Penalty No. 41/2011 in Appeal No. 151/SIC/2010

Penalty No. 41/2011

in Appeal No. 51/SIC/2010

(Maybe draft stage)

GOA STATE INFORMATION COMMISSION

Ground Floor, Shrama Shakti Bhavan, Patto Plaza, Panaji – Goa.

CORAM: Smt. Leena Mehendale, State Chief Information Commissioner

Penalty No. 41/2011

in Appeal No. 151/SIC/2010

Decided on :????????

Shri G.D. Phadte

R/o. H. No. 898,

Nila Niwas, Alto Torda,

Porvorim, Goa ..….…..Complainant

V/s

Shri M.S. Mardolkar,

Village Panchayat Secretary/ Public Information Officer,

Village Panchayat of Penha de France,

Britona, Bardez, Goa ……. Opponent

O R D E R (Oral)

RTI application filed on : 14/03/2010

PIO reply : 27/05/2010

First Appeal filed on : 21/04/2010

FAA Order dated : 10/05/2010

Second Appeal filed on : 11/06/2010

SIC Order dated :26/05/2011

This penalty proceeding arises out of Showcause Notice dated 27/05/2011 issued in view of SIC order dated 26/05/2011 in Appeal No. 151/SIC/2010.

In short the reply to RTI Question was given on 27/05/2010 only after the order of FAA, that to beyond the time limit given by FAA and that it was still incomplete. The then SCIC has taken this facts on record and he passed following orders.

Appeal is allowed. The Respondent No. 1/PIO is hereby directed to provide inspection of records as sought by the Appellant vide his application dated 14/03/2010 within twenty days from the date of receipt of this Order and on a mutually agreed date.

Issue notice Section 20(1)of the RTI Act to Respondent No. 1/PIO to showcause why penalty action should not be taken against him for causing delay in furnishing information. The explanation, if any, should reach this Commission on or before 29/06/2011. PIO/respondent No. 1 shall appear for the hearing.

Accordingly showcause notice was issued to the Respondent PIO Shri M.S. Mardolkar who has submitted his say on 21/06/2012. He submits as below.

• The PIO was required to do Census duty from 01/04/2010 to 15/05/2010 in addition to his own duties. This resulted in delay. Since the 1^st Appeal was made on 20/04/2010 he took it that he did not give any information while the matter is submitted in 1^st Appeal.
• After given order of FAA on 10/05/2010 he informed the Appellant telephonically to collect information where he kept ready but the Appellant collected it only on 27/05/2010.
• There was no modified intension to hide or refuse information.
• Hence the penalty proceeding may be dropped. The original Appellant has filed his rejoinder on 28/06/2012. He has denied having received any telephonic message on 10/05/2010 as claimed by PIO. He has filed a lengthy argument on the point has to why a delayed information should not be condemned.

The original RTI Question simply asked for a copy of Occupancy Certificate dated 29/11/2005 issued to AGM of BSNL and the other ownership documents furnished by the Applicant in the matter of approval of construction plant. Finally the Reply provided by the PIO is simply A2 page document, one page being copy of Occupancy Certificate further informing that being a titled informing that being a titled document are not on record. The submission submitted by PIO regarding the load of Census work is accepted to some extent but not point 2 made about.

The 1^st Appeal was clearly on the ground that he has not supplied the information which is his prime responsibility under RTI and when he himself was not given any information, then he does not have to wait for the order of FAA alongwith 2^nd Appeal the Appellant has filed some Annexures and page 6 contains a copy of the letter dated 12/05/2010 which invites the Appellant to visit the Office and verify and collect the information kept ready for him. This has been received by the Appellant on 17/05/2010 and has been collected by the Appellant on 27/05/2010.

• Order 

The Penalty proceeding is closed. Inform the Parties.

(Leena Mehendale)

Goa State Chief Information Commissioner,

Panaji – Goa.