Comp 160/SIC/2012 on: 06/02/2014

GOA STATE INFORMATION COMMISISON

“Shrama Shakti Bhavan”, Ground Floor, Patto Plaza, Panaji – Goa.

CORAM: Smt. Leena Mehendale, State Chief Information Commissioner

Complaint No.160/SIC/2012

Decided on: 06/02/2014

Shri. Nirmalkumar Mohandas

r/o 103, Laporte Street,

Puducherry 605 001.

V/S

The Public Information Officer,

Assistant Registrar

District & Sessions Court, South Goa,

Margao- Goa.

O R D E R (Open Court)

RTI application dated	:	02/06/2011 & 10/04/2012
PIO reply dated	:	18/04/2012 & 27/03/2013
First Appeal dated	:	Nil
Complaint filed on	:	16/11/2012

1) This complainant arises from RTI application dated 02/06/2011 made to PIO and Registrar of the District and Session’s Court of South Goa. The information asked was:

1. The number of cases filed in their Court in 2010.

2. The number of cases decided by their Court in 2010.

3. The number of cases appealed against the decision of their Court in 2010.

It was followed with a reminder letter dated 03/12/2011. Subsequently on 10/04/2012, the same three questions were repeated by sending another RTI application to PIO of High Court of Bombay at Goa.

2) The complainant filed this complaint in the Office of SCIC Goa on 16/11/2012. It is pertinent to note that on the date of filing complaint, the post of SCIC and that of SIC had both remained vacant, so the matter was taken up after the undersigned SCIC joined in October, 2013.

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3) Although the hearing was resumed, the Complainant had remained absent on both the dates. The written statement (WS) has been filed by PIO and Registrar on 08/04/2013 which has been received by the complainant, but he has not filed any rejoinder.

4) It is stated at para 2 of the PIO’s submission that as per the rules made by High Court of Bombay in regard to disposal of RTI cases arising in regard to the Courts coming under their jurisdiction, rules as mentioned in chapter 2 of the Rules of 2009 shall be followed. It is seen that the same advice was particularly given to the complainant after which he has filed third application dated 10/04/2012 to the PIO of the High Court Bombay.

5) It is also stated that the information sought by the complainant was kept ready on 18/04/2012 itself. He has also annexed the copy of the said reply which is as below:

	QUESTION			ANSWER
				Civil		Criminal
A		The total number of cases filed in the District & Sessions Court of Margao in the year 2010.	3207		1572
B		The total number of cases decided by the District & Sessions Court of Margao in 2010.	2209		1165
C	The number of cases appealed against the decision of the District & Sessions Court of Margao in 2010.			Such information is not maintained

6) I have gone through the record and I hold that the complaint may be dismissed with some liberty. The information contained in para 5 supra may be treated by the applicant as authentic. In the alternative, he has liberty to send his application alongwith self addressed envelope bearing postal stamp equivalent to the rate prescribed for R.P.A.D. (registered post with acknowledgment due). The Registrar & PIO shall within a month of receiving such a request, make available, the same information as has been filed by him before this Commission on 18/04/2012.

Order declared in open Court. Inform the parties.

Sd/-

(Leena Mehendale)

Goa State Chief Information Commissioner

Goa State Information Commission

Panaji-Goa