RTI Application : How 150000 Posts of Teacher Vaccancy filled in UP

RTI Application : How 150000 Posts of Teacher Vaccancy filled in UP

CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2010/000613/13446
Complaint No. CIC/SG/C/2010/000613
Relevant Facts emerging from the Complaint:
Complainant : Mr. Hariom Sharma
H.No.49/6, Sanik Colony
Kaserukheda, Meerut Cantt.
Uttar Pradesh
Respondent : Mrs. Reetu Singh
Public Information Officer & Under Secretary
North Regional Committee National Council for Teacher Education
A-46 Shanti Path, Tilak Nagar,
Jaipur, Rajasthan RTI application filed on : 01/01/2010
PIO replied : 09/02/2010
Complaint received on : 06/05/2010
Information sought:-
The appellant wants the following information:-
1. Under which U.P. Rule/Bye law, direction was given by you for 88000 senior B.T.C. in regard to
appointment of senior teachers.
2. Why stay is ordered by you (U.P. government) for vacancy of 66000 Senior B.T.C. Primary Teachers?

provide information with details
3. At present there is vacancy of 1,50,000 primary teachers. how these vacancies can be filled?
4. Through regular B.T.C. 14,000 teachers, get ready by training within 2 year. Then how vacancy of
1,50,000 post can be filled immediately.
5. without selection by B.T.C. how the policy of “Sarv Siksha Abhiyan” can be made successful.
Ground of the Complaint: The complainant is not satisfied with the information received from PIO and hence the complaint.

Reply from PIO:-
You can seek information from concerned state government’s educational department.

Relevant Facts emerging during Hearing:
The following were present
Complainant: Mr. Hariom Sharma;
Respondent : Mrs. Reetu Singh, Public Information Officer & Under Secretary;
The PIO admits that information on query-1 & 2 would be available with the Department. There is no apparent reasons as to why this information was not provided by the then PIO Ms. Nalini Rajotya.
Decision:The complaint is allowed.

The present PIO Mrs. Reetu Singh is directed to provide the information to the Complainant on query-1 & 2 as per available record before 30 July 2011.

The issue before the Commission is of not supplying the complete, required information by the then
PIO Ms. Nalini Rajotya within 30 days as required by the law.
From the facts before the Commission it is apparent that the then PIO is guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. It appears that the then PIO’s actions attract the penal provisions of Section 20 (1). A show cause notice is being issued to her, and she is directed give her reasons to the  Commission to show cause why penalty should not be levied on her.
The then PIO Ms. Nalini Rajotya will present herself before the Commission at the above address on
11 July 2011 at 2.30am alongwith her written submissions showing cause why penalty should not be
imposed on her as mandated under Section 20 (1). She will also submit proof of having given the
information to the appellant.

If there are other persons responsible for the delay in providing the information to the Appellant the PIO is directed to inform such persons of the show cause hearing and direct them to appear before the Commission with her.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
14 July 2011
(In any correspondence on this decision, mention the complete decision number.)(SH)
Copy to the then PIO Ms. Nalini Rajotya through Mrs. Reetu Singh present PIO;

Source : http://rti.india.gov.in/cic_decisions/CIC_SG_C_2010_000613_13446_M_60638.pdf
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Show cause notice served to PIO for delay /not replying to applicant. And  notice isued to present herself along with the employees who are responsible towards not provideing information within due timeframe.