Government of Andhra Pradesh - Andhra Pradesh Information ...

A.P. INFORMATION COMMISSION(Under Right to Information Act, 2005)HACA Bhavan, Hyderabad – 500 004.Phone Nos: 23230245 / 246 (O) / 23230592 (F)Name of the Appellant & AddressName of the RespondentsAppeal No.8215/SIC-SPR/2010Dated: 3-08-2012Sri S.N.Basha, 6/65-2A,Ravindranagar, Kadapa.-516001Public Information Officer (U/RTI Act, 2005)/Assistant Secretary to Govt.,Industries & Commerce Dept., D-Block,A.P.Secretariat, Hyderabad -500022Appellate Authority (U/RTI Act, 2005)O/o the Principal Secretary to Govt.,Industries & Commerce (Mines-1) Dept.,D-Block, A.P.Secretariat, Hyderabad -500022O R D E R. Sri S.N.Basha, 6/65-2A, Ravindranagar, Kadapa has filed 2 nd appeal dated: 10-07-2010 whichwas received by this Commission on 19-07-2010 for not getting the information sought by him fromthe PIO / Assistant Secretary to Govt., Industries & Commerce Dept., D-Block, A.P.Secretariat,Hyderabad and 1 st Appellate Authority, O/o the Principal Secretary to Govt., Industries & Commerce(Mines-1) Dept., D-Block, A.P.Secretariat, HyderabadThe brief facts of the case as per the appeal and other records received along with it are that theappellant herein filed an application dated: 30-03-2010 before the PIO requesting to furnish thefollowing information:-1. Furnish list of persons who got mining contract, society names, addresses and details of contractmines etc., in Andhra Pradesh State from the financial years 1997-98 to 2009-10.2. Furnish list of complaints filed by people, Voluntary Organisations against higher officials andstaff of State Mines department for the above period.3. Furnish details of officers and staff of Mines department who faced corruption cases for theabove period. What action has been taken after enquiry on those officials?.4. What procedure and guidelines are followed while allotting the Mines for contract?The PIO / Asst. Secretary to Govt., Industries & Commerce Dept., Secretariat, Hyderabad videhis letter No.5020/M.I(1)/2010 dated: 19-4-2010 has informed to the Appellant that the informationsought by you is not specific as mandated under section 6(1) of the RTI Act, 2005 and the informationsought is he and voluminous and it attracts the provision of section 7(9) of the RTI Act, 2005, and thereis no obligation to provide information.Stating that he has not satisfied with the information furnished by the PIO, the appellant filed anappeal u/s 19(1) dated: 27-4-2010 before the 1 st Appellate Authority, O/o the Prl.Secretary to Govt.,Industries & Commerce (Mines-1) Dept., Secretariat, Hyderabad requesting to arrange to supply theinformation.The appellant stated that as he did not get the information even after 30 days of filing his 1 stappeal, he filed this 2 nd appeal before this Commission requesting to arrange to furnish the informationsought by him.The 2 nd appeal was taken on file and notices were sent to the parties concerned directing themto appear before the Commission for hearing on 30-7-2012.

2On 30-7-2012 the case is called. The Appellant is absent. The Respondent, PIO /Asst.Secretary to Govt., Industries & Commerce Dept., Secretariat, Hyderabad is present. Theinformation asked for is not furnished and it is wrongly denied by taking the cover u/s 7(9) of the RTIAct, 2005. The PIO is directed to furnish information within 15 days under intimation to thisCommission. Issue Show Cause Notice to the then PIO, Sri Adinarayana since retired. The 1stAppellate Authority also filed written report, stating that the 1st Appeal dated 27-4-2010 is notreceived. .Authenticated by:S.PRABHAKAR REDDYSTATE INFORMATION COMMISSIONER(G.Rama Rao)Deputy RegistrarCopy to: SO, APIC / SF

3A.P. INFORMATION COMMISSION(Under Right to Information Act, 2005)HACA Bhavan, Hyderabad – 500 004.Phone Nos: 23230245 / 246 (O) / 23230592 (F)Show Cause Notice in Appeal No.8215/SIC-SPR/2010Dated: 25-08-2012Name of the Respondents The then Public Information Officer (U/RTI Act, 2005)/Assistant Secretary to Govt.,Industries & Commerce Dept., D-Block,A.P.Secretariat, Hyderabad -500022Through:Present Public Information Officer (U/RTI Act, 2005)/Assistant Secretary to Govt.,Industries & Commerce Dept., D-Block,A.P.Secretariat, Hyderabad -500022O R D E R. Sri S.N.Basha, 6/65-2A, Ravindranagar, Kadapa has filed 2 nd appeal dated: 10-07-2010 whichwas received by this Commission on 19-07-2010 for not getting the information sought by him fromthe PIO / Assistant Secretary to Govt., Industries & Commerce Dept., D-Block, A.P.Secretariat,Hyderabad and 1 st Appellate Authority, O/o the Principal Secretary to Govt., Industries & Commerce(Mines-1) Dept., D-Block, A.P.Secretariat, HyderabadThe brief facts of the case as per the appeal and other records received along with it are that theappellant herein filed an application dated: 30-03-2010 before the PIO requesting to furnish thefollowing information:-1. Furnish list of persons who got mining contract, society names, addresses and details of contractmines etc., in Andhra Pradesh State from the financial years 1997-98 to 2009-10.2. Furnish list of complaints filed by people, Voluntary Organisations against higher officials andstaff of State Mines department for the above period.3. Furnish details of officers and staff of Mines department who faced corruption cases for theabove period. What action has been taken after enquiry on those officials?.4. What procedure and guidelines are followed while allotting the Mines for contract?The PIO / Asst. Secretary to Govt., Industries & Commerce Dept., Secretariat, Hyderabad videhis letter No.5020/M.I(1)/2010 dated: 19-4-2010 has informed to the Appellant that the informationsought by you is not specific as mandated under section 6(1) of the RTI Act, 2005 and the informationsought is he and voluminous and it attracts the provision of section 7(9) of the RTI Act, 2005, and thereis no obligation to provide information.Stating that he has not satisfied with the information furnished by the PIO, the appellant filed anappeal u/s 19(1) dated: 27-4-2010 before the 1 st Appellate Authority, O/o the Prl.Secretary to Govt.,Industries & Commerce (Mines-1) Dept., Secretariat, Hyderabad requesting to arrange to supply theinformation.The appellant stated that as he did not get the information even after 30 days of filing his 1 stappeal, he filed this 2 nd appeal before this Commission requesting to arrange to furnish the informationsought by him.The 2 nd appeal was taken on file and notices were sent to the parties concerned directing themto appear before the Commission for hearing on 30-7-2012.On 30-7-2012 the case is called. The Appellant is absent. The Respondent, PIO /Asst.Secretary to Govt., Industries & Commerce Dept., Secretariat, Hyderabad is present. Theinformation asked for is not furnished and it is wrongly denied by taking the cover u/s 7(9) of the RTIAct, 2005. The PIO is directed to furnish information within 15 days under intimation to thisCommission. Issue Show Cause Notice to the then PIO, Sri Adinarayana since retired. The 1stAppellate Authority also filed written report, stating that the 1st Appeal dated 27-4-2010 is notreceived.

4Show Cause Notice was issued to the PIO on 3-8-2012 directing him to appear before theCommission for hearing on 21-8-2012.On 21-8-2012 the case is called. The Respondent, the then PIO / Sri K. Adinarayana,Assistant Secretary to Govt., (Retired), Industries and Commerce Dept., A.P.Secretariat, Hyderabad ispresent. He submitted his written representation. In his representation he stated that the informationsought for was huge and voluminous. Therefore he rejected the same u/s 7(9) of the RTI Act, 2005.The 1st Appellate Authority / Prl.Secretary to Govt., has also filed written submission wherein it isstated that the 1 st appeal petition dated 24-7-2010 purported to have been filed by the appellant was notreceived by the 1st Appellate Authority, hence no action was taken. However on receipt of the noticefrom the Commission the required information was furnished. Taking into consideration the overallfacts of the case, further action is dropped.Authenticated by:S.PRABHAKAR REDDYSTATE INFORMATION COMMISSIONER(G.Rama Rao)Deputy RegistrarCopy to: SO, APIC / SF