ComplaintNo.02/SCIC/2014 Decided on 25/11/2014

GOA STATE INFORMATION COMMISSION

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

CORAM: Smt. Leena Mehendale, State Chief Information Commissioner

ComplaintNo.02/SCIC/2014

Decided on 25/11/2014

Mr. Vishal Naik,

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

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

V/s.

1. Shri. N.V.T.Pednekar,

Secretary , Board Of Technical Education ,

Porvorim , Goa.

2. Shri. K.N.Subhash,

Ex- Secretary , Board Of Technical Education ,

Porvorim , Goa.

3. Shri. Vivek B. Kamat,

First Appellate Authority,

Directorate of Technical Education,

Provorim, Goa. ………………. Respondents

O R D E R (Open Court)

RTI application dated : - 26/08/2012

Deemed PIO reply on : - 26/09/2013

First Appeal filed on : - 24/10/2013

FAA Order dated : - 21/11/2013

Complaint filed on : - 06/01/2014

This Complaint arises out the original RTI application dated 26/08/2013 made to PIO/ Deputy Director, Directorate of Technical Education, Porvorim, Goa, asking for certified copies of answers books of six subjects.

The case of the complainant is that the Deemed PIO had issued a note dated 26/09/2013 wherein the complainant was told to pay an amount of Rs.2100/- for the six subjects. These charges for obtaining certified copies of answer books were fixed vide Board Rules dated 12/12/2011 which came in force after the RTI amendment notification dated 04/02/2008 regarding regulation of fee and cost to be charged. The contention of the complainant is that the PIO be directed to furnish the information by charging the fees as per cost indicated in the notification dated 04/02/2008 and not on the basis the Board rules dated 12/12/2011.

The complainant had filed the First Appeal before the FAA on the ground that the fees charged towards the information sought was high and unreasonable. The FAA vide his order dated 21/11/2013 held that the notification dated 04/02/2008 itself provide that higher fees specified under the relevant rules shall be charged instead of the copying charges, in normal RTI cases.

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I agree with FAA. The new rule 4 of the Goa RTI (Regulation of fees and cost) Rules, 2008 states that, “notwithstanding anything contained in the RTI Rules, higher fees shall be charged for inspection, search or supply of certified copies if specified under any other rule framed under any other law”.

Hence it is clear that in view of Board Rules dated 12.12.2011 the Complainant’s plea that earlier Govt notification dated 04/02/2008 freezes all revision of rates is wrong .The Deemed PIO was right in replying to the complainant to pay additional fees as laid down in the Board Rules 2011. The complaint is dismissed as the Government RTI notification of 2008 allows future revision of rates towards inspection, search or supply of certified copies.

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The Complaint is dismissed as above. Order declared in Open Court. Inform the parties.

Sd/-

(Leena Mehendale)

Goa State Chief Information Commissioner,

Panaji – Goa.