KALI RAM Vs. STATE PUBLIC INFORMATION OFFICER-CUM-DEPUTY EXCISE & TAXATION COMMISSIONER
HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
State Public Information Officer -Cum -Deputy Excise And Taxation Commissioner
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S.M.KANTIKAR,PRESIDING MEMBER -
(1.) THE Complainant, Kali Ram,
was a Clerk at Check Post Sikanderpur, Gurgaon under the office of Deputy
Excise & Taxation Commissioner, Gurgaon. During his service in the year
1989 -90, his Deputy Commissioner recorded some adverse remarks in his Annual Confidential Report (ACR). The complainant made representation
against it but it was unheard. Therefore, he sought information from the
Public Information Officer (PIO) of the respondent by an application
filed under RTI Act, 2005 but the PIO did not furnish the required
information within 30 days and supplied incomplete information after
lapse of 28 days thereafter. Therefore, alleging deficiency in service on
the part of PIO of opposite party, the complainant filed a complaint
before the District Consumer Disputes Redressal Forum, Gurgaon (in short,
District Forum) seeking compensation of Rs.2,00,000/ - and sought
directions for complete information. The opposite party appeared before
the District Forum and stressed upon their point of non -maintainability
of such complaint. The District Forum allowed the complaint and held
liable the opposite party for deficiency in service and ordered
compensation of Rs.5,000/ - and Rs.3,000/ - as litigation charges to be
paid within 30 days.
(2.) AGGRIEVED by this order of District Forum, the opposite party filed an appeal before the State Consumer Disputes Redressal Commission,
Haryana (in short State Commission).
(3.) IT was vehemently argued by the opposite party before the State Commission that as there is provision for filing appeal under the RTI
Act, the complainant filed an appeal before the State PIO of the opposite
party. The said appeal was dismissed by appellate authority.
The State Commission relying upon the law laid down by Honble Supreme Court in the case of Khanapuram Gandaiah vs. Administrative
Officer and Ors. wherein it was held that the remedy for a party
aggrieved against the order of the Public Information Officer lies in a
challenge by way of appeal, revision or any other legally permissible
mode, allowed the appeal.;
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