6685/IC-SPR/2010
6685/IC-SPR/2010
6685/IC-SPR/2010
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A.P. INFORMATION COMMISSION<br />
(Under Right to Information Act, 2005)<br />
HACA Bhavan, Hyderabad – 500 004.<br />
Phone Nos: 23230245 / 246 (O) / 23230592 (F)<br />
Appeal No.<strong>6685</strong>/S<strong>IC</strong>-<strong>SPR</strong>/<strong>2010</strong><br />
Dated: 10-09-2012<br />
Name of the Appellant & Address Sri Sultan Bamahdi H.No:9-4-2,<br />
Courier World Service, Khilla Road,<br />
Nizamabad - 503001<br />
Name of the Respondents Public Information Officer (U/RTI Act, 2005)/<br />
The Special Secretary to Government,<br />
Higher Education Department,<br />
O/o the Principal Secretary to Government,<br />
Higher Education Department,<br />
A.P. Secretriat, Hyderabad - 500022<br />
Appellate Authority (U/RTI Act, 2005) /<br />
The Secretary to Government,<br />
Higher Education Department,<br />
O/o the Principal Secretary to Government,<br />
Higher Education Department,<br />
"J" Block, A.P. Secretariat, Hyderabad - 500 022<br />
O R D E R<br />
Sri Sultan Bamahdi H.No:9-4-2, Courier World Service, Khilla Road, Nizamabad - 503001 has<br />
filed 2 nd appeal dated 11.06.<strong>2010</strong> which was received by this Commission on 11.06.<strong>2010</strong> for not<br />
getting the information sought by him from the PIO / The Special Secretary to Government Higher<br />
Education Department, O/o the Principal Secretary to Government (HE) Department, A.P. Secretriat,<br />
Hyderabad - 500022 and 1 st Appellate Authority / The Secretary to Government Heigher Education<br />
Department, O/o the Principal Secretary to Government (HE) Department,"J" Block, A.P. Secretariat,<br />
Hyderabad - 500 022.<br />
The brief facts of the case as per the appeal and other records received along with it are that the<br />
appellant herein filed an application dated 09.04.<strong>2010</strong> before the PIO requesting to furnish the<br />
information under Sec.6(1) of the RTI Act, 2005, on the points mentioned in his application below:<br />
A. Copy of the Current File and Note File where by subject GO issued.<br />
B. Copy of CIE Proc No.Ser.II.A.2/3959/2005 dated 20-6-2007.<br />
C. Copy of Appeal dated: 28-06-2007 as referred in the G.O.<br />
D. Govt Memo.No.8195/V<strong>IC</strong>.II/2007-7, dated: 03-11-2008<br />
E Copy of DIE Lr.Rc.No.Ser.II.A.2/3959/2005, dated: 03-1-2008<br />
F. Copy of the Representation of dated: 15-6-2009<br />
G. Copy of the matching order or any other orders passed by the DIE, AP.,in compliance of the subject GO.<br />
H. Information about action taken to exonerate fro the charge and to drop further proceedings against another<br />
Junior Lecturer in that case.<br />
I. Information about the reason for setting aside the punishment and to drop further action u/s 4 (1) (d) of the<br />
act. (Every Public Authority shall provide reasons for its administrative or quasi-judicial decisions to affected<br />
persons.<br />
Since the appellant did not receive the information from the Public Information Officer, he<br />
filed 1 st appeal dated 10.05.<strong>2010</strong> before the 1 st Appellate Authority requesting him to furnish the<br />
information sought by him u/s 19(1) of the RTI Act, 2005.<br />
The appellant stated that as he did not get the information from the 1 st Appellate Authority even<br />
after 30 days of filing his 1 st appeal, he preferred this 2 nd appeal before this Commission requesting to<br />
take action against the PIO and 1 st Appellate Authority for not furnishing information sought by him<br />
and also to arrange to furnish the information sought by him u/s 19(3) of the RTI Act, 2005.<br />
The 2 nd appeal was taken on file and Notices issued to both the parties for hearing on 06-09- 2012.
On 6-9-2012 the case is called. The Appellant is absent. The Respondents, PIO / Joint<br />
Secretary to Govt., School Education Dept., A.P.Secretariat, Hyderabad is present. The 1 st Appellate<br />
Authority is absent. The PIO represents that the information was furnished on 6-9-2012. The 6(1)<br />
application was filed with the PIO / Addl.Secretary to Govt., Higher Education Dept., A.P.Secretariat<br />
on 9-4-<strong>2010</strong> and Appeal was also filed on 10-5-<strong>2010</strong> with the Secretary to Govt., High Education<br />
Dept., A.P.Secretariat, Hyderabad. The 6(1) application was transferred to the School Education<br />
Department only on 5-9-2012. Issue Show Cause Notice to the PIO, Higher Education Department,<br />
A.P.Secretariat, Hyderabad (who held charge when 6(1) application was received) for delay of more<br />
than 2 years in transferring the 6(1) application to the concerned.<br />
Authenticated by:<br />
S.PRABHAKAR REDDY<br />
STATE INFORMATION COMMISSIONER<br />
(G.Rama Rao)<br />
Deputy Registrar<br />
Copy to: SO, AP<strong>IC</strong> / SF
A.P. INFORMATION COMMISSION<br />
(Under Right to Information Act, 2005)<br />
HACA Bhavan, Hyderabad – 500 004.<br />
Phone Nos: 23230245 / 246 (O) / 23230592 (F)<br />
Show Cause Notice in Appeal No.<strong>6685</strong>/S<strong>IC</strong>-<strong>SPR</strong>/<strong>2010</strong><br />
Dated:29-11-2012<br />
Name of the Respondents Public Information Officer (U/RTI Act, 2005)/<br />
O/o the Principal Secretary to Government,<br />
Higher Education Department,<br />
A.P. Secretriat, Hyderabad - 500022<br />
O R D E R<br />
Sri Sultan Bamahdi H.No:9-4-2, Courier World Service, Khilla Road, Nizamabad - 503001 has<br />
filed 2 nd appeal dated 11.06.<strong>2010</strong> which was received by this Commission on 11.06.<strong>2010</strong> for not<br />
getting the information sought by him from the PIO / The Special Secretary to Government Higher<br />
Education Department, O/o the Principal Secretary to Government (HE) Department, A.P. Secretriat,<br />
Hyderabad - 500022 and 1 st Appellate Authority / The Secretary to Government Heigher Education<br />
Department, O/o the Principal Secretary to Government (HE) Department,"J" Block, A.P. Secretariat,<br />
Hyderabad - 500 022.<br />
The brief facts of the case as per the appeal and other records received along with it are that the<br />
appellant herein filed an application dated 09.04.<strong>2010</strong> before the PIO requesting to furnish the<br />
information under Sec.6(1) of the RTI Act, 2005, on the points mentioned in his application below:<br />
A. Copy of the Current File and Note File where by subject GO issued.<br />
B. Copy of CIE Proc No.Ser.II.A.2/3959/2005 dated 20-6-2007.<br />
C. Copy of Appeal dated: 28-06-2007 as referred in the G.O.<br />
D. Govt Memo.No.8195/V<strong>IC</strong>.II/2007-7, dated: 03-11-2008<br />
E Copy of DIE Lr.Rc.No.Ser.II.A.2/3959/2005, dated: 03-1-2008<br />
F. Copy of the Representation of dated: 15-6-2009<br />
G. Copy of the matching order or any other orders passed by the DIE, AP.,in compliance of the subject GO.<br />
H. Information about action taken to exonerate fro the charge and to drop further proceedings against another<br />
Junior Lecturer in that case.<br />
I. Information about the reason for setting aside the punishment and to drop further action u/s 4 (1) (d) of the<br />
act. (Every Public Authority shall provide reasons for its administrative or quasi-judicial decisions to affected<br />
persons.<br />
Since the appellant did not receive the information from the Public Information Officer, he<br />
filed 1 st appeal dated 10.05.<strong>2010</strong> before the 1 st Appellate Authority requesting him to furnish the<br />
information sought by him u/s 19(1) of the RTI Act, 2005.<br />
The appellant stated that as he did not get the information from the 1 st Appellate Authority even<br />
after 30 days of filing his 1 st appeal, he preferred this 2 nd appeal before this Commission requesting to<br />
take action against the PIO and 1 st Appellate Authority for not furnishing information sought by him<br />
and also to arrange to furnish the information sought by him u/s 19(3) of the RTI Act, 2005.<br />
The 2 nd appeal was taken on file and Notices issued to both the parties for hearing on 06-09- 2012.<br />
On 6-9-2012 the case is called. The Appellant is absent. The Respondents, PIO / Joint<br />
Secretary to Govt., School Education Dept., A.P.Secretariat, Hyderabad is present. The 1 st Appellate<br />
Authority is absent. The PIO represents that the information was furnished on 6-9-2012. The 6(1)<br />
application was filed with the PIO / Addl.Secretary to Govt., Higher Education Dept., A.P.Secretariat<br />
on 9-4-<strong>2010</strong> and Appeal was also filed on 10-5-<strong>2010</strong> with the Secretary to Govt., High Education<br />
Dept., A.P.Secretariat, Hyderabad. The 6(1) application was transferred to the School Education<br />
Department only on 5-9-2012. Issue Show Cause Notice to the PIO, Higher Education Department,<br />
A.P.Secretariat, Hyderabad (who held charge when 6(1) application was received) for delay of more<br />
than 2 years in transferring the 6(1) application to the concerned.
The Show Cause Notice was issued to the Respondent directing him to appear before the Commission<br />
for hearing on 8-10-2012.<br />
On 8-10-2012 the case is called. The Respondent, the then PIO, Sri Dobriyal, Special<br />
Secretary to Govt., Higher Education Dept., A.P.Secretariat, Hyderabad is absent. Issue second Show<br />
Cause Notice for not furnishing his written explanation and not attending the hearing on 8-10-2012.<br />
The Show Cause Notice was issued to the Respondent directing him to appear before the<br />
Commission for hearing on 21-11-2012.<br />
On 21-11-2012 the case is called. The Respondent, the then PIO, Sri P.R.Manawallan is<br />
present. He represents that the information was furnished with some delay as the application was dealt<br />
in 2 sections and there was some confusion in sending information. The explanation is found to be<br />
satisfactory, hence further action is dropped.<br />
Authenticated by:<br />
S.PRABHAKAR REDDY<br />
STATE INFORMATION COMMISSIONER<br />
(G.Rama Rao)<br />
Deputy Registrar<br />
Copy to: SO, AP<strong>IC</strong> / SF