Central Information Commission Judgements

Mr.Saji Joseph vs Ut Of Andaman And Nicobar on 27 September, 2011

Central Information Commission
Mr.Saji Joseph vs Ut Of Andaman And Nicobar on 27 September, 2011
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office)
                           Old JNU Campus, New Delhi - 110067
                                  Tel: +91-11-26161796

                                                            Decision No. CIC/SM/A/2011/000830/SG/14873
                                                                    Appeal No. CIC/SM/A/2011/000830/SG
Relevant Facts

emerging from the Appeal:

Appellant                                        :       MR SAJI JOSEPH
                                                         HOD Physical Education
                                                         M.G.Govt. College
                                                         Mayabunder-744 204
                                                         A&N Islands

Respondent                                           :   Mr. N. Balakrishnan
                                                         PIO & Assistant Professor
                                                         M.G Govt. College,
                                                         Andaman & Nicobar Islands.
                                                         Mayabunder-744204,

RTI application filed on                     :            24-09-2010
PIO replied                                  :            NOT ENCLOSED
First appeal filed on                        :            16-11-2010
First Appellate Authority order              :            30-11-2010
Second Appeal received on                    :             24-02-2011

Q.No.       Information Sought                                   Reply of PIO
1.          LetterNo.3-IGJMGGCM/2008/62, dated 16th /            No Reply.
            I7thJuly 2008.
2.          Letter No.3-I 6/MGCCMJO8/69, dated 29                No Reply.
            July 2008.
3.          Letter No.3-i 6/MGGCMI2008/j, dated 3 I              No Reply.
            July 2008

Ground of the First Appeal:
No reply from the PlO.

Order of the FAA:

The PIO has not furnished the information within the time limit specified under Section 7 (1).

Ground of the Second Appeal:

The PIO reply was not satisfactory

Relevant Facts emerging during Hearing:

The following were present
Appellant: Absent;

Respondent: Mr. N. Balakrishnan, PIO & Assistant Professor and Mr. Dr. Manik Mali, the then PIO
on video conference from NIC-Port Blair Studio;
The Appellant had sought attested copies of three letters mentioned by him on July 2008. The PIO
states that the said file of 2008 is not available. The Commission therefore directs the PIO to file a police
complaint regarding the theft/loss of the said file giving the names of the officers who last handled the
file. The PIO will provide a copy of the police complaint to the Appellant before 30 October 2011.
Decision:

The Appeal is allowed.

The PIO is directed to file a police complaint as directed above and provide a copy
of the complaint to the Appellant before 30 October 2011.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
27 September 2011
(In any correspondence on this decision, mention the complete decision number.)(GS)