Central Information Commission
Suguna V vs Ut Of Puducherry on 8 July, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File Nos: CIC/UTPON/C/2023/619176,
CIC/UTPON/A/2023/619433
Suguna V ....निकायतकताग /Complainant
Appellant
VERSUS
बनाम
PIO,
Office of the District Collector,
Duplex St, Karaikal- 609602.
PIO,
SECRETARY TO COLLECTOR,
GOVT. OF PUDDUCHERRY,
COLLECTORATE, KARAIKAL- 609602 ....प्रनतवािीगण /Respondents
Date of Hearing : 04.07.2024
Date of Decision : 05.07.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned Appeal and Complaint have been clubbed together for
decision as these are based on similar RTI Applications, hence are being
disposed of through a common order.
Relevant facts emerging from complaint:
RTI application filed on : 30.01.2023
CPIO replied on : Not on record, 15.02.2023
First appeal filed on : 15.03.2023
First Appellate Authority's order : 30.03.2023
2nd Appeal/Complaint dated : Nil
Page 1 of 6
CIC/UTPON/C/2023/619176
Information sought:
The Complainant filed an RTI application dated 30.01.2023 seeking the following information:
a. Please provide the action taken for complaint letter against deputy surveyor sent by me on 07.12.2022.
b. Please provide whether any enquiry conducted by calling the complainant, if conducted means, provide date and time enquired. c. Please provide the reason for not conducting any enquiry against deputy surveyor d. Please provide the timeline for the closure of complaint e. Please provide whether this complaint closed or not, if closed means have you sent the copy of complaint closure letter, if not sent means provide the reason for not sending f. Please provide the copy of complaint letter against survey and land records office karaikal, from 01.01.2020 to 30.01.2023, provide the action taken against that received complaints, if any pending means provide the reason for not closure.
Having not received any response form the CPIO, the complainant filed a First Appeal dated 15.03.2023. The FAA vide its order dated 30.03.2023. held as under.
Verify online portal, if any information provided by the PIO of the Collectorate, Karaikal for your request through online under RTI Act. If there is no information provided by the PIO, resubmit the appeal for consideration.
CIC/UTPON/A/2023/619433 Information sought:
The Appellant filed an RTI application dated 30.01.2023 seeking the following information:
a. Please provide the action taken for complaint letter against deputy surveyor sent by me on 07.12.2022.
b. Please provide whether any enquiry conducted by calling the complainant, if conducted means, provide date and time enquired.Page 2 of 6
c. Please provide the reason for not conducting any enquiry against deputy surveyor.
d. Please provide the timeline for the closure of complaint. e. Please provide whether this complaint closed or not, if closed means have you sent the copy of complaint closure letter, if not sent means provide the reason for not sending.
f. Please provide the copy of complaint letter against survey and land records office karaikal, from 01.01.2020 to 30.01.2023, provide the action taken against that received complaints, if any pending means provide the reason for not closure.
The CPIO furnished a reply to the Appellant on 15.02.2023 stating as under:
A to F. Complaint letter was forwarded to the Assistant Director of Survey, Branch Survey Office, Karaikal on 09.12.2022 for necessary action and the subject matter is under process.
Being dissatisfied, the appellant filed a First Appeal dated 15.03.2023. The FAA vide its order dated 30.03.2023. held as under.
Verify online portal, if any information provided by the PIO of the Collectorate, Karaikal for your request through online under RTI Act. If there is no information provided by the PIO, resubmit the appeal for consideration.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant/Appellant: Not Present.
Respondent: Shri Vidhyadhar, Supdt. & PIO and Shri Chandru, Assistant Director present in person.
Written submissions of the Respondent are taken on record and the same is reproduced hereinbelow:
"It is submitted the Mrs. V. Suguna, W/o N. Vendan, No. 5/1, Middle Street, Thalatheru, Karaikal submitted petition to the District Collector, Karaikal signed Page 3 of 6 by the appellant regarding complaint about the transfer of Patta by subdivision, Belligerent and arrogant nature against Deputy Surveyor Thiru. Periyardasan vide receipt No. 12541 dated 08.12.2022.
The Public Grievance Petition received by this office and the same was endorsed to the Assistant Director of Survey, Branch Survey office, Karaikal dated 09.12.2022 for redressal.
Smt. V. Suguna, No. 5/1, Middle Street, Thalatheru, Karaikal filed an online RTI application vide Reg. No. CKUTP/R/E/23/00002 dated 30.01.2023 before the Public Information Officer cum Secretary to Collector, Collectorate, Karaikal requesting to provide action taken on her petition dated 08.12.2022 to the District Collector, Karaikal On receipt of the RTI application the PIO-cum-Secretary to Collector, Karaikal has furnished the reply vide No. DCK/RTI/704/2022/T dated 15.02.2023 through online about the details of action taken and also informed that the complaint dated 08.12.2022 was forwarded to the Assistant Director of Survey, Branch Survey Office, Karaikal for necessary action and the subject matter is under process The appellant/petitioner has filed First Appeal before the FAA of the Collectorate vide Reg. No. CKUTP/A/E/23/00001 dated 15.03.2023 and stated that the PIO has not given requested information and no reply had been received within 30 days to the applicant as per RTI Act, 2005 and instruct to give complete information as requested in the RTI application and issue a warning to the PIO under the Rules and Regulations of Service.
The First appeal has been returned to the appellant dated 30.03.2023 and stated that to verify the online portal for the information provided by the PIO of the Collectorate, Karaikal and if there is no information provided by the PIO then resubmit the appeal for consideration. The respondent has provided information within time stipulated under RTI Act, 2005 about the actual status of the complaints. The Appellant has not resubmitted the appeal petition to the FAA after attending the queries and directly file second appeal/complaint before CIC In terms of RTI Act, only such information can be supplied under this Act which already exist and it is held by the Public Authority or held under the control of Public Authority. In this case the PIO of Collectorate had furnished available information with him.Page 4 of 6
It is submitted that there is no lapses on the part of the PIO of the Collectorate, Karaikal since the actual status of complaint was informed to the appellant."
During the hearing, the Respondent apprised the Commission that the Complainant/Appellant vide her e-mail dated 03.07.2024 had informed them that "With reference to the above mentioned subject the second appeal no. CIC/UTPON/C/2023/619433 to provide the information which was got it by me, and the grievance raised by me in the RTI CIC/UTPON/C/2023/619I76 is resolved, hence I request you to withdraw the both second appeal and complaint made by me for the same."
Decision:
The Commission upon a perusal of records and after considering the above- mentioned submissions of the Complainant/Appellant, finds liable to be dismissed as withdrawn.
Accordingly, the above-mentioned complaint and second appeal are dismissed as withdrawn.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 6 Copy To:
The FAA Director of Survey of Land and Records, Karaikal-609603.Page 6 of 6
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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