CENTRAL INFORMATION COMMISSION
Appeal No.F.No.CIC/PB/C/2008/00893/LS
Appellant : Mr. Munas K. Meethal
Public Authority : Mahe Municipality
(through Shri P. Surendran, Commissioner i/c, Mahe
Municipality)
Date of Hearing : 02-02-2009
Date of Decision : 02-02-2009
FACTS
:
By his letter of 23/6/2008 the Appellant requested for information on nine
points relating to women empowerment program of SJSRY. It appears that no
information was furnished to him. Hence, the present appeal.
2. The matter was heard on 02/02/2009. The Appellant appeared before the
commission. The Public Authority is represented by Shri P. Surendran,
Commissioner i/c Mahe Municipality. It is the submission of the Appellant that his
RTI application has not been responded to. He has also brought to my notice
another application dated 25/6/2008 addressed to PRO of Mahe Municipality which
is re-produced below:
“1. A copy of the Minutes of the Meeting of the Mahe Municipal Council held
on 31/07/2007 with the relevant Opinions, Discussions and Decisions
thereon recorded in respect of the waste removal program to be
implemented.
2. A copy of the recorded Opinion expressed by the Hon’ble Mahe Municipal
Chairman in the above said Meeting in respect of the Waste Removal
Program and his Stand thereon.
3. On the basis of the real facts and available accounts it is revealed clearly
that nearly Rs.10 lakhs of Public Fund has been mal-utilised for the
unsuccessful implementation of the Waste Removal Program which has
completed 116 days as on today commencing from 01/03/2008. In such a
situation the present Attitude / Stand of the Hon’ble Mahe Municipal
Chairman in regard to the above program and the action proposed to be
taken for its success and about the mis-utilisation of the Public funds.
4. A copy of the recorded Opinion/Stand of each and every Councilors of
Mahe Municipality expressed in the meeting held on 31/07/2007, and their
present Attitude/Stand in regard to Waste Removal Program which has
completed 116 days as on today as on today commencing 01/03/2008.”
3. The Appellant submits that he essentially requires point-wise information on
the above points and that, too, free of cost as he belongs to “Below Poverty Line”
family. In addition, the Appellant also requests for award of compensation in terms
of section 19(8)(b) of the RTI Act, in as much as he has travelled all the way from
Mahe to Puducherry, at his personal expenses and has under-gone mental and
physical harassment due to non-supply of information to him by the Mahe
Municipality Commissioner. In short, the submissions of the Appellant are three fold
(a) that he should be provided information free of cost.,
(b) that he should be paid compensation for visiting Puducherry at his own
cost as also for physical and mental harassment under gone by him and
(c) that the Municipality is not functioning pro-actively as far as RTI is
concerned.
4. Shri P. Surendran, Commissioner i/c would submitt the following:-
(a) that he is holding additional charge of Commissioner, Mahe Municipality
with effect from 01/11/2008 and he is not responsible for non-supply of
information to the Appellant;
(b) that no compensation is payable to the Appellant, due to any dereliction of
duty of his part; and
(c) that he has no objection to providing point-wise information requested for
by the Appellant.
DECISION
5. In view of the above, the following decision is recorded.
(a) Shri P. Surendran, Commissioner i/c Mahe Municipality, would provide
point-wise information to the Appellant in next three weeks time, free of
cost;
(b) A compensation of Rs.2000/- will be paid to the Appellant for travelling all
the way from Mahe to Puducherry; for making arrangements for his stay
at Puducherry, including incidental expenses involved; for getting requisite
documents, photostated in connection with this appeal; and, for mental
and physical harassment undergone by the Appellant in the whole
process. It is, however, clarified that the payment of this compensation has
no reflection on the functioning of Shri P. Surendran, as he has been
incharge of Municipality with effect from 1/11/2008; and
(c) Shri P. Surendran is also directed to pro-actively disclosure in terms of
section 4(1(b) of RTI Act
6. The matter is disposed of subject to the above directions.
Sd/-
(M.L. SHARMA)
CENTRAL INFORMATION COMMISSIONER
Authenticated true copy, Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the CPIO
of this Commission
(K.L. Das)
Assistant Registrar