Mr. P. Jagadeesan vs Local Administration … on 11 August, 2008

          CENTRAL INFORMATION COMMISSION
                                                                   Appeal No.2630/ICPB/2008
                                                                       F. No. PBA/2007/1394
                                                                             August 11, 2008

             In the matter of Right to Information Act, 2005 - Section 19
                         [Hearing at Puducherry on 24.7.2008 at 3.00 p.m.]


Appellant:          Mr. P. Jagadeesan

Public authority:   Local Administration Department
                    Mr. E. Vallavan, Director (LA) & PIO
                    Mr. A.K. Chaturvedi, Secretary (LA) & Appellate Authority

Parties Present:    For Respondent:
                    Mr. E. Vallavan, Director (LA)

                    Appellant not present.

FACTS

:

The appellant has sought information under RTI Act by his application
dated 27.11.2006 regarding disposal of his appeal petition dated 17.12.2004 on
the order of the disciplinary authority. The PIO vide letter dated 28.12.2006 has
informed the appellant that this petition is under scrutiny. Not satisfied the
appellant preferred appeal before the first AA on 18.1.2007. The AA has
disposed of the appeal on 30.3.2007 reiterating the decision of PIO. Moreover
he has stated that the appellant is seeking relief for reinstatement, which is
outside the purview of the RTI Act. Aggrieved, the appellant preferred this
appeal before the State Information Commission, which has been transferred to
this Commission as the State Commission was wound up. Comments were
called for from the public authority which was received on 18.3.2008.

DECISION:

2. This case came up for hearing on 24.7.2008, which was attended by the
concerned officials of the Department. The appellant did not attend the hearing.
I have gone through the RTI application and other replies received in this
connection. It is learnt during the hearing the appellant was an employee of the
one of the municipalities. On some misappropriation of funds case an enquiry
was conducted and major penalty was imposed on him. The appellant preferred
an appeal on this decision. The appeal was pending when the RTI application
was filed and now it is disposed of. These facts have already been informed to
the appellant. The PIO pointed out that the appellant is requesting for
reinstatement in the service. I am satisfied with the reply given by the public

1
authority. For reinstatement the appellant has to approach appropriate legal
forum instead of coming under RTI Act. In these lines, the appeal is disposed of.

Let a copy of this decision be sent to the appellant and CPIO.

Sd/-

(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :

(Prem Singh Sagar)
Under Secretary & Assistant Registrar

Address of parties :

1. Mr. E. Vallavan, Director (LA) & PIO, Local Administration Department,
Committee on Identification of Activities of Local Bodies, No. 2, Rue Del
Eveche, Puducherry-605001

2. Mr. A.K. Chaturvedi, Secretary (LA) & Appellate Authority, O/o Secretary
(Local Administration), Chief Secretariat, Puducherry.

3. Mr. P. Jagadeesan, Bill Collector Gr-I, Pondicherry Municipality,
Puducherry.

2