Comp 125/SCIC/2013 on: 20/05/2014

GOA STATE INFORMATION COMMISSION

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

CORAM: Smt. Leena Mehendale, State Chief Information Commissioner

Complaint No.125/SCIC/2013

Decided on: 20/05/2014

Ashok Desai,

309, 3^rd floor,

Damodar Phase-II,

Near Police Station,

Margao-Goa. ….. Complainant

V/s

Public Information Officer,

Shri. Sudesh N. Gaude,

O/o Directorate of Social Welfare,

18^th June Road, Panaji - Goa. …… Opponent.

O R D E R ( Open Court)

RTI Application dated: - 15/07/2013

PIO reply on: - 13/08/2013

Complaint Filed on: - 20/09/2013

FAA Order dated: - NIL

1. This complaint arises out of application dated 15/07/2013 made to PIO in the Office of Directorate of Social Welfare.

2. The reply was sent on 13/08/2013 asking to pay additional amount and collect the information. No first appeal has been filed.

3. The complaint was filed in the Office of SCIC on 20/9/2013, on the ground that “PIO did not provide information within 30 days i.e by 14-8-2013, thereby violated section 7 (1) of the RTI Act2005”.

Cont………2

::2::

4. The complainant narrates how the reply of the PIO dated 13/8/2013 was received by Margao Post Office on 19/8/2013 and delivered to him as RPAD on 24/8/2013. He made the payment on 27/8/2013 and collected the information on the same day.

5. He therefore claims that PIO should be penalize by holding that he made delay of 12 days counting from 15/8/2013 to 27/8/2013.

6. The plea of the complaint is totally misconstrued. The time limit of 30 days for answering RTI Act question is time allowed to the PIO to given information or to send communication for additional fees if it is to be charged. The time period between sending such intimation and receiving payment is to be excluded from the counting of 30 days. It is seen that the information has been given on the same day on which payment was made while the initial letter asking the complainant to make payment was dispatch on 29^th day. Hence the PIO is well within his time limit of 30 days. The time taken for postal deliveries is not be counted as a failure of the PIO.

- - O R D E R - -

Thus complaint totally lacks merit and is dismissed. Order declared in open Court. Inform the parties.

(Leena Mehendale)

Goa State Chief Information Commissioner

Goa State Information Commission

Panaji – Goa