15240/IC-MR/2010

A.P. Information Commission
(Under Right to Information Act, 2005)
Samachara Hakku Bhavan (Old ACB Office),
Mozam Jahi, Market, Hyderabad – 1.
Phone: 2474 0240 (O), 2474 0592 (F)
Appeal No:15240/SIC-MR/2010,
Order dated: 06-05-2014
Appellant
: Sri Jarabala Swamy, S/o Magatha, Peda Thanda,
Respondents
: 1) The Revenue Divisional Officer/ The Public
Cheemalapadu (Village), A.Konduru (Mandal),
Krishna District - 521 226.
Information Officer (U/RTI Act, 2005), Nuzvid,
Krishna District – 521 201.
2) The District Revenue Officer/ The Appellate
Authority (U/RTI Act, 2005), O/o District
Collector, Krishna – 521 001.
ORDER
Sri Jarabala Swamy, S/o Magatha, Peda Thanda, Cheemalapadu (Village),
A.Konduru (Mandal), Krishna District has filed a second appeal dated 15-12-2010
received by APIC on 24-10-2010 for not getting information sought by him from the
Public Information Officer/ The Revenue Divisional Officer , Nuzvid well as the First
Appellate Authority/ The District Revenue Officer, Krishna.
The brief facts of the RTI petition and other records received along with it are
that the appellant herein filed a RTI application dated 08-08-2010 before the Public
Information Officer seeking the following information:
Twenty five queries, information on issues about Forest lands were sought
in detail pertaining to Forest Rights, Gram Sabhas, pertaining to Cheemalapadu
of A. Konduru Mandal, Forest Right Committee, beneficiaries, approvals by
Revenue Divisional Officer , District Level Committee, all related records.
Since the appellant did not get any response from the Public Information
Officer, he filed a first appeal dated 23-10-2010 before the First Appellate Authority
requesting him to furnish the information sought.
As the appellant did not get any response from the First Appellate Authority,
he preferred second appeal before this Commission requesting to arrange to furnish
the information sought by him.
After examining the material papers available on record, the Complaint was
taken on file and notices were sent to the parties concerned directing them to appear
before this Commission for hearing on 31-01-2014 at Rajahmundry.
On 31-01-2014 the case is called. The appellant/Shri. J.Swami, is absent.
Shri S. Narasimha Rao/I/c Public Information Officer, the Administrative Office, O/o
Revenue Divisional Officer, Nuzvid is present. Shri K.V.N.Chakradar Rao, the Revenue
Divisional Officer/ the First Appellate Authority, Nuzvid is absent.
Heard the Public Information Officer and perused the records.
(P.T.O)
-2The 6 (1) application under RTI Act, 2005, dt.08-08-2010 was received by the
office of the Public Information Officer on 10-8-2010. The application was transferred
by Public Information Officer to Divisional Forest Officer, Vijaywada & Dist. Tribal
Welfare Officer, vide End. No.Rc.A/1136/2010, dt.05-09-2010. The Public Information
Officer furnished reply vide letter No.Rc.A/1136/2010 dated.8-2-2013. Evidence by
way of dispatch registrar/RPAD receipts/acknowledgement by applicant was
produced.
It may be mentioned here that when the matter came up for hearing on
28-12-2012 both the appellant and Public Information Officer were present. The
applicant had then submitted before the Commission that he filed 6 (1) application
under RTI Act, 2005, on 8-8-2010 which was received by the Public Information
Officer on 10-8-2010. The Public Information Officer/the Revenue Divisional Officer,
Nuzvid who had appeared then submitted that the RTI application of the appellant
was transferred to Dist. Tribal Welfare Officer, Vijaywada and Divisional Forest
Officer, Vijaywada, vide RC. A /1136/2010dt.5-9-2010 O/o the Revenue Divisional
Officer, Nuzvid for furnishing information.
The letter was also marked to the appellant but the same was received by the
appellant on 04-9-2012 ie., after a period of two years.
The Commission on hearing either side had directed the Public Information
Officer to furnish all the available information within (30) days through RPAD, as the
applicant was reluctant to receive the available information in the presence of
Commission. The Commission then had also directed the Public Information Officer to
give categorical reply on unavailable information.
It would be necessary to mention here that there is nothing on record to show
that the Public Information Officer complied with the direction of this Commission the
incharge Public Information Officer present today before the Commission is unable to
impress upon this Commission as to whether the available information is furnished to
the applicant or not.
The Commission therefore directs the Public Information Officer, the Divisional
Forest Office, Vijaywada and the Public Information Officer, District Tribal Welfare
Officer, Vijaywada, Krishna District to furnish all the available and held information
to RTI Applicant within (20) days from the date of receipt of this order through RPAD
under intimation to this Commission. The District Revenue Officer, Krishna District
will ensure compliance and report the compliance by 15-06-2014.
With the above direction the appeal is closed.
M. RATAN
Authenticated by:
STATE INFORMATION COMMISSIONER
Asst. Registrar
Copy to: SO / OC / SF
Copy To
1. The Divisional Forest Office, Vijaywada, Krishna District. (Along with
6(1) copy)
2. The District Tribal Welfare Officer, Vijaywada, Krishna District. (Along with
6(1) copy)