Sunday, February 22, 2015

Complaint No.577/SCIC/2010 Decided on: 30/04/2014

GOA STATE INFORMATION COMMISISON
Shrama Shakti Bhavan”, Ground Floor, Patto Plaza, Panaji – Goa.

CORAM: Smt. Leena Mehendale, State Chief Information Commissioner

Complaint No.577/SCIC/2010


Decided on: 30/04/2014

Shri. James Thomas Godwin,
R/o. flat no. 16, 3rd floor,
Union House No.2, Mogal lane,
Off L.J.Road , Mahim,
Mumbai, Maharashtra. ……….. Complainant.
V/s.
The Chief Officer/Public Information Officer,
District & Session Court,
North Goa, Panaji, Goa. ……………Opponent.

O R D E R (Open Court)


RTI application dated
:12/10/2010

PIO reply dated
:16/10/2010

First Appeal dated
:Nil

FAA Order dated
:Nil

Complaint filed on
:01/11/2010





This Complaint arises out of RTI Application to PIO cum Chief Administrative Officer Panaji, District Court. The complaint sought information regarding Civil Suit 1/2002/F in the Court of the Hon Civil judge Senior Division at Mapusa, Goa, the disposal of the said court case and regarding the working and administrative system of District and Civil Court. Question A to Q pertain to the case mentioned above.

A reply was given on 16/10/2010 asking to pay the fees of Rs.95/-. It was also pointed out that the all District Courts in Goa fall under the Jurisdiction of High Court of Bombay who have framed the rules published in “the Official Gazette, Government of Goa, Series I No. 25, dated 17th September ,2009, which specifies that the information /Copy/ies inspection with respect to cases pending in Court, which shall be obtained from the Court, as per the Rules and Orders in force for the time being.” The fees charged for additional information is as per the rates given under these rules.

2/-


-2-
A reply was filed by the Respondent on 18/01/2011. It is mentioned therein that information regarding several question were not furnished by PIO, on the ground that it did not fall under section 2(f). Some information was not provided in view of rule 13(b) and 13(f) and 10(3) of the rules framed by the High Court. It is important to note that as per rule 13(b). Some information requested was vague and asking for opinion , some information for example to question (X) was kept ready but the payment was not made by the complainant despite the letter dated 16/10/2010. Some information was received by him on 01/11/2010. Elaborate replies were given in respect to question regarding pendency of Civil and Criminal cases, Staff name and designation etc. In total more than 50 question were asked and the status of the information given has been elaborately explained in the reply of the PIO in para 6.

No First Appeal was filed but a complaint was filed with this Commission on 01/11/2010. It is seen from the roznama dated 25/04/2011 that the Opponent has filed the reply and complainant has received a copy. The Complainant has not filed any rejoinder .

The Complainant remained continuously absent from 16/08/2011on 9 occasions till the then SCIC was functioning in this office.
He also remained absent on all subsequently dates till today. Hence it is presumed that he has no interest in perusing the matter.

The complaint lacks merits as above hence it is dismissed. 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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