Appeal 33/SIC/2012 on 13/05/2014

GOA STATE INFORMATION COMMISISON

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

Coram : Smt. Leena Mehendale, State Chief Information Commissioner

Appeal No. 33/SIC/2012

Decided on 13/05/2014

Mr. Harihar V. Chodankar,

Block A-1, Ground Floor,

Kamat Woods, Pedem,

Mapusa, Goa. ……………. Appellant

V/s

1. The Public Information Officer

O/o. Mamlatdar of Bardez,

Mapusa, Bardez, Goa. ……… Respondent No. 1

2. First Appellate Authority,

O/o the Deputy Collector & SDO,

Mapusa Sub Division, Mapusa, Goa. ……….. Respondent No. 2

O R D E R (Open Court)

RTI application filed on: - 09/12/2011

PIO replied: - 03/01/2012

First Appeal filed on: - 12/01/2012

FAA Order dated: - 27/01/2012

Second Appeal filed on: - 13/02/2012

(1) This second appeal arises out of RTI application filed on 9/12/2011 before the PIO and Mamlatdar of Bardez. It asked for Certified copies of

i) “Order in Tenancy Case No. TNC/AK/156/80 dated 31/10/1980, issued by Mamlatdar of Bardez, Mapusa.

ii) All the papers pertaining to the Tenancy Case No. TNC/AK/156/80 dated 31/10/1980.”

(2) Reply was given within 30 days, i.e. on 3/01/2012 stating that no information was available in the Office.

(3) The FAA by his order dated 27/01/2012 has observed that

“the applicant has produced the copy of the order dated 29/12/1986 passed by the mamlatdar of Bardez in TNC/SR/31/86 wherein there is mention at para 3 at line 13 of Tenancy Case No. TNC/AK/156/80 dated 31/10/1980 issued by the Mamlatdar Bardez. The applicant isconvinced that the said records pertains to and should have been maintained by the O/o Mamlatdar Bardez.

Cont…..2

::2::

The Mamlatdar P.I.O. is therefore directed to verify his records and furnish the required information within a period of 15 days from the date of this order. Report for compliance”.

(4) However the second appeal was filed on 13/2/2012 claiming that the PIO continued to fail in providing information.

(5) Hearing of the second appeal was fixed starting with 16/3/2012 and the applicant continued to remain absent except on 11/07/2012 and 26/07/2012. In between post of SCIC remained vacant from August 2012 to October, 2013. The appellant has still remained absent on all three subsequent dates, although he has remained present in some other cases filed by him before this commission.

(7) It is therefore presumed that he has no interest in the perusing the present appeal.

(8) I have to make an observation that the Office of the Mamlatdar of Bardez is the heaviest Office receiving maximum number of RTI application, often going beyond a 1000 applications per year. Therefore this is one Office where Government needs to designate at least two Officers as APIO.

(10) The matter pertains to tenancy case of 1980. This is very old matter. Collector of North Goa should undertake a drive to ensure that all the old judgment files regarding various types of judicial cases are properly catalogued, indexed and their proper record and lists are maintained.

- - O R D E R - -

The present second appeal is dismissed for default. Declared in open Court. Informed the parties.

(Leena Mehendale)

Goa State Chief Information Commissioner,

Panaji – Goa.