GOA
STATE INFORMATION COMMISISON
Ground
Floor, Shrama Shakti Bhavan, Patto Plaza, Panaji-Goa
Coram
: Smt. Leena Mehendale, State Chief Information Commissioner .
Complaint
No. 57/SCIC/2012
Decided on 17/11/2014
Shri
Ashok Desai(Advocate)
309,
3rd
floor, Damodar Phase-II,
Near
Margao Police Station,
Margao,
Goa ………Complainant
V/s.
1.Shri
Pradeep S. Naik/The Public Information Officer,
The
Chief Officer,
Canacona
Municipal Council,
At
Chaudi, Canacona, Goa.
2.Shri
Deepak Desai,
The
then PIO & Chief Officer,
Canacona
Municipal Council,
Chaudi,
Canacona, Goa.
For
service & return of notice at his exact
Present
place of posting/transfer
Through
the Joint Secretary(Personal),
Government
of Goa,
Secretariat,
Porvorim, Goa.
3.
Shri. Ashank M. Naik Gaunkar,
The
the Municipal Engineer,
Canacona
Municipal Council,
At
Chaudi Canacona Goa.
For
service & return of notice at his exact
Present
place of posting/transfer
Through
the Joint Secretary(Personal),
Government
of Goa,
Secretariat,
Porvorim, Goa. ……Opponents
O
R D E R (Open Court)
Both
RTI application filed on : 02/02/2012
Both
PIO reply dated : 12/03/2012
First
Appeal filed on : NIL
FAA
Order dated : NIL
Both
Complaint Filed on : 22/03/2012
1) This
Complaint arises out of original RTI application dated 02/02/2012
made to PIO/Chief Officer, Canacona Municipal Council, Canacona Goa
regarding site inspection report referred in letter No.
CMC/TECH.SEC/2010-11/204 dated 11/05/2010.
Contd----2/-
---2---
2) The
Complainant remained present upto 15/01/2013 and thereafter remained
absent. The case is taken up for hearing today and the Complainant is
still absent.
3) Present
PIO i.e Chief Officer of Canacona appears before me to submit that as
per last date’s instruction he has informed the then PIO about
today’s hearing. However, the then PIO remained absent.
4) No
first appeal was filed. However in view of the statements and details
made at para 6 of the complaint application as well as other
instances of systemic defects in the functioning of Canacona
Municipal Council as narrated in complaint memo, I find it pertinent
that the Director of Municipal Administration should be in the know
of it and take cognizance. Hence he should hear this matter as a
first appeal by condoning the delay. He should issue notices to both
sides including the then PIO and give hearing within 30 days from
receiving this order and dispose the appeal as per RTI Act, 2005. He
should also take administrative steps to correct the lacunae noticed
during the hearing.
5) He
should keep in mind that three complaints bearing Complaint Numbers.
55/SCIC/2012, 56/SCIC/2012 and 57/SCIC/2012 have same matrix and are
being remanded to him and he should take a comprehensive view in all
the three.
--O
R D E R—
The
complaint is remanded to the first appeal Authority to hear it as 1st
appeal and dispose it within 30 days from the date of receiving this
order. Order declared in Open Court. Inform the parties.
Sd/-
(
Leena Mehendale)
Goa
State Chief Information Commissioner,
Goa
State Information Commission
Panaji
– Goa.
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