TAMIL NADU INFORMATION COMMISSION Kamadhenu Super Market First Floor, Old No.278, New No.373, , , – 600018. Case No.33957/Enquiry/2009 Date of Hearing: 21st June, 2010 at Chennai

Present: Thiru G. Ramakrishnan, IAS (R) State Information Commissioner

Petitioner Thiru C.R. Vedagiri S/o. C.S. Radhakrishnan No.4, North Street Mangalam Thirukazhukundram Post Kancheepuram District-603 109

Public Authority The Public Information Officer Office of the Manager Municipal Office, GST Road Post & Taluk Chengalpattu ***

The petitioner was present. The Public Authority was represented by the Public Information Officer, Chengalpattu Municipality.

2. The petitioner has asked for certain information in his application dated 23-9-2009 addressed to the Public Information Officer, Chengalpattu Municipality. Not getting any information, the petitioner preferred appeal to the departmental appeallate authority on 29-10-2009. The Commissioner, Chengalpattu Municipality has sent a reply to the petitioner stating that he should approach the Tahsildar, Chengalpattu as the information is available only in the Taluk Office. Thereafter, the petitioner made another representation to the Commissioner, Chengalpattu Municipality on 29-7-2009 for which by a letter dated 4-11-2009, the Commissioner has replied to the petitioner stating that the information can be collected only from the Tahsildar or from the District Collector. The Public Information Officer, Chengalpattu Municipality has violated the provisions of the Act by directing the petitioner to approach the Tahsildar. on 22-10-2009. Strictly speaking under Section 6(3) of the Act, the Public Information Officer should have transmitted to the Tahsildar for supply of information under intimation to the petitioner which has not been done in this case. Therefore, the Public Information Officer is liable for action under Section 20(1) of the Act. The appeallate authority, who is the Commissioner has also not applied his mind properly in dealing with this petition. Therefore, the Public Information Officer is directed to explain within 15 days from the date of receipt of this order as to why the penalty prescribed under the Act should not be recovered from him and remitted to the Government Account. If the explanation is not received, the matter will be decided on merits. Similarly, the Commissioner, Chengalpattu Municipality is also directed to explain within 15 days from the receipt of this order as to why this case should not be recommended to the Commissioner of Municipal Administration, for taking disciplinary action for failure to deal with that the appeal petition in a proper manner as per the provisions of the Act.

3. The Public Information Officer is also directed to transmit the petition to the Tahsildar under Section 6(3) atleast now and ensure that the information is supplied to the petitioner wtihin 15 days from the receipt of this order.

STATE INFORMATION COMMISSION

Orders approved on this the 21st June, 2010, Under the Orders of the Commission

ASSISTANT REGISTRAR Case No.33957/2009 To The Public Information Officer Office of the Manager, Municipal Office, GST Road Chengalpattu Post & Taluk, Chengalpattu

Case No.33957/2009 To The Commissioner, Municipal Office, GST Road Chengalpattu Post & Taluk, Chengalpattu

Case No.33957/2009 To Thiru C.R. Vedagiri, S/o. C.S. Radhakrishnan No.4, North Street, Mangalam Thirukazhukundram Post, Kancheepuram District-603 109

Case No.33957/2009 To The Tahsildar, Taluk Office Chengalpattu Taluk, Chengalpattu