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Central Information Commission

M.I Sher Khan vs Ut Of Jammu And Kashmir on 21 June, 2022

                                    के   ीय सूचना आयोग
                           Central Information Commission
                                बाबा गंगनाथ माग, मुिनरका
                           Baba Gangnath Marg, Munirka
                            नई द ली,
                                  ली New Delhi - 110067

ि तीय अपील सं या / Second Appeal No. CIC/UTOJK/A/2020/114893

M.I. Sher Khan                                                ...   अपीलकता /Appellant
                                  VERSUS/बनाम

PIO, Chief Education Officer, Poonch                    ...   ितवादीगण /Respondent
Through:
Date of Hearing                        :   20.06.2022
Date of Decision                       :   21.06.2022
Chief Information Commissioner         :   Shri Y. K. Sinha

Relevant facts emerging from appeal:
RTI application filed on               :   11.02.2019
PIO replied on                         :   -
First Appeal filed on                  :   17.05.2019
First Appellate Order on               :   -
2ndAppeal/complaint received on        :   26.05.2020
 Information sought

and background of the case:

The Appellant filed an RTI application dated 11.02.2019 seeking information on the following point:-

Having not received any response from the CPIO, the Appellant filed a First Appeal dated 17.05.2019 which was not adjudicated by the FAA. Aggrieved due to non receipt of the information, the Appellant approached the State Information Commission with the instant Second Appeal. The Dy. Registrar, J&K State Information Commission vide notice dated 23.09.2019 directed the PIO/FAA to file counter statement/reply within 10 days.

Facts emerging in Course of Hearing:

Hearing was scheduled through video conference after giving prior notice to both the parties. Respondent alone attended the hearing through video conference, while the Page 1 of 2 Appellant remained absent and has not communicated the cause of absence to the Commission. The Respondent stated that the RTI application was received at their office only on 03.06.2019 and complete information obtained from the Jamia Zia Ul Uloom vide letter dated 11.06.2019 had been sent to the Appellant on 21.06.2019. Copy of relevant documents have been placed on record by the Respondent.

Decision:

Perusal of records of the case reveals that information as available in official records and which falls within the ambit of the Section 2(f) of the RTI Act, has been duly provided to the Appellant vide letter dated 21.06.2019, in terms of provisions of the Act. The Appellant has chosen not to buttress his case despite service of hearing notice. Hence the cause of dissatisfaction of the Appellant with the information provided to him cannot be ascertained.

In the given circumstances, since the information stands disseminated, no cause of action survives under the RTI Act.

Hence the appeal is disposed off as such.

Y. K. Sinha (वाई.

वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 2 of 2