The appellant filed an RTI request seeking documents from a 1979 police case. The SPIO replied that the old records could not be found. In his first appeal, the appellant did not receive a satisfactory response. He has now filed a second appeal with the State Information Commission, seeking complete information, free of cost due to delay, and penalties for non-compliance with the RTI Act. He provides details of his RTI application and appeals, and requests a hearing and relief in the form of instructions to provide the information and impose penalties on the public authorities.
The appellant filed an RTI request seeking documents from a 1979 police case. The SPIO replied that the old records could not be found. In his first appeal, the appellant did not receive a satisfactory response. He has now filed a second appeal with the State Information Commission, seeking complete information, free of cost due to delay, and penalties for non-compliance with the RTI Act. He provides details of his RTI application and appeals, and requests a hearing and relief in the form of instructions to provide the information and impose penalties on the public authorities.
The appellant filed an RTI request seeking documents from a 1979 police case. The SPIO replied that the old records could not be found. In his first appeal, the appellant did not receive a satisfactory response. He has now filed a second appeal with the State Information Commission, seeking complete information, free of cost due to delay, and penalties for non-compliance with the RTI Act. He provides details of his RTI application and appeals, and requests a hearing and relief in the form of instructions to provide the information and impose penalties on the public authorities.
The appellant filed an RTI request seeking documents from a 1979 police case. The SPIO replied that the old records could not be found. In his first appeal, the appellant did not receive a satisfactory response. He has now filed a second appeal with the State Information Commission, seeking complete information, free of cost due to delay, and penalties for non-compliance with the RTI Act. He provides details of his RTI application and appeals, and requests a hearing and relief in the form of instructions to provide the information and impose penalties on the public authorities.
As I am aggrieved by decision of State Public Information Officer and First Appellate authority, I hereby file this appeal for your kind decision.
1. Details of appellant:
1.1 Full Name: Abhishek Mawle
1.2. Full Address: 3-4-846/1,Barkatpura,Hyderabad – 500 027.
1.3 Phone/Cell No : 094933 27297
2. Details of State Public Information Officer (SPIO):
2.1 Name/Designation: Inspector of Police,P.S,Kachiguda,Hyd.
2.2 Full Address: Inspector of Police,P.S,Kachiguda,Hyderabad – 500 027.
2.3 Name of Public Authority: Hyderabad City Police.
3. Details of First Appellate Authority [FAA]: Office of the Assistant Commissioner of Police, Kachiguda Divn,East Zone,Hyd 3.1 Name/Designation of the FAA: Office of the Assistant Commissioner of Police, Kachiguda Divn,East Zone,Hyd 3.2 Full Address of FAA: Office of the Assistant Commissioner of Police, Kachiguda Divn, East Zone,Osmania University, Hyderabad – 500 007. 4. Dates of RTI application/first appeal:
4.1 To SPIO: 16/05/2012
4.2 To FAA: 26/06/2012.
5. Particulars of Decisions:
5.1 Reference No & Date of SPIO’s Decision: - Lr,No.205/IKCG/OW/2012.
5.2 Reference No & Date of FAA’s Decision: No 2/RTI-Act/ACP-KCG/12.
5.3 Date/s of personal hearing by FAA: None.
6. Dates of receipt of replies by appellant from:
6.1 SPIO/SPIO: 01/06/2012.
6.2 FAA: 23/07/2012.
7. Details of information sought:
1. To get a certified copy of F.I.R, charge sheet, Evidence recorded in the case registered against Chandrashekar Mawle and others in the month of September, year 1979.Kindly provide me the documents of the same urgently.
2. Instruct the CPIO, in writing, to give complete information.
3. To instruct the CPIO to give a copy of the destruction certificate if the said records are destroyed.
4. To give me the retention schedule of the documents asked for.
5. Please provide me certified photocopy of pages of registers where the said records were last recorded to have existed. Name, designation and office address of the officers and other staff of the office who had last custody of the said records.
6. Date when the office first came to know that the said records are missing.
7. Details of efforts made to trace out the said records till date of your reply. Certified copy of FIR filed for the missing/non-tracing of said records. In case if FIR is not filed till date of your reply to this application, reasons for it be also made known to me.
8. Certified photocopy of departmental guidelines for preservation and safe custody of
records.
9. Certified photocopy of report made by your office to your higher officers and their reply on the matter of the said records.
10. Details of departmental action initiated against erring staff for the said records.
11. Certified photocopy of last audit queries and replies thereto in connection to said records.
12. Certified copy of record evidencing last periodical verification/inventory of old records undertaken by the dept/office as per prescribed procedure. If no inventory/verification is undertaken, reasons thereof be made known to me. 13. Name, designation and full address of PIO of the office where additional/duplicate copies would be available of the said record.
14. Please let me know if it is possible to retrieve the said record from computers.
15. Please provide me a sworn affidavit to this effect. [refer: CIC decision dated 06-11-2009 in Appeal No.CIC/SM/A/2008/00135 & SM/A/2009/001075].
8. Brief facts of the case:
I had applied to the Information officer cum SHO, Kachiguda Police Station to get a certified copy of F.I.R, charge sheet, Evidence recorded in the case registered against Chandrashekar Mawle and others in the month of September, year 1979, under the RTI Act 2005, as per my application dated 16-05-2012. The application was accompanied by IPO of Rs. 10.00 (Nr 98E 212409), as payment for application fees.
A copy of the said RTI application is attached herewith. (Total 1 page)
The Information officer cum SHO replied to me vide Letter No. Lr.No.205/IKCG/OW/2012 dated 01.06.2012 and informed me that “no record was found pertaining to the year 1979, since it was very old records. As such we cannot provide the same”.
I appealed the same with the appellate authority but did not receive satisfactory reply.
A copy of the said First Appeal is attached herewith. (Total 1 Page)
9. Reasons/grounds for this appeal:
Information has not been given to me and the replies thereof are not satisfactory.
10. Any other information in support of appeal:
The SPIO has informed that he does not wish to comment on some of my questions.
11. Prayer/relief sought for:
1) Instruct the SPIO, in writing, to give complete information as requested in my above
mentioned RTI Application and First Appeal.
2) To instruct the SPIO, in writing, to provide me the information “free of charge” as per Sec 7(6) of the RTI Act, since the information has been delayed beyond the mandated 30 days, as prescribed in Sec 7(1) of the RTI act. 4) I demand imposition of Penalty under Section 20(1) of the RTI Act, at the rate of Rs. 250.00 for every day of delay (subject to a maximum of Rs. 25,000.00) from the date the information was due (16th June 2009) till the date the information is actually given to me.
5) As per Sec 19(5) of the RTI Act 2005, during the appeal proceedings, the SPIO & the appellate authority, should be asked to explain their “deemed” denial of request for information, since the onus to prove that the denial of request was justified, is on the SPIO & the appellate authority.
12. Grounds for prayer/relief sought for:
Information has not been given to me.
13. Personal Presence at hearing: YES / NO: YES
14. Declaration:
I hereby state that the information and particulars given above are true to the best of my knowledge and belief.
Place: Hyderabad
Date: 24/08/2012 Signature of appellant
INDEX OF APPEAL
of Abhishek Mawle dated 24/08/2012 with SIC
1. Particulars Page Sr. No. from/ to
2. Original second appeal
3. Chronology chart of RTI application
4. Copy of RTI application dated 16/05/2012 with its enclosures.
5. DD/IPO/PS/Cash receipt for filing fees and other charges.
The application was accompanied by IPO of Rs. 10.00 (Nr 98E 212409).
6. Copy of first appeal dated 26/06/2012 with its enclosures
7. Postal A.D. card/Acknowledgement letter, received from SPIO & FAA 01/06/2012 & 23/07/2012
10. Copy of decision of SPIO dated 01/06/2012
11. Copy of decision of FAA dated 23/07/2012
12. Other documents in support of second appeal
Place: Hyderabad
Date: 24/08/2012 Signature of appellant/complainant
CHRONOLOGICAL CHART OF RTI APPLICATION
of Mrs. Mrs.Indira Srinivas Mawle dated 24/08/2012
