Complaint No. 57/SCIC/2012 Decided on 17/11/2014

GOA STATE INFORMATION COMMISISON

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

Coram : Smt. Leena Mehendale, State Chief Information Commissioner .

Complaint No. 57/SCIC/2012

Decided on 17/11/2014

Shri Ashok Desai(Advocate)

309, 3^rd floor, Damodar Phase-II,

Near Margao Police Station,

Margao, Goa ………Complainant

V/s.

1.Shri Pradeep S. Naik/The Public Information Officer,

The Chief Officer,

Canacona Municipal Council,

At Chaudi, Canacona, Goa.

2.Shri Deepak Desai,

The then PIO & Chief Officer,

Canacona Municipal Council,

Chaudi, Canacona, Goa.

For service & return of notice at his exact

Present place of posting/transfer

Through the Joint Secretary(Personal),

Government of Goa,

Secretariat, Porvorim, Goa.

3. Shri. Ashank M. Naik Gaunkar,

The the Municipal Engineer,

Canacona Municipal Council,

At Chaudi Canacona Goa.

For service & return of notice at his exact

Present place of posting/transfer

Through the Joint Secretary(Personal),

Government of Goa,

Secretariat, Porvorim, Goa. ……Opponents

O R D E R (Open Court)

Both RTI application filed on : 02/02/2012

Both PIO reply dated : 12/03/2012

First Appeal filed on : NIL

FAA Order dated : NIL

Both Complaint Filed on : 22/03/2012

1) This Complaint arises out of original RTI application dated 02/02/2012 made to PIO/Chief Officer, Canacona Municipal Council, Canacona Goa regarding site inspection report referred in letter No. CMC/TECH.SEC/2010-11/204 dated 11/05/2010.

Contd----2/-

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2) The Complainant remained present upto 15/01/2013 and thereafter remained absent. The case is taken up for hearing today and the Complainant is still absent.

3) Present PIO i.e Chief Officer of Canacona appears before me to submit that as per last date’s instruction he has informed the then PIO about today’s hearing. However, the then PIO remained absent.

4) No first appeal was filed. However in view of the statements and details made at para 6 of the complaint application as well as other instances of systemic defects in the functioning of Canacona Municipal Council as narrated in complaint memo, I find it pertinent that the Director of Municipal Administration should be in the know of it and take cognizance. Hence he should hear this matter as a first appeal by condoning the delay. He should issue notices to both sides including the then PIO and give hearing within 30 days from receiving this order and dispose the appeal as per RTI Act, 2005. He should also take administrative steps to correct the lacunae noticed during the hearing.

5) He should keep in mind that three complaints bearing Complaint Numbers. 55/SCIC/2012, 56/SCIC/2012 and 57/SCIC/2012 have same matrix and are being remanded to him and he should take a comprehensive view in all the three.

--O R D E R—

The complaint is remanded to the first appeal Authority to hear it as 1^st appeal and dispose it within 30 days from the date of receiving this order. Order declared in Open Court. Inform the parties.

Sd/-

( Leena Mehendale)

Goa State Chief Information Commissioner,

Goa State Information Commission

Panaji – Goa.