CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 F.No.CIC/SS/A/2013/002796-YA F.No.CIC/YA/A/2014/000114 Date of Hearing : 28.01.2015 Date of Decision : 28.01.2015 Appellant : Shri D.B. Kumar Visakhapatnam Respondent : Shri K.V.K. Chand, Deputy Secretary & CPIO Visakhapatnam Port Trust Visakhapatnam Information Commissioner : Shri Yashovardhan Azad : : : : : 23.07.2013 23.08.2013 26.08.2013 & 02.09.2013 22.10.2013 25.10.2013 & 24.12.2013 Relevant facts emerging from appeal: RTI application filed on PIO replied on First Appeal filed on First Appellate Authority (FAA) order on Second Appeal received on Information sought: Appellant vide his RTI applications has sought information on 32 points relating to post of Personnel Officer, Visakhapatnam Port Trust. Relevant facts emerging during hearing: Both the second appeals are raised against the same RTI application and are thus clubbed together for hearing and disposal. Both the parties are present and heard through video conference. Appellant sought the above information by filing an RTI application dated 23.07.2013. PIO vide reply dated 23.08.2013 denied the information on the ground that any issue relating to the service matter are not covered under the purview of the RTI Act. FAA vide order dated 22.10.2013 directed the PIO to furnish the information on the specific points. Having not received any response from the PIO in compliance of FAA order, the appellant filed second appeal before the Commission. Appellant submitted that no information has been provided to him till today even after the order passed by the first appellate authority. Respondent submitted that the information was not provided to the appellant as the result was not declared at the relevant time and was kept in sealed cover. On a query by the Commission as to whether he has gone through the RTI application or not, the respondent is not able to answer the same. Further, the Commission desired to know as to whether FAA in his order discussed all the points of the RTI application specifying what information directed to be provided and what not. The respondent replied in the affirmative. Decision: After hearing both the parties and on perusal of record, the Commission directs the respondent to comply with the order of the first appellate authority within two weeks of receipt of this order under intimation to the Commission. Show cause notice is issued to the PIO, Visakhapatnam Port Trust, General Admn. Department, Personnel Division, for deliberately not providing information to the appellant and not complying with the order of FAA. PIO is afforded an opportunity of personal hearing on 26.02.2015 at 4 PM on which date he must present himself before the Commission. Written submission, if any, should reach the Commission by 19.02.2015 positively. If there are other persons responsible for not providing the information to the appellant, the PIO is directed to inform such persons in writing about the show cause notice and direct them to submit their written submissions, if any, and to attend the Commission’s hearing on the above mentioned date. In case the PIO, Visakhapatnam Port Trust, General Admn. Department, Personnel Division fails to comply with the Commission’s directions, it will be construed that he is the only person responsible for not providing information to the appellant as sought in his RTI application. The appeals are disposed of accordingly. (Yashovardhan Azad) Information Commissioner 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. (B.D. Harit) Deputy Secretary & Deputy Registrar