Monday, February 2, 2015

Comp 146/SCIC/2013 + Comp 13/SCIC/2014 on: 08/10/2014

GOA STATE INFORMATION COMMISISON
Shrama Shakti Bhavan”, Ground Floor, Patto Plaza, Panaji – Goa.

CORAM: Smt. Leena Mehendale, State Chief Information Commissioner

Complaint 146/SCIC/2013

Complaint 13/SCIC/2014

Decided on: 08/10/2014


Dr. Aashish Kamat
H.No 79, Comba-Alto,
Margao- Goa.
V/s
1) First Appellate Authority,
Directorate of Education,
Porvorim – Goa.
2) Public Information Officer,
Directorate of Education,

Porvorim- Goa.


O R D E R (Open Court)


Complaint No.
146/SCIC/2013
13/SCIC/2014
RTI application dated
:
13/05/2013
28/11/2013
PIO reply dated
:
Nil
Nil
First Appeal dated
:
11/07/2013
08/01/2014
FAA Order dated
:
Nil
Nil
Second Appeal filed on
:
07/11/2013
12/08/2014






Complaint No. 146/SCI/2013 was taken up today and it is decided to dispose off Complaint No. 13/SCIC/2014 also even though notice has not been issued in the second complaint. The first complaint arises out of RTI application dated 13/05/2013 and second complaint out of 2 RTI applications dated 28/11/2013 and 08/01/2014. PIO (Asstt. Director of Education, Vocational Section) of Directorate of Education is present today and it appears prime-facie that she has not furnished replies to any of the 3 RTI applications.

The RTI applicant had also made the First Appeal on 11/07/2013 and another First Appeal on 08/01/2014 and yet another on 12/03/2014. All the 3 First


2/-

- - 2 - -

Appeals have remained undisposed. The PIO orally informs that the then First Appellate Authority has since retired and the present FAA and Director of Education has taken charge on 01/09/2014. Again it appears that he has not taken stock of RTI first appeals kept pending by his predecessor.

On inquiry with the PIO it is confirmed that none of the 3 RTI applications have been replied to. She however undertakes to furnish all the relevant information free of cost (being delayed information) within 1 month and file a compliance report on next date of hearing. She should appear before the Commission on 19/11/2014 for filing compliance report.

I also need to keep on record my observation that the PIO and FAA appeared unaware that they have to file Annual Report with the State Information Commission regarding the status of disposal of RTI applications and first appeals. It is therefore desirable that the Director arranges a proper training program so that he himself and his officers can properly appreciate the provisions of RTI Act. He is also directed to maintain a register of first appeals including information about second appeal and directions passed therein.

The present FAA is further directed to separately file a status report about the disposal of First Appeals as on 01/07/2014. The same should be presented before me on 19/11/2014.

--- O R D E R ---

The 2 complaints allowed as above. PIO and FAA to file their compliances as directed. Needless to mention that the complainant has liberty to file a details complaint under section 20 for penalty if PIO fails to reply to his 3 RTI applications.



(Leena Mehendale)
Goa State Chief Information Commissioner
Goa State Information Commission

Panaji-Goa

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