TAMILNADU INFORMATION COMMISSION No.2, Thiyagaraya Road, , 600 018. Tel: 24357580

DATE OF ORDER – 17.07.2014

PRESENT

Thiru S.F. AKBAR, B.Sc. B.L., STATE INFORMATION COMMISSIONER

Case No. 28581/Enquiry/A/2012 (2573/A/2013)

Thiru S.D.Joseph, Plot No.8, Door No.1/456, .. APPELLANT Natco Colony West Street, , Chennai-41

The Public Information Officer / .. PUBLIC AUTHORITY Headquarters Deputy Tahsildar, Taluk Office, Sholinganallur, Kancheepuram District.

---- ORDER

The appellant Thiru S.D.Joseph is present. The Public Authority is represented by Thiru G.R.Janardhanan, Deputy Tahsildar (Elections), Sholinganallur Taluk Office, Sholinganallur. 2. The appellant is the Secretary of the NATCO Colony Residents Welfare Association, Kottivakkam, Chennai-41. In the R.T.I. Petition dated 02.04.2012 filed under Section 6(1) of the Right to Information Act, 2005, the appellant is asking for 2 information in regard to certain encroachment in NATCO Colony, Kottivakkam, Chennai- 41. No reply has been sent by the Public Authority. He preferred a First Appeal under Section 19(1) of the RTI Act to the District Collector, Kancheepuram. The Appellate Authority has written to the PIO calling upon him to furnish the requisite information within the statutory period and report compliance. The Appellate Authority has cautioned the PIO that in case of delay, the responsibility would be fastened on the PIO himself. The PIO did not pay any heed to the First Appellate Authority. This was followed by a Second Appeal under Section 19(3) of the Act to this Commission in which this Commission by its order dated 13.09.2012 directed the PIO to supply the information to the petitioner and report compliance by 28.09.2012. 3. It is unfortunate that even a direction of this Commission did not serve as an eye-opener and the PIO continued to be indolent and irresponsible and the information have not been furnished to the appellant yet. The conduct of the PIO would amount to defeating the very object of the provisions of the RTI Act 2005. The PIO who is present for today’s enquiry undertakes to furnish the information within one week from the date of receipt of this order. He shall comply with this undertaking without fail. In as much as there is failure on the part of the PIO to furnish information and perform his statutory duty, the PIO is duty bound to explain as to why the penal provisions of the RTI Act should not be invoked against him. For today’s enquiry, the representative of the PIO, who is the Deputy Tahsildar (Elections) has come without the relevant file. He is not in a position to say anything about the case which has been taken up for enquiry today. He is empty handed and he is of no assistance to this Commission in the disposal of this case. This conduct deserves to be condemned in no uncertain terms. This Commission expresses its utmost displeasure. A copy of this order may be communicated to the District Collector, Kancheepuram for necessary action. 4. This Commission after examining the materials on record would only come to a conclusion that both the PIO and the Tahsildar, Sholinganallur Taluk Office have omitted to perform their duty promptly realizing the responsibilities cast on them by law. Their approach could only be labeled as abdication of their statutory responsibility 3 of furnishing information. This Commission is impelled in the facts and circumstances of the case to call upon both of them to explain as to why the penal provisions of the RTI Act viz. 20(1) and 20(2) should not be invoked against them. As such, the Public Information Officer who is the Headquarters Deputy Tahsildar and Tahsildar, Sholinganallur Taluk Office are called upon to explain as to why a maximum penalty of Rs.25,000/- should not be imposed on them for their casual attitude resulting in failure in complying with the provisions of the RTI Act. They are also called upon to explain as to why disciplinary action should not be initiated under Section 20(2) of the RTI Act for their continued lapses stated supra. This appeal is ordered in the above terms. Sd/- (S.F.AKBAR) STATE INFORMATION COMMISSIONER

(BY ORDER OF THE COMMISSION)

ASSISTANT REGISTRAR

Case No. 28581/Enquiry/A/2012 (2573/A/2013)

To

PUBLIC AUTHORITY :

The Public Information Officer/ Headquarters Deputy Tahsildar, Sholinganallur Taluk Office, Sholinganallur, Kancheepuram District.

The Appellate Authority/ The Tahsildar Sholinganallur Taluk Office, Sholinganallur, Kancheepuram District.

4

The District Collector, Kancheepuram Collectorate, Kancheepuram.

APPELLANT:

Thiru S.D.Joseph, Plot No.8, Door No.1/456, Natco Colony West Street, Kottivakkam, Chennai-41

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