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10319/SIC-KSR/2019 Dated: 19-04-2021

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10319/SIC-KSR/2019 Dated: 19-04-2021 ::3:: TELANGANA 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, Hyderabad – 500 001. Phone Nos: 040-24740665 (o); 040-24740592(f) Appeal No.10319/SIC-KSR/2019 Dated: 19-04-2021 Complainant : Sri B. Venkat Narsi Reddy, Suryapet District. Respondents : 1.The Public Information Officer (U/RTI Act, 2005) / O/o. The District Panchayatr Officer, Suryapet. 2.The Public Information Officer (U/RTI Act, 2005) / The Extension Officer, O/o The Mandal Parishad Development Officer, MPP, Mellacheruvu Mandal, Suryapet District 3.The Public Information Officer (U/RTI Act, 2005) / The Extension Officer, O/o The Mandal Parishad Development Officer, MPP, Penpahad Mandal, Suryapet District. O R D E R Sri B. Venkat Narsi Reddy, Suryapet District has filed a Complaint dated 05-09-2019 which was received by this Commission on 05-09-2019 for not getting the information sought by him from the Public Information Officer-1 / The Extension Officer, O/o The Mandal Parishad Development Officer, MPP, Mellacheruvu Mandal, Suryapet District Public Information Officer-2 / The Extension Officer, O/o The Mandal Parishad Development Officer, MPP, Penpahad Mandal, Suryapet District. The brief facts of the case as per the Complaint and other records received along with it are that the Complainant herein filed an application dated 16-08-2018 before the PIO under Sec.6(1) of the RTI Act, 2005, requesting to furnish the information on the following points mentioned in his application annexed. TSIC The Public Information Officer/District Panchayat Officer, Suryapet has transferred the RTI application U/s.6(3) of the RTI Act,2005 vide letter No.409/2018-B3(Panchayat) dated 30-08-2018 to the Public Information Officer-1 / The Extension Officer, O/o The Mandal Parishad Development Officer, MPP, Mellacheruvu Mandal, Suryapet District Public Information Officer-2 / The Extension Officer, O/o The Mandal Parishad Development Officer, MPP, Penpahad Mandal, Suryapet District. As the Complainant did not receive the required information from the PIO even after 30 days of filing his application, he preferred this Complaint before the Commission u/s 18(1) of the RTI Act, 2005 requesting to arrange to furnish the information sought by him. The Complainant was taken on file and the case is posted for hearing on 20-10-2020. P.T.O ::2:: “The case is called on 20-10-2020. The Complainant is present. The Public Information Officer-1/ Sri K. Jagadeesh Kumar, MPO is present. The Public Information Officer-2/ Sri T.Anjaneyulu, MPO is present. The Complainant submitted that he has not received any information from the Public Information Officer. The Public Information Officer-1 submitted that after receiving notice from the Commission, he was aware of this RTI application. He also requested the Commission to grant time for furnishing the information.” The case was adjourned to 10-12-2020. “The case is called on 10-12-2020. The Complainant is present. The Public Information Officer - 1/ Sri N.Yadaiah, District Panchayat Officer is present. The Public Information Officer-2 is absent. Sri SK. Saidulu Panchayat Secretary, Mellacheruvu Mandal is present on behalf of the Public Information Officer. The Public Information Officer-3/ Sri T.Anjaneyulu, Mandal Panchayt Officer, Penpahad Mandal is present. The Complainant submitted that he has filed 6(1) application dated 16-08-2018 before the Public Information Officer. He also submitted that he has not received the sought information from the Public Information Officer. He also requested the Commission to furnish the enquiry report of Srujan Kumar. The Public Information Officer-1 that he has transferred the RTI application to the Public Information Officer/O/o. The MPDO, Mellacheruvu Mandal and Public Information Officer/O/o. The MPDO, Penpahad Mandal vide letter No. 409/2018-B3 dated 30-08-2018, for furnishing the information to the appellant. The representative of the Public Information Officer-2 submitted that The Panchayat Secretary, Dondapadu Mandal furnished a reply to the Mandal Panchayat Officer, Chinthalapalem vide letter No. GPD/29/2020 dated 02-12-2020. He also submitted that 1999-2000 and 2015-16 revision records were furnished to the appellant. The Commission observed that only revision records are received to the appellant. The Commission directed the Public Information Officer-1 to furnish the enquiry report of Srujan Kumar to the Complainant. The case was adjourned to 10-03-2021. “The case is called on 10-03-2021. The Complainant is present. The Public Information Officer is absent. Sri E. Pavan Kumar, Bill Collector is present on behalf of the Public Information Officer. TSIC The Complainant submitted that he has received only part information from the Public Information Officer. The representative of the Public Information Officer submitted that vide letter No.409/2018-B5 (pts) dated 11-12-2020, the enquiry report of Extension Officer(PR&RD) Penpahad Mandal is not available in their office. The Commission observed that the submission of the Public Information Officer that the file is not traceable is not acceptable and directed the Public Information Officer to make thorough search and furnish the sought information to the complainant, within two weeks from the date of receipt of this order.” The case was adjourned to 19-04-2021 On overview spread of COVID-19, the case is heard over phone on 19-04-2021. Both the parties are contacted on telephone. The Complainant has not responded and the Public Information Officer is heard. The Complainant when contacted there was no response. P.T.O ::3:: The Public Information Officer submitted that as per directions of the Commission, the enquiry report of Extension Officer (PR&RD), Penpahad Mandal was once again verified in their office, but the sought report was not traced out. He also submitted that the enquiry report of Extension Officer (PR&RD), Penpahad Mandal was not submitted the enquiry report to their office and the same fact was informed to the complainant vide letter No.409/2018-B5(Pts) dated 17-04-2021. The Commission observed that under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record. Since factual reply is furnished, the complaint is closed. Katta Shekar Reddy State Information Commissioner Authenticated by: Section Officer Coy to: - IT Section/SF TSIC .
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