A.P.

INFORMATION COMMISSION
(Under Right to Information Act, 2005)
Samacharu Hakku Bhavan (Old ACB Building)
A.P. Housing Board Building,
Mojamjahi Market, Hyderabad – 500001, A.P.
Ph: 24740668 / (O) / 24740109 (F)

Appeal No. 11517/SIC-MVN/2011

Order dated 25-11-2013
Name of the Appellant & : Sri. T. Srinivas, R/o F.S.O., H.No.031, Shapally
Address (V), Gudur (P), Jaffergad (M),
Warangal District – 506252.

Name of the Respondents : Public Information Officer (U/RTI Act, 2005)/

O/o Divisional Forest Officer, Forest Department,
Warangal South Division, Warangal District.

Appellate Authority (U/RTI Act, 2005)/

Divisional Forest Officer, Forest Department,
Warangal South Division, Warangal District

ORDER

Sri T. Srinivas, R/o F.S.O., H.No.031, Shapally (V), Gudur (P), Jaffergad (M),
Warangal District – 506252 has filed a 2nd appeal dated 08-12-2011 which was
received by this Commission on 09-12-2011 for not getting the information sought by
him from the PIO / O/o Divisional Forest Officer O/o Forest Department, Warangal
South Division, Warangal District and Appellate Authority / O/o Divisional Forest
Officer, Forest Department, Warangal South Division, Warangal District.

The brief facts of the case as per the appeal and other records received along
with it are that the appellant herein filed an application dated 01-02-2011 before the PIO
/ O/o Forest Department, Warangal South Division, Warangal District requesting to
furnish the information on the following items:

The PIO / O/o Forest Department, Warangal South Division, Warangal

District vide Letter No. Order No.4424/2010/D.U. dated 09-03-2011 has furnished the
information that the information is related to the 3rd party.

Stating that he is not satisfied with the information furnished by the Public
Information Officer, the appellant filed an appeal u/s 19(1) dated 14-03-2011 before the
Appellate Authority / O/o Divisional Forest Officer, Forest Department, Warangal
South Division, Warangal District requesting to arrange to supply the information.

Continued - - - - -
 The Appellate Authority / Forest Department, Warangal South Division,
Warangal District vide Letter No. Rc.No.4318/2010/S1 dated 17-03-2011 has
furnished the information to the Conservator of Forests, Warangal Circle, Warangal
District & the District Collector, Warangal District.

The appellant stated that as he did not get the complete information even after 30
days of filing his appeal, he filed this 2nd appeal before this Commission requesting to
take action against the PIO and the Appellate Authority for not furnishing information
sought by him and also to arrange to furnish the information sought by him.

The 2nd appeal was taken on file and notices were sent to the parties concerned
directing them to appear before the Commission for hearing on.

The case was called on 23-10-2013, 06-11-2013, and finally on 25-11-2013.

The Appellant/ Sri. T. Srinivas is present.

The PIO / O/o Divisional Forest Officer, Warangal South Division,

Warangal District is present.

The Appellate Authority /Divisional Forest Officer, Warangal South

Division, Warangal District is present.

Heard the PIO and perused the records.

The appellant sought photocopies of evaluated answer sheets of Forest

Section Officers selection exam held in 2010. The PIO furnished the Answer
Sheets of the paper “General Knowledge and Mathematics” and “Essay
Paper”. Scrutiny of the paper “General Knowledge and Mathematics” related
that there was a mistake in totaling of marks. He was initially awarded 46
marks instead of 48 marks. If he had scored 48 marks in this paper (with
grand total of 153 marks) he would have been selected for the post of
Forest Section Officer instead of another candidate (who scored a grand total
of 152 marks).

The PIO confirmed this at the hearing.

Supreme Court of India in State of Gujarat vs Shri Shantilal Mangaldas

& Ors. (On 13 January, 1969; Equivalent citations: 1969 AIR 634, 1969 SCR
(3) 341) held as follows:

“Article 31 guarantees that the law providing for compulsory

acquisition must provide for determining and giving compensation for the
property acquired. The expression “compensation” is not defined in the
Constitution. Under the Land Acquisition Act compensation is a ways paid in
terms of money. But that is no reason for holding- that compensation which
is guaranteed by Art.31(2) for compulsory acquisition must be paid in terms
of money alone. A law which provides for making satisfaction to an
expropriated owner by allotment of other property may be deemed to be a
law providing for compensation.

Continued - - - - -
 In ordinary parlance the expression compensation means anything
given to make things equivalent; a thing given to or to make amends for
loss, recompense, remuneration or pay; it need not therefore necessarily be
in terms of money. The phraseology of the constitutional provision also
indicates that compensation need not necessarily be in terms of money,
because it expressly provides that the law may specify the principles on
which, and the manner in which, compensation is to be determined and
“given”. If it were to be in terms of money alone, the expression “paid”
would have been more appropriate.”

Supreme Court of India in the Divisional Controller, KSRTC vs

Mahadeva Shetty and Anr. (On 31st July, 2003; Equivalent citations: 2003
ACJ 1775, AIR 2003 SC 4172, 2003 (5) ALD 119 SC) held as follows:

“The “Rule of Law” requires that the wrongs should not remain
unredressed. All the individuals or persons committing wrongs should be
liable in an action for damages for breach of civil law or for criminal
punishment. ‘Compensation’ means anything given to make things
equivalent, a thing given or to make amends for loss, recompense,
remuneration or pay; it need not, therefore, necessarily be in terms of
money, because law may specify principles on which and manner in which
compensation it to be determined and given. Compensation is an act which
a Court orders to be done, or money which a Court orders to be paid, by a
person whose acts or omissions have caused loss or injury to another in
order that thereby the person damnified may receive equal value for his
loss; or be made whole in respect of his injury; something given or obtained
as equivalent; rendering of equivalent in value or amount; an equivalent
given for property taken or for an injury done to another; a recompense in
value; a recompense given for a thing received; recompense for whole in
injury suffered; remuneration or satisfaction for injury or damage of every
description. The expression ‘compensation is not ordinarily used as an
equivalent to ‘damages’, although compensation may often have to be
measured by the same rule as damages in an action for a breach. The term
‘compensation’ as pointed out in the Oxford Dictionary signifies that which is
given in recompense, an equivalent rendered; ‘damages’ on the other hand
constitute that sum of money, claimed or adjudged to be paid in
compensation for loss or injury sustained. ‘Compensation’ is a return for a
loss or damages sustained. Justice requires that it should be equal in value,
although not alike in kind.”

The A.P. Information Commission in its decision No. 9841/SIC-IA/2012

(Order dated 18th November, 2013) held as follows:

“As seen from the provisions of the section 19(8) (a&b) State
Information Commission has following powers i.e. as per section 19 (8) (a)
require the public Authority to take any such steps as may be necessary to
secure compliance with the provisions of this Act and as per Section 19 (8)
(b) the information Commission has powers to require the public authority to
compensate the complainant for any loss or other detriment suffered (by the
applicant).

Continued - - - - -
 The meaning of “Compensate” as per Concise Oxford English
Dictionary (Indian Edition, Eleventh Edition revised 2006) is as follows:-

“Compensate v.1.give (someone) something in recognition of loss,

suffering, or injury incurred.”

Definition of “compensate” from the online English Dictionary from

Macmillan Publishers Limited. Is as follows :

“1. (INTRANSITIVE) to change or remove the bad result of

something.

a. To behave in a way that it intended to reduce the effects of a

personal fault.

2. (INTRANSITIVE/TRANSITIVE) to pay someone money because

they have suffered an injury or loss.” (http://www.
Macmillandictionary.com/dictionary/British/compensate)

A plain reading of the above said provision of law and also the
meaning of the compensate clearly establishes the fact that compensation
need not be in terms of money. On the other hand in the given case the
appellant has suffered both mentally and monetarily for no fault of him.”

The Commission, therefore, directs the Divisional Forest Officer to

appoint the appellant as Forest Section Officer within one month from the
date of receipt of the decision.

M. Vijaya Nirmala
State Information Commissioner
Authenticated by:

(VVM Siva Prasad)

Asst. Registrar
Copy to:- The SO / SF / OC