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, – 500 001. Phone Nos: 040-24740107 (o); 040-24740592(f) Appeal No.1616 /CIC/2018 Dated: 17-4-2019 Appellant : Sri M.Bhupathi: Ramulu, Urban

Respondent : The Public: Information Officer (U/RTI Act, 2005) / O/o. the Gram Panchayath, Village, Jadcherla Mandal, Mahabubnagar District

The Appellate Authority (U/RTI Act, 2005) / O/o. the Mandal Parishad Development Officer, MPP-Jadcherla Mandal, Mahabubnagar District.

O R D E R

Sri M.Bhupathi Ramulu, has filed 2nd appeal dated 25-01-2018 which was received by this Commission on 29-01-2018 for not getting the information sought by him from the PIO / O/o. the Gram Panchayath, Jadcherla Village, Jadcherla Mandal, Mahabubnagar District and 1st Appellate Authority / O/o. the Mandal Parishad Development Officer, MPP- Jadcherla Mandal, Mahabubnagar 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 21-10-2017 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 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 16-12-2017 before the 1st Appellate Authority requesting him to furnish the information sought by him u/s 19(1) of the RTI Act, 2005.

As per the records the 1st Appellate Authority has not taken action to hear the appeal and pass appropriate orders.

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 17-4-2019.

On 17-4-2019 the case is called. The appellant is absent. The Public Information Officer, Panchayath Secretary, Jadcherla Village Gram Panchayath is present. The EO (PR&RD), O/o the MPDO, Jadcherla Mandal is present on behalf of the First Appellate Authority.

The Public Information Officer submitted that the 6(1) application said to have been filed by the appellant is not received in the Panchayath Office and there is no entry about the same in the RTI register. After receipt of TSIC notice along with copy of 6(1) application, the sought information is made ready and the same would be furnished to the appellant.

Heard the Public Information Officer and perused the records.

The Commission observed that the appellant has sent the 6(1) application to the Public Information Officer through Regd. Post and has filed proof of the same along with the second appeal filed before the Commission. The 6(1) application is dated 21.10.2017 and no information is furnished to the appellant even after a lapse of more than one year and no action is taken by the First Appellate Authority on the 1st appeal filed before him. The PIO further informed that no record was maintained of the applications received u/s 6(1) of RTI Act, 2005 which is a serious lapse.

The Commission directs the PIO to furnish the sought information to the appellant forthwith and submit acknowledgement to the Commission within one week from the date of receipt of this order.

With the above direction, the appeal is closed.

Issue show cause notice to the then Public Information Officer, Sri H. Surender presently working as Panchayath Secretary, Yenmangandla Gram Panchayath, Nawabpet Mandal for not furnishing the information to the appellant within the stipulated time and for not maintaining the record of 6(1) applications. 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