State Information Commission (Under Right to Information Act, 2005) D.No.5-4-399, Samachara Hakku Bhavan (Old ACB Building), Mojam-jahi-Market, Hyderabad – 500 001 Phone: 24740666 Fax: 24740592

Appeal No: 6973/SIC-BM/2019 Date: 05-03-2020

Appellant : Sri. M. Sai Kumar, District.

Respondents : Public Information Officer (U/RTI Act, 2005) O/o the Municipal Commissioner, Jammikunta Municipality, Jammikunta, .

First Appellate Authority (U/RTI Act, 2005) O/o the Municipal Commissioner, Jammikunta Municipality, Jammikunta, Karimnagar District.

Order

Sri. M. Sai Kumar, Karimnagar District has filed an appeal dated: 19-06-2019 which was received by this Commission on 20-06-2019 for not getting the information sought by him from the PIO / O/o the Municipal Commissioner, Jammikunta Municipality, Jammikunta, Karimnagar District and the First Appellate Authority / O/o the Municipal Commissioner, Jammikunta Municipality, Jammikunta, Karimnagar 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, 2005 dated:TSIC 15-3-2019 before the PIO requesting to furnish the below information:

The PIO / O/o the Municipal Commissioner, Jammikunta Municipality, Jammikunta, Karimnagar District vide letter No: RTI/561/2019 dated: 15-03-2019 informed the appellant that the information cannot be accessed as per section 8(1)(h) of the RTI Act.

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Aggrieved with the reply from the PIO, the appellant filed 1st appeal dated: 08-05-2019 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 05-03-2020.

The case is called on 05-03-2020. The appellant is absent. Sri. R. Bhoopal Reddy, Manager is present and filed affidavit of the PIO / Smt. E. Vimala, Junior Accounts Officer, O/o the Municipal Commissioner, Jammikunta Municipality, Karimnagar District stating that vide letter No: RTI/561/2019 dated: 15-03-2019 the appellant was informed that the information sought cannot be furnished as per section 8(1)(h) of the RTI Act 2005 and filed the copy of the letter before the Commission.

The Commission observed that the action of the PIO in rejecting the information sought as per section 8(1)(h) is not acceptable.

The Commission directs the PIO to allow the appellant for verification of records on 20-03-2020 at 11:00 AM or any mutually convenient day and to provide the required information free of cost as per section 7(6) of RTI Act and report compliance to the Commission.

With the above direction, the appeal is closed.

TSIC BUDDHA MURALI STATE INFORMATION COMMISSIONER Authenticated by:

Section Officer Copy to: SO / SF / OC

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