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770/SIC-SK/2019 Date: - 17-12-2020

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770/SIC-SK/2019 Date: - 17-12-2020 Telangana State Information Commission (Under Right to Information Act, 2005) D.No.5-4-399, Samachara Hakku Bhavan (Old ACB Building), Mojam-jahi-Market, Hyderabad – 500001. Phone: 24740666 Fax: 24740592 Appeal No: 770/SIC-SK/2019 Date: - 17-12-2020 Appellant : Sri. Mohd Ashraf, H.No.1-16-176/3, Petrol Pump School Area, Sirpur-Kagaznagar, Komaram Bheem District – 504296. Respondents : Public Information Officer (U/RTI Act, 2005) O/o the District Collector, Mancherial District. First Appellate Authority (U/RTI Act, 2005) O/o the District Collector, Mancherial District. Order Sri. Mohd Ashraf, Komaram Bheem District has filed an appeal dated: 16-01-2019 which was received by this Commission on 21-10-2019 for not getting the information sought by him from the PIO / O/o the District Collector, Mancherial District and the First Appellate Authority / O/o the District Collector, Mancherial 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 u/s 6(1) of the RTI Act dated: 05-05-2018TSIC before the PIO requesting to furnish the below information: Stating that the appellant did not receive the required information from the PIO, he filed 1st appeal dated: 19-11-2018 before the First Appellate Authority u/s 19(1) of RTI Act 2005 requesting to take steps for furnishing the information sought by him. The First Appellate Authority also did not take any action on his first appeal. Hence, he preferred this 2nd appeal before this Commission requesting to direct the PIO to furnish the information sought by him u/s 19(3) of the RTI Act. The 2nd appeal was taken on file and notices were issued to both the parties for hearing on 17-12-2020. Note: This is system generated copy and no signature is required In view of the Covid -19 Pandemic, the cases are heard over phone on 17-12-2020 with prior intimation to the concerned parties. The appellant responded and stated that the PIO has not furnished the information. The PIO / Sri. Suresh, Administrative Officer, O/o the District Revenue Officer, Mancherial District responded and stated that vide letter No: A2/RTI/745/2018 dated: 24-05-2018 the application was forwarded u/s 6(3) of the RTI Act to all the Mandal Tahsildars of Mancherial District with a request to furnish the information to the appellant. The PIO filed a copy of letter before the Commission. Heard both the parties and perused the material papers available on record. The Commission observed that the appellant filed 6(1) application dated: 05-05-2018 seeking information relating to various Mandals in the Wanaparthy District. The PIO ought to have furnished the available & held information to the appellant and incase the information sought relates to more than one PIO, the PIO should have informed the appellant to file separate application before the concerned Public Authority. The action of the PIO is not in accordance to the provisions of the RTI Act 2005. The PIO in order to provide the information wasted lot of time by referring it to several PIOs with whom the information is available by which the purpose of furnishing the information in time i.e., within 30 days is defeated with reference to section 7(1) of the RTI Act. The Commission refers to the memo issued by the Government of India vide memorandum No: 10/2/2008-IR dated: 12-06-2008 by the Ministry of Personnel, Public Grievances & Pension Department of Personnel & Training, New Delhi. (Refer to page No: 77, 78 & 79 of the RTI Act 2005 for reference). The Commission directs the PIO to follow the procedure and to furnish the available and held information to the appellant immediately through registered post with acknowledgement due & to report compliance to the Commission and for the remainingTSIC information the appellant is advised to file separate application before the concerned Public Authority seeking specific information. With the above direction, the appeal is closed. SYED KHALEELULLAH STATE INFORMATION COMMISSIONER Authenticated by: Section Officer Copy to: SO / SF / OC Note: This is system generated copy and no signature is required.
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