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.15747/CIC-(peshi-2)/2018 Dated:02-03-2020

Appellant : Sri Marasakatla Sarath Babu, Bhadradri District-507101.

Respondent : The Public Information Officer (U/RTI Act,2005) / O/o The Tahsildar, Karepalli Mandal, Bhadradri Kothagudem District-507101.

The First Appellate Authority (U/RTI Act, 2005) / O/o The District Collector, Khammam Division, -507101.

O R D E R

Sri Marasakatla Sarath Babu, R/o Bhadradri Kothagudem District filed 2nd appeal dated 26-11-2018 which was received by this Commission on 28-11-2018 for not getting the information sought by him from the PIO / O/o The Tahsildar, Karepalli Mandal, Bhadradri Kothagudem District-507101 and 1st Appellate Authority / O/o The District Collector, Khammam Division, Khammam District-507101.

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 03-01-2018 under Sec.6(1) of the RTI Act, 2005, before the PIOTSIC seeking the following information:

The Public Information Officer has not furnished the sought information to the appellant. Since the appellant did not receive the information from the Public Information Officer, he filed 1st appeal dated 05-03-2018 before the 1st Appellate Authority requesting him to furnish the information sought. As per the records enclosed it is noticed that the 1st Appellate Authority had failed to hear the case and pass appropriate orders on the 1st appeal filed before him. As the appellant did not get information from the Public Information Officer, he preferred this 2nd appeal before this Commission requesting to arrange to furnish the information sought by him.

The 2nd appeal was taken on file and notices were issued to both the parties for hearing on 02-03-2020.

On 02-03-2020 the case is called.

Note: This is system generated copy and no signature is required. The appellant is present. The representative of the Public Information Officer, A. Sudheer Babu, Senior Assistant, O/o the Tahsildar, Karepalli Mandal is present.

The appellant submitted that he did not receive the sought information from the Public Information Officer.

The representative of the Public Information Officer submitted that the appellant is seeking copy of the report of enquiry ordered by the Revenue Divisional Officer, Kothagudem on 22-08-2016. The same is not traced out and requested two days time to furnish the information.

It would be relevant at this juncture to refer to the decision of the Hon’ble High Court of Delhi in UNION OF VS. VISHWAS BHAMBURKAR on 13th September, 2013 wherein the Hon’ble High Court at para 7 of its judgment observed thus:-

“This can hardly be disputed that if certain information is available with a public authority, that information must necessarily be shared with the applicant under the Act unless such information is exempted from disclosure under one or more provisions of the Act. It is not uncommon in the government departments to evade disclosure of the information taking the standard plea that the information sought by the applicant is not available. Ordinarily, the information which at some point of time or the other was available in the records of the government, should continue to be available with the concerned departments unless it has been destroyed in accordance with the rules framed by that department for destruction of old record. Therefore, whenever an information is sought and it is not readily available, a thorough attempt needs to be made to search and locate the information wherever it may be available.”

The Commission directed the Public Information Officer to make a thorough search and furnish the sought information to the appellant within two days and submit compliance report to the Commission.

With theTSIC above direction, the appeal is closed.

Dr. Raja Sadaram Soma Chief Information Commissioner Authenticated by:

Section Officer Copy to: IT Section/SF

Note: This is system generated copy and no signature is required.