Central Information Commission
Kondamuri Kusuma Nagendra Prasad vs Ut Of Puducherry on 13 April, 2021
Author: Uday Mahurkar
Bench: Uday Mahurkar
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No.:- CIC/UTPON/A/2019/125080-UM
Mr. Kondamuri Kusuma Nagendra Prasad,
....अपीलकताग/Appellant
VERSUS
बनाम
CPIO,
O/o Department OF Revenue and
Disaster Management Puducherry - 605013
प्रनतवािीगण /Respondent
Date of Hearing : 09.04.2021
Date of Decision : 12.04.2021
Date of RTI application 05.11.2018
CPIO's response 01.12.2018
Date of the First Appeal 02.01.2019
First Appellate Authority's response 02.05.2019
Date of diarized receipt of Appeal by the Commission 28.05.2019
ORDER
FACTS The Appellant vide his RTI application sought information on 04 points:
Page 1 of 3The PIO cum Special Officer, Deptt. of Revenue and Disaster Mgmt, vide letter dated 01.12.2018 in respect to point nos. A to D informed that your Complaint petition dated 17.10.2018 was forwarded to the Deputy Collector (Revenue), Yanam and the Appellant was advised to approach the said office for obtaining further information.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The FAA vide order dated 02.05.2019 observed that the information has been furnished and upheld the reply of PIO, however it was directed that the PIO shall forward the RTI Application to the PIO of the Office of the Deputy Collector (Revenue), Yanam. In Compliance of which the RTI Application was again forwarded to PIO, O/o. Deputy Collector, Yanam vide Letter dated 08.05.2019.
Thereafter, the Appellant filed a Second Appeal before the Commission with a request to provide correct and complete information.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Mr. K.K.N. Prasad, through VC; Respondent: Mr. P.S. Ravi Chandran, Special Officer/ PIO, through VC.
The Appellant while reiterating the contents of the RTI Application submitted that no clear and satisfactory response had been furnished by the Respondent. The Respondent present during the hearing submitted that the RTI Application does not pertain to their Department and was transferred to the concerned Department by the CPIO vide Letter dated 13.11.2018 and 08.05.2019 which relates to the unauthorized quarrying of sand and that they failed to furnish a reply to the Appellant.
The Commission was in receipt of a written submission by the Respondent dated 06.04.2021, wherein replies of the CPIO/ FAA were reiterated. (Along with annexure).
Page 2 of 3DECISION:
The information sought by the Appellant is very important for the protection of environment because sand mining in river beds by sand mafia is severely and negatively affecting the environment not just in Pondicherry but across various parts of the Country. It is an issue of national importance and this Appeal is seen by the Commission as part of it. Therefore, after hearing both the parties, the Commission directs the CPIO, O/o. The Deputy Collector (Revenue), Yanam to furnish a detailed revised reply to the Appellant directly within 15 days from the date of receipt of this order under the intimation to this Commission in keeping with the spirit of transparency and accountability as enshrined in the Act.
The Appeal stands disposed off accordingly.
(Uday Mahurkar) (उिय माहूरकर) (Information Commissioner) (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत एवं सत्यानपत प्रनत) (R. K. Rao) (आर. के . राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 / [email protected] दिनांक / Date: 12.04.2021 Copy to:
1. The Chief Secretary, Pondicherry- 605001
2. District Collector (Revenue), Yanam- 533464
3. The PIO, O/o. The Deputy Collector (Revenue), Yanam- 533464 Page 3 of 3