Penalty No. 12/2014 in Appeal 103/SCIC/2013 on 19/11/2014

GOA STATE INFORMATION COMMISISON

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

Coram : Smt. Leena Mehendale, State Chief Information Commissioner

Penalty No. 12/2014

in Appeal No.103/SCIC/2013

Decided on :19/11/2014

Shri Gabriel Joseph Fernandes

R/o.H.No.132, Umtavaddo,

Calangute, Bardez, Goa. ..….…..Complainant

V/s

Shri K.D. Pagui

Then Calangute Village Panchayat Secretary/PIO,

(24/04/2012 to 18/12/2013),

Naikawaddo, Calangute,

Bardez, Goa. ……. Opponent

INTERIM O R D E R (Open Court)

RTI application filed on : 08/03/2013

PIO reply : 17/04/2013

First Appeal filed on : 16/05/2013

FAA Order dated : 24/06/2013

Second Appeal filed on : 20/08/2013

SCIC Order dated : 20/02/2014

1) This penalty proceeding arises out of Showcause Notice dated 29/05/2014 issued in view of SCIC order dated 20/02/2014 in second Appeal No. 103/SCIC/2013.

2) When matter came up for hearing on 19/11/2014, appellant is present. However none present for then PIO K.D. Pagui. So it is taken that he has nothing to add to his reply dated 23/07/2014.

3) In view of FAA’s detailed order he is defaulter and the explanation filed on 23/07/2014 is not satisfactory at all. I therefore order that a part penalty of Rs. 3000/- is hereby imposed on him.

Contd---2/-

--2--

4) Appellant prays for maximum penalty of Rs. 25,000/-. I feel it justified to give one last chance to the then PIO to explain why the part penalty of 3,000/- may not be increased as prayed by the Complainant. Issue order and fresh notice for increased quantum of penalty.

• O R D E R -

A part penalty of Rs. 3000/- is imposed on the then PIO which should be credited within 30 days and compliance should be filed. A copy of this order should be sent to Director of Panchayat to ensure compliance. In addition, last chance is given to the opponent to explain why an increased penalty should not be imposed. Registry to issue notice for enhanced penalty. Declared in Open Court. Inform the Parties.

Sd/-

( Leena Mehendale)

Goa State Chief Information Commissioner,

Goa State Information Commission

Panaji – Goa.