CENTRAL INFORMATION COMMISSION

2nd Floor, August Kranti Bhawan,

Bhikaji Cama Place, New Delhi-110066

Decision No. CIC/YA/A/2016/001116/UTDAD

Dated 23.05.2017

Appellant : Shri Lalji Karsan Solanki,

H.No.1705, Darmeshwar,
Vill. & P.O. Ghoghla,
District Diu, Daman & Diu.

Respondent : The Central Public Information Officer,

DIU Municipal Council, DIU.

Date of Hearing : 23.05.2017

Relevant dates emerging from the appeal:

RTI application : 01.09.2015

CPIO’s reply : 28.09.2015
First Appeal : 20.10.2015
FAA’s Order : 04.12.2015
Second Appeal : 19.04.2016

ORDER

1. The appellant filed an application under the Right to Information Act,

2005 (RTI Act) before the Central Public Information Officer (CPIO), Diu
Municipal Council, Sanitation, Diu seeking information on six points
pertaining to the issue of large-scale open defecation and issues related
thereto.

2. The appellant filed a second appeal before the Commission on the

grounds that the information sought by him has not been provided by the
CPIO and the FAA. The appellant requested the Commission to direct the
respondent to provide the information sought by him.

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Hearing:

3. The appellant was not present despite notice. The respondent Dr

Apoorv Sharma, Chief Officer, Municipal Council, Diu attended the hearing
through video conferencing.

4. The respondent submitted that the information sought by the

appellant was not available at the time of responding to the RTI application
and hence, could not be provided. The respondent further submitted that the
FAA vide order dated 04.12.2015 had upheld the reply of the CPIO.

Decision:

5. The Commission, after hearing the submissions of the respondent and

perusing the records, observes that as per the respondent, no information
was available at the time of responding to the RTI application, therefore, the
information sought could not be provided. In view of this, the Commission
directs the respondent to file an affidavit with the Commission deposing that
no information was available with the respondent at the time of responding
to the RTI application. A copy of the affidavit shall also be provided to the
appellant. The above directions of the Commission shall be complied with,
within a period of four weeks from the date of receipt of a copy of this order.

6. With the above observations, the appeal is disposed of.

7. Copy of the decision be provided free of cost to the parties.

(Sudhir Bhargava)
Information Commissioner
Authenticated true copy

(S.S. Rohilla)
Designated Officer

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