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1 Central Information Commission, New Delhi File No. File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ File No. CIC/SH/A/2015/ Right to Information Act 2005 Under Section (19) Date of hearing : 14th January 2016 Date of decision : 14th January 2016 Name of the Appellant : Shri Jolly George, House No. 56/2, Vinayaka Colony, Ward No. 08. Vill Prathrapur, PO Bathu Basthi, South Andaman, Port Blair Name of the Public Authority/Respondent : Central Public Information Officer, O/o. the Assistant Commissioner, (Sett) A & N Administration, Port Blair
2 The Appellant was present at the NIC Studio, Port Blair. On behalf of the Respondents, the following were present at the NIC Studio, Port Blair: 1. Shri Jaladharan, APIO. 2. Shri Rajimon, Head Surveyor. Information Commissioner : Shri Sharat Sabharwal The above eighteen appeals were listed for hearing today. In spite of a clear mention in the Commission s notice for such hearings that the CPIO should either be present himself or be represented by an officer not below the level of CPIO, the two CPIOs Shri Subhash Chander, Assistant Commissioner and Shri Santosh Prakash, Assistant Commissioner (the names were given to us by the representatives of the Respondents in response to our query) chose not to be present. Instead the above mentioned officers were deputed for the hearing. They were not well informed about the matters before us. In spite of sufficient advance notice, they had not come prepared, with the papers arranged properly in respect of each application. They were unable to answer our queries. In some cases, they drew our attention to replies of an interim nature given to the Appellant regarding transfer of an application by one office to another, but were
3 unable to give any information regarding the final disposal of the RTI application. We adjourned the hearing for fifteen minutes to give them time to arrange their papers properly, but the situation did not improve. The Appellant in this case has filed a large number of RTI applications, seeking information on land related issues. In response to our query, he stated that an application had been made for sub division of land, belonging to his father, Shri George (who has also been filing similar RTI applications), which was gifted to him (the Appellant). He claims that the sub division was not granted, even though it has been granted in similar cases of other persons. We had the occasion to deal with this matter in our order No. CIC/SH/C/2014/000361(plus seven files) dated , which disposed of six complaints and one appeal filed by Shri George. In view of the foregoing, it is important for us to have all the relevant papers of the Respondents before us while considering the above appeals. 2. In view of the foregoing, the matter is adjourned to be heard again on 2 nd February, 2016 at 1.30 p.m. The two CPIOs, Shri Subhash Chander, Assistant Commissioner and Shri Santosh Prakash, Assistant Commissioner, are directed to be present for the next hearing on at Room No. 305, 2 nd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi They should bring along all the
4 relevant papers pertaining to the above mentioned appeals. The venue for appearance of the Appellant shall be as follows: For the Appellant National Inforamtic Centre, 1 st Floor, A Block, General Pool Office Accommodation Complex (GPOA) Complex, Ranchi Basti (Near Dairy Farm), Port Blair, Andaman & Nicobar Islands The contact officer is Mr. Narasimha Rao, Scientist. The Appellant may instead appear in person before the Commission for the hearing on , if he so desires. 3. We have had earlier occasions also when the representatives deputed by various Respondents of the Andaman & Nicobar Administration were unable to make coherent submissions on behalf of the Respondents and the hearings had to be postponed. This results in wastage of time all around, particularly of this Commission. While there may be occasions when a CPIO may not be able to appear before us because of some urgent work, he can surely depute a senior enough officer, well versed with the facts of the case, to explain the position of the Respondents. We are constrained to bring the above to the notice of the Chief Secretary, Andaman & Nicobar Administration.
5 4. Copies of this order be given free of cost to the parties. Sd/ (Sharat Sabharwal) Information Commissioner Copy to: 1. Shri Anand Prakash, IAS, Chief Secretary, Chief Secretary Bunglow, Govt. of Andaman & Nicobar Administration, Port Blair Shri Subhash Chander, Assistant Commissioner (HQ) Deputy Commissioner s Office, Andaman & Nicobar Islands, Port Blair Shri Santosh Prakash, Assistant Commissioner Assistant Commissioner (Sett.), Deputy Commissioner s Office, Port Blair 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. (Vijay Bhalla) Deputy Registrar
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