Appeal No.141/SIC/2013 Decided on :05/12/2014

GOA STATE INFORMATION COMMISISON

Ground Floor, Shrama Shakti Bhavan, Patto Plaza, Panaji-Goa

Coram : Smt. Leena Mehendale, State Chief Information Commissioner

Appeal No.141/SIC/2013

Decided on :05/12/2014

Shri Vishal Naik

R/o. H.No. 128/1, Rua De Maria,

Sancoale, Cortalim, Goa ..….…..Appellant

V/s

1.Shri D.R. Bhagat

Deputy Director of Education(Admn)/ Public Information Officer,

Central Education Zone,

Panaji, Goa.

2.Shri V.P. Dangui

Director(Admn)/ First Appellate Authority,

Directorate of Education,

Porvorim, Goa. ……. Respondents

O R D E R (Open Court)

RTI application filed on : 05/04/2013

PIO reply : 23/04/2013

First Appeal filed on : 10/05/2013

FAA Order dated : 07/06/2013

Second Appeal filed on : 01/10/2013

1. This second appeal arises out of RTI application dated 05/04/2013 made before the PIO/ Deputy Director of Education(Admn), Central Education Zone, Panaji, Goa regarding certified copies of documents pertaining to handing over charge of Headmaster of GPMS, Curca, Goa.

2. Appeal has a short compass. On 06/01/2006, one out of 6 possible candidates took over as in - charge Headmaster and it was claimed by school authorities that the remaining 5 had declined to take post as in –charge Head master. Hence the RTI querry was to supply copies of the letters given by those 5 declining the post. The PIO refused information on the ground of third party exemption and FAA has upheld the action.

3. The PIO and FAA both have wrongly taken the plea of “Third Party”. Handing over charge or accepting or rejecting to take over a charge is an administrative issue, and has nothing in it so as to attract section 11 of the RTI Act.

Contd---2/-

--2--

However when the appeal was heard on today, a reply is filed by APIO on 24/09/2014 para No. 8 in this reply is the information which should have been supplied to appellant in the first instance rather than taking the plea of third party information.

• O R D E R -

The second Appeal is closed. Order Declared in Open Court. Inform the Parties.

(Leena Mehendale)

Goa State Chief Information Commissioner,

Goa State Information Commission

Panaji – Goa.