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Government of Andhra Pradesh

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Government of Andhra Pradesh 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: 040-24740107 (o); 040-24740592(f) Appeal No. 25793/CIC/2017 Dated: 22-10-2018 Appellant : Sri Lingidi: Venkateshwarlu, Suryapet District 508 213 Respondent : The Public: Information Officer (U/RTI Act, 2005) / O/o. the Gram Panchayath, Mothey Village, Mothey Mandal, Suryapet District The Appellate Authority (U/RTI Act, 2005) / O/o. the Mandal Parishad Development Officer, Mothey Mandal, Suryapet District O R D E R Sri Lingidi Venkateshwarlu, Suryapet District 508 213 has filed 2nd appeal dated 13-11- 2017 which was received by this Commission on 04-12-2017 for not getting the information sought by him from the PIO / O/o. the Gram Panchayath, Mothey Village, Mothey Mandal, Suryapet District and 1st Appellate Authority / O/o. the Mandal Parishad Development Officer, Mothey Mandal, Suryapet District 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 23-05-2017 before the PIO requesting to furnish the information under Sec.6(1) of the RTI Act, 2005, on the following points mentioned in his application: The Public Information Officer has informed to the appellant on 01-06-2017, Vide Lr.No.012/GP/2017 to pay Xerox charges of Rs.240/- for 120 pages @Rs.2/- by way of D.D for furnishing the sought information. Since the appellant did not receive the information from the Public Information Officer, he filed 1st appeal dated 26-09-2017 before the 1st Appellate Authority requesting him to furnish the information sought by him u/s 19(1) of the RTI Act, 2005. 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 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 u/s 19(3) of the RTI Act, 2005. The 2nd appeal was taken on file and notices were issued to both the parties for hearing on 22-10-2018. On 22-10-2018 the case is called. The appellant, Public Information Officer, O/o the Gram Panchayath, Mothey Village and First Appellate Authority, O/o the MPDO, Mothey Mandal are absent. A perusal of the record goes to show that the appellant herein filed 6(1) application dated 23.05.2017 requesting to furnish information on four points. The Public Information Officer Vide Lr.No.012/GP/2017 dated 01-06-2017 informed the appellant to pay Rs.240/- (i.e., @ Rs.2/- per page for 120 pages) for furnishing available information to the appellant. The appellant through letter dated 26.06.2017 requested the Public Information Officer to inform him the point wise number of pages so as to enable him to pay the requisite amount of Rs.240/-. As per Sec.7(3) (a) of RTI Act, 2005 “where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Public Information Officer, shall send an intimation to the person making the request, giving the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount”. In the instant case, the Public Information Officer vide letter dated 01.06.2017 informed the appellant to pay a consolidated an amount of Rs.240/- for furnishing available information of 120 pages for all four points but he did not give any calculations for arriving at the amount point wise. As the intimation to pay the requisite amount is within the stipulated time, the Commission directs the Public Information Officer to inform appellant the calculations point wise for arriving at the amount for 120 pages , and thereafter furnish the sought information to the appellant on payment of requisite amount and submit compliance report to the Commission. The Public Information Officer shall comply with the above directions within two weeks from the date of receipt of this order With the above direction, the appeal is closed. Issue show cause notice to the the Public Information Officer for not attending the hearing before the Commission. The action on the show cause notice shall be dealt with separately. Dr. Raja Sadaram Soma Chief Information Commissioner Authenticated by: Assistant Registrar Copy to: IT Section/SF.
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