Times of India: Panaji: Monday, 29 Jan 2024.
The Goa State Information Commission (SIC) said that beneficial provisions of the RTI Act cannot be defeated, and the right of information cannot be denied to a citizen of India. The SIC observed when the public information officer (PIO) argued on the maintainability of the petition filed by Sancoale resident Narayan Naik.
Naik approached the SIC after the information was not furnished to him under RTI by the PIO despite an order from the first appellant authority (FAA). Before that he filed a first appeal before the FAA, which had disposed the appeal by directing the PIO to furnish the information.
The PIO, in his reply and submissions stated that, as per the provision of Section 19 (3) of the Act, an appellant can file second appeal only against the decision of the FAA, meaning an appellant to file second appeal has got to be aggrieved by the decision of the FAA. However, there is nothing in the appeal to suggest that Naik was aggrieved by the decision of the FAA.
The PIO said that Naik appears to be aggrieved by his action of not furnishing information as sought by him and as directed by the FAA. Thus, Naik cannot seek recourse to the provisions of Section 19 (3) of the Act and file a second appeal if the PIO does not furnish the information as directed by the FAA.
“With respect to the above mentioned provisions of Section 19 of the Act, it is clear that Naik, if aggrieved by non receipt of the information, has first remedy under Section 19 (1) and second remedy under Section 19 (3) of the Act. Also, Section 19 (5) mandates the PIO to prove that denial of information was justified. Above all, Section 19 (8) authorises the commission to take any such steps as may be necessary to secure compliance with the provisions of the Act, in order to ensure that the eligible information is furnished to an applicant,” state information commissioner Sanjay Dhavalikar said.
“The commission is of the firm opinion that beneficial provisions of the Act cannot be defeated and the right of information cannot be denied to a citizen of India. Hence, the issue of maintainability of the present appeal is laid to rest,” Dhavalikar said.
The SIC said that Naik may visit PIO’s office to inspect the relevant records with respect to his application and directed the PIO to allow such inspection.
The Goa State Information Commission (SIC) said that beneficial provisions of the RTI Act cannot be defeated, and the right of information cannot be denied to a citizen of India. The SIC observed when the public information officer (PIO) argued on the maintainability of the petition filed by Sancoale resident Narayan Naik.
Naik approached the SIC after the information was not furnished to him under RTI by the PIO despite an order from the first appellant authority (FAA). Before that he filed a first appeal before the FAA, which had disposed the appeal by directing the PIO to furnish the information.
The PIO, in his reply and submissions stated that, as per the provision of Section 19 (3) of the Act, an appellant can file second appeal only against the decision of the FAA, meaning an appellant to file second appeal has got to be aggrieved by the decision of the FAA. However, there is nothing in the appeal to suggest that Naik was aggrieved by the decision of the FAA.
The PIO said that Naik appears to be aggrieved by his action of not furnishing information as sought by him and as directed by the FAA. Thus, Naik cannot seek recourse to the provisions of Section 19 (3) of the Act and file a second appeal if the PIO does not furnish the information as directed by the FAA.
“With respect to the above mentioned provisions of Section 19 of the Act, it is clear that Naik, if aggrieved by non receipt of the information, has first remedy under Section 19 (1) and second remedy under Section 19 (3) of the Act. Also, Section 19 (5) mandates the PIO to prove that denial of information was justified. Above all, Section 19 (8) authorises the commission to take any such steps as may be necessary to secure compliance with the provisions of the Act, in order to ensure that the eligible information is furnished to an applicant,” state information commissioner Sanjay Dhavalikar said.
“The commission is of the firm opinion that beneficial provisions of the Act cannot be defeated and the right of information cannot be denied to a citizen of India. Hence, the issue of maintainability of the present appeal is laid to rest,” Dhavalikar said.
The SIC said that Naik may visit PIO’s office to inspect the relevant records with respect to his application and directed the PIO to allow such inspection.
.JPG)
.JPG)
