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Telangana State Information Commission

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Telangana State Information Commission TELANGANA STATE INFORMATION COMMISSION (Under Right to Information Act, 2005) Samachara Hakku Bhavan, D.No.5-4-399, ‘4’ Storied Commercial Complex, Housing Board Building, Mojam Jahi Market, Hyderabad – 500 001. Phone Nos: 040-24740665 (o); 040-24740592(f) Appeal No.15604/SIC-KSR/2019 Dated: 15-12-2020 Appellant : Sri S. Anji Reddy, P.O ECIL Hyderabad-500 062. Respondents : The Public Information Officer (U/RTI Act, 2005) / O/o the Deputy Commissioner, Greater Hyderabad Municipal Corporation, Kapra, Circle-1, Hyderabad The Appellate Authority (U/RTI Act, 2005) / O/o the Zonal Commissioner, Greater Hyderabad Municipal Corporation, LB Nagar Zone, Gaddi Annaram, Hyderabad-500 060. O R D E R Sri S. Anji Reddy, P.O ECIL Hyderabad-500 062 has filed 2nd appeal dated 18-12-2019 which was received by this Commission on 27-12-2019 for not getting the information sought by him from the PIO / O/o the Deputy Commissioner, Greater Hyderabad Municipal Corporation, Kapra, Circle-1, Hyderabad and 1st Appellate Authority / O/o the Zonal Commissioner, Greater Hyderabad Municipal Corporation, LB Nagar Zone, Gaddi Annaram, Hyderabad-500 060. The brief facts of the case as per the appeal and other records received along with it are that the appellant herein filed an application dated 05-10-2019 before the PIO under Sec.6(1) of the RTI Act, 2005, requesting to furnish the information on the following points mentioned in his application: TSIC The Public Information Officer has not furnished the information to the appellant. Since the appellant did not receive the information from the Public Information Officer, he filed 1st appeal dated 17-11-2019 before the 1st Appellate Authority u/s 19(1) of the RTI Act, 2005 requesting him to furnish the information sought by him. The 1st Appellate Authority has not furnished the information to the Appellant. As the appellant did not get the information from the Public Information Officer / 1st Appellate Authority even after 30 days of filing his 1st appeal, he preferred this 2nd appeal before this Commission u/s 19(3) of the RTI Act, 2005 requesting to take action against the PIO and 1st Appellate Authority for not furnishing information sought by him and also to arrange to furnish the information sought by him. The Appeal was taken on file and the case is posted for hearing over phone on 03-11-2020. P.T.O Note: This is system generated copy and no signature is required ::2:: “On overview spread of COVID-19, the case is heard over phone on 03-11-2020. Both the parties are contacted on telephone. The Appellant and the representative of the Public Information Officer are heard. The Appellant submitted that so far he has not received any information from the Public Information Officer. The Commission directed to issue fresh notice to the Public Information Officer and appellant for next date of hearing.” The case was adjourned to 10-12-2020 and passed the following interim order. “The case is called on 10-12-2020. The Appellant is present. The Public Information Officer is absent. The First Appellate Authority is absent. The Appellant submitted that he has filed 6(1) application dated 05-10-2019 seeking information from the Public Information Officer to furnish certified copies of building permission. He also submitted that he has not received any information from the Public Information Officer. The Commission observed that there is complete negligence and laxity in the public authority in dealing with the RTI application. It is abundantly clear that such matters are being ignored and set aside without application of mind which reflects disrespect towards the RTI Act, 2005 itself. The Commission expressed its displeasure on the casual and callous approach adopted by the Public Information Officer in responding to the RTI applications. The Commission also warns the Public Information Officer for not attending the hearing and to strictly follow the provisions of the RTI Act, by timely furnishing the information hereafter with reference to Sec. 7(1) of the RTI Act. The respondents are however, cautioned to exercise due care in future to ensure that correct and complete information is furnished timely to the RTI applications as provision of the Act failing which penal proceedings under Section 20 shall be initiated. The Commission therefore instructs the Public Information Officer to Show Cause why action should not be taken under the provisions of the Act for not attending the hearing and negligence. The Commission therefore directs the Public Information Officer to furnish complete information to the appellant, within three days. In case, no reply is received within stipulated time period, it shall be presumed that the respondent has nothing more to say and the Commission would take a decision on its merits.” The case was again adjourned to 15-12-2020 for final orders. The case is called on 15-12-2020. The Appellant is present. The Public Information Officer/ Sri N. Shanker, Dy. Commissioner, Kapra is present. The First Appellate Authority is absent. The AppellantTSIC submitted that he has not received the certified copy of building permission in survey numbers 494 and 495 of Kapra Village pertaining to plot numbers 4, 5, 6(P) and 10(P) and from 11 to 15 in Netaji Co-operative Housing Society, including its registered sale documents. The Public Information Officer submitted that they have issued a reply vide letter No.216/KC/RTIA/TPS/GHMC/2019 dated 02-11-2020, that the said file is not readily traceable in their office. He also submitted that the appellant has given the survey number instead of file number and requested the commission to grant time for furnishing the information to the appellant. The contention of the Public Information Officer that the file is not traceable is not acceptable. The Commission directed the Public Information Officer to thoroughly verify the records and to furnish the sought information to the appellant, within two weeks from the date of receipt of this order and to report compliance to the Commission. With the above direction, the appeal is closed. Katta Shekar Reddy State Information Commissioner Authenticated by: Section Officer Copy to: - IT Section/SF Note: This is system generated copy and no signature is required TSIC Note: This is system generated copy and no signature is required.
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