Central Information Commission
P. Kannan vs Ut Of Andaman & Nicobar on 10 October, 2023
Author: Uday Mahurkar
Bench: Uday Mahurkar
के न्द्रीयसच
ू नाआयोग
Central Information Commission
बाबागगं नाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईनिल्ली, New Delhi - 110067
द्वितीयअपीलसंख्या / Second Appeal No.:- CIC/UTOAN/A/2022/157285-UM
Mr. P. KANNAN
....अपीलकताा/Appellant
VERSUS
बनाम
CPIO
O/o. THE CHIEF JUDICIAL MAGISTRATE,
ANDAMAN & NICOBAR ISLANDS, NODAL CPIO,
RTI CELL, DISTRICT & SESSION COURT,
DISTRICT & SESSION COURT COMPLEX, PORT BLAIR,
ANDAMAN AND NICOBAR ISLANDS-744101
.... प्रद्वतवादीगण /Respondent
Date of Hearing : 09.10.2023
Date of Decision : 10.10.2023
Date of RTI application 17.10.2020
CPIO's response 15.01.2021
Date of the First Appeal 01.02.2021
First Appellate Authority's response Not on record
Date of diarized receipt of Appeal by the Commission 07.12.2022
ORDER
FACTS The Appellant vide RTI application sought information, as under:-
a. Provide certified copies of the details of advertisement published in newspaper in connection with the selection/ appointment of the said post in this office.
b. Provide certified copy of the details of documents related to the candidates applied for the post of Process Server in the O/o the District & Session Court, Port Blair and other courts including name, address, copies of all education qualification, copy of the local certificate and Aadhar card etc. Page 1 of 3 c. Provide certified copies of the list of the names of the candidates sponsored by the Employment Exchange, Port Blair in connection with the appointment of for the post of Process Server in the O/o the District & Session Court, Port Blair and other courts.
d. Provide certified copies of the details of the documents related to the candidates name, designation, work experience certificate, copies of the education qualification those persons are appeared before the selection committee through promotion/transfer/deputation and other ways for the purpose of selection of the post of Process Server in the O/o the District & Session Court, Port Blair and other courts including all file notings.
e. Provide certified copies of the details of the documents related to the selection process of the post of Process Server in the O/o the District & Session Court, Port Blair and other courts including selected candidates list, appointment order given to the eligible person, approved of the selection list by the higher authorities in A & N Admn including all file notings.
The PIO vide letter dated 15.01.2021 furnished a reply to the Appellant. Dissatisfied with the reply of the CPIO, the Appellant approached the FAA.The order of the FAA, if any, is not on the record of the Commission. Thereafter, the Appellant filed a Second Appeal before the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: The appellant attended the hearing through AC. Respondent: The respondent was not present despite notice.
The respondent remained absent during the hearing despite notice. The Appellant reiterated the contents of the RTI application and submitted that partial, false, and misleading information was provided by the CPIO. The appellant further stated that the FAA did not pass any order on the First Appeal filed by him. The appellant requested the Commission to impose penalty and disciplinary action against CPIO and FAA. Further, the appellant requested the Commission to direct the respondent to award compensation to him.Page 2 of 3
DECISION:
Keeping in view the facts of the case and the submissions made by the appellant and after perusal of the documents available on record, the Commission directs the Respondent to re-examine the RTI application and furnish correct and complete information to the Appellant, free of cost, in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 21 days from the date of receipt of this order under the intimation to the Commission.
Moreover, the Commission takes a serious view of the absence of the CPIO, District & Session Court, A&N despite the notice. The Commission directs him to submit a written statement before the Commission, explaining his absence, along with the comments of the First Appellate Authority, before 09.11.2023, both by post and by uploading on http://dsscic.nic.in/online-link-paper-compliance/add.
Furthermore, the Commission notes that the first appeal in the said matter has not been disposed of by the FAA. The Commission takes a very serious view of this lapse. The FAAs are entrusted with the responsibility of disposing of the first appeals within the stipulated time under the RTI Act. In this case, the FAA did not discharge its responsibility properly. The Commission, therefore, would like to counsel the FAA to be more careful in the future so that such lapses do not recur and that the provisions of the RTI Act are implemented in letter and spirit.
The Appeal stands disposed of accordingly.
(Uday Mahurkar) (उदय माहूरकर) (Information Commissioner) (सच ू ना आयुक्त) Authenticated true copy (अद्विप्रमाद्वणत एवं सत्याद्वपत प्रद्वत) (R. K. Rao) (आर.के . राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 ं / Date:10.10.2023 द्वदनाक Page 3 of 3