this
order / decision unless the information is exempted from any of the reasons specified in
Section 8 and 9 of the RTI Act”.
5.        The D.I. of Schools (S.E.), Barrackpore, North 24 Parganas vide his memo No. 5711
dated 28.4.2009 communicated the said order of the Appellate Authority, School Education
Department to the Teacher-in-Charge of the said school and requested him to supply the
relevant authenticated information to Sri Prasad within 7 days.
6.        But no information was furnished to Sri Prasad, as a result of which Sri Prasad
preferred 2nd appeal u/s 19(3) of the Act before the Commission.
7.        The Commission issued a show-cause notice vide its no. 1829-WBIC/RTI/659/09
dated 28.8.2009 to the Teacher-in-Charge of the said school for non-compliance of the order
of the 1st Appellate Authority.
8.        The Teacher-in-Charge of the said school vide his letter dated 23.9.2009 has informed
the Commission that they have not received any letter / order from the applicant and / or the
D.I. of Schools (S.E.), North 24 Parganas on the matter. He has further informed that the
information sought for are based on voluminous papers and documents and Sri Prasad may
take information from the school office. The Teacher-in-Charge has further stated that no
outsider will be allowed to go into the records alongwith Sri Prasad.
Order:


9.           It is amazing to note that Teacher-in-Charge of Titagarh Anglo Vernacular High
School did receive the notice of the Commission addressed to him vide no. 1829-
WBIC/RTI/659/09 dated 28.8.2009 but claimed not to have received the original RTI
application of Sri Rabindra Prasad & Others and the communication made by the D.I. (S.E.),
Barrackpore, North 24 Parganas in this regard, though all the letters were sent to the identical
address. Such a statement, the Commission doubts, borders truth.
10.          Be that as it may, admitting the contention of the Teacher-in-Charge, the Commission
does not find any reason in denying furnishing of information.
11.          At the same time the Commission has taken into consideration the plea of the Teacher-
in-Charge, the information sought for is voluminous running into 12-14 thousand pages which
is well nigh impossible to get those papers photocopied and furnished.
12.          But the Commission rejects the plea that only Sri Prasad would be allowed to go into
the records and nobody else. If there is an apprehension of breach of peace during inspection,
the school authority may take the help of police.
13.          Considering all aspects involved in the case the Commission orders as follows:-

      i)        The Teacher-in-Charge of Titagarh Anglo Vernacular High School shall within a
                fortnight from the date of receipt of this order allow Sri Rabindra Prasad and two
                of his associates to inspect the relevant records on a mutually agreed predetermined
                date provided that no such information has been expressly forbidden to publish by
                a court of law or disclosure of such information may constitute contempt of court.
      ii)       Sri Rabindra Prasad shall intimate the school authority in advance full names and
                addresses of his two associates who would accompany him for such inspection if
                he desires such assistance.
      iii)      Sri Prasad may, after the inspection is complete may indicate in writing to the
                Teacher-in-Charge the specific papers whose copies he desires to get and the
                Teacher-in-Charge would charge Rs. 2/- (per page A-4 or A-3 size paper) or the
                actual cost of copying of those papers and Sri Prasad would liable to pay the same
                before getting the photocopies.
   iv)    Officer-in-Charge, Titagarh Police Station shall render all assistance to the
          Teacher-in-Charge or the school authority if they seek such assistance for
          maintenance of peace and security at the time of inspection.



                                                                   Sd/-
Date: 21.10.2009                                         (Arun Kumar Bhattacharya)
                                                  State Chief Information Commissioner

No.2150 (3)(Order)-WBIC/RTI/659/09                                       Date: 22.10.2009

   Authenticated true copy forwarded to:

   1.     Sri Rabindra Prasad, H/o Bhola Nath Shaw, 27/23, R.P. Gupta Path, Near Anglo
          Vernacular High School, P.O. Titagarh, PIN-700119.

   2.     The Teacher-in-Charge, Titagarh Anglo Vernacular High School, Titagarh,
          Kolkata – 700119.

   3.     The Officer-in-Charge, Titagarh Police Station, P.O. Titagarh, Kolkata-700119.



                                                      Secretary & Acting Registrar
                                                   West Bengal Information Commission

				
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