Facts
The appellant filed an RTI application seeking some information on the date 22.07.2019. After not receiving any response from the CPIO, the appellant filed the First appeal on the date 30.08.2019. In return to this the FAA, it was stated that there were no available records. feeling dissatisfied with the information, the appellant came to the commission immediately with the second appeal. During the hearing, the appellant was not present and no information was provided by him regarding his contacts in his second appeal. The Commission also observed that the main claim raised by the appellant was not the required particulars.
Arguments before the Court
The CPIO submitted every relevant reply and accessible information provided to the appellant and this was evident from the letter dated 19.09.2019, 05.09.2019, and 28.09.2019. Moreover, he submitted that even after sending a request to the appellant for getting a copy of the measurement book and test report on payment of Rs. 48, he didn’t respond and even paid the required fees. Hence, the copy of the documents was not given to the appellant in opposition to point 5 of the RTI application.
Court’s Observation
The court observed that due to the non-presence of the appellant and non-availability of the appellant’s whereabouts during the hearing, he persuaded the commission to dispose of this case immediately after the submission of CPIO’s reply. The commission further observed that the facts and records present in the appellant’s appeal were not relevant and point no. 1,2,3,4,6,7,8 & 9 of the RTI application did not conform to Section 2(f) of the RTI Act. The court further stated that the appellant should know that Section 2(f) of the RTI Act includes all the subtraction and the intrusions drained by the CPIO was unjustified and it can cause pressure on the CPIO.
Court’s Decision
Keeping in mind the unavailability of the appellant, the court saw that presence of the appellant in obtaining the CPIO’s reply was unresolved. Moreover, the commission decided and directed the CPIO to resend a copy of amended replies along with a copy of the measurement book and test report as looked for at point 5 of the RTI Application. These replies should be provided to the appellant by the CPIO free of cost within a period of 15 days via speed post.
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