FAA disposed off the First Appeal without any direction - CIC instructed the Municipal Council to convene periodic seminars to sensitize, familiarize and educate the concerned officials about the provisions of the RTI Act for effective discharge of duties
O R D E R
The Appellant vide his RTI application sought information on 05 points, as under:-
1. Provide certified copies of the criteria, Recruitment Rule, Notification released by the A&N Admn, duty responsibility, nature of the duty of the said post and the said officer i.e. Joint Secretary in PBMC.
2. Provide certified copies of the documents related to the officials so far appointed in the said post i.e. Joint Secretary in PBMC i.e. name designation, appointment order copy, pay structure, service period of each officer in the said post along with file notings and approval of the same by the PBMC council meeting along with approval of the Hon’ble Ltd. Governor including all the file noting.
3. Provide certified copies of the details of the officials appointed as Joint Secretary in PBMC (through promotion, selection, DPC meeting resolution / minutes & approval by the Municipal Council & approval of the competent authority) along with entire file noting.
4. Provide certified copies of the nature of the appointment for the post of Joint Secretary in PBMC (i.e. permanent, temporary, ad-hoc basis, current duty charge, additional charge etc.),
5. Provide certified copies of the details of monthly salary & allowances paid, pay structure and other benefits provided by the PBMC &A&NAdmn those who are holding the post of Joint Secretary in PBMC.
The CPIO vide letter dated 19.12.2018, on points No. (a) and (c) denied the information as it is not available, on points No. (b) and (d) provided the information and on point (e) informed the Appellant that information pertains to A & N Administration. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The FAA vide order dated 25.01.2019 disposed off the First Appeal without any direction. Thereafter, the Appellant filed a Second Appeal before the Commission with a request to provide information.
Facts emerging during the hearing:
The following were present:
Appellant: Mr. P. Kannan, through VC;
Respondent: Mr. Ajesh Aggarwal, Office Superintendent/ APIO, through VC.
The Appellant while reiterating the contents of the RTI Application submitted that information with respect to query no. 5 (a) and (c) had not been furnished to him yet. The Respondent present during the hearing submitted since the record pertaining to administration, duty and responsibility is not maintained by their Department, it was forwarded to the appropriate Department (Custodian of information), but no response had been furnished by them.
Keeping in view the facts of the case and the submissions made by both the parties, the Commission directs the Respondent to furnish a revised reply on query no 5 (a) & (c) of the RTI Application to the Appellant within 15 days from the date of receipt of this order under the intimation of this Commission.
The Commission further instructs the Respondent Public Authority to convene periodic conferences/ seminars to sensitize, familiarize and educate the concerned officials about the relevant provisions of the RTI Act, 2005 for effective discharge of its duties and responsibilities.
The Appeal stands disposed off accordingly.
Citation: Mr.P Kannan v. Office of The Municipal Council, Port Blair, Second Appeal No.:- CIC/UTOAN/A/2019/110175-UM, Date of Decision: 31.03.2021