Public authorities must ensure complete compliance with RTI requests and maintain records, with penalties for non-compliance.

Information sought:

1. The Appellant filed an RTI application dated 27.09.2023 (offline) seeking the following information:

“I enclosed herewith a copy of the letter dated 18.07.2020 addressed to you, signed by my son also. Now I am is need of a copy of signed letter of the students alongwith enclosures and a copy of the action letter of the Govt. on the said letter.”

2. The CPIO furnished a reply to the Appellant on 20.10.2023 stating as under:

“Kindly refer to your RTI application. The representation dated 21.07.2020 received by this Secretariat has been forwarded to the Secretary (Health), Puducherry vide Acknowledgement Regn. Code no. Pu01/Pu01/LGP/24322/20, dt. 12.08.2020 generated through the Grievances Redressal Software system for taking appropriate action. The copy of the acknowledgement is supplied at free of cost. The first 3 pages of the representation only available in Grievances Redressal Software System and that may be obtained from this office by payment of Rs.6/- (Rupees Six only) @ Rs.2/-per page.

However, your RTI application is forwarded in terms of Sec. 6(3) of RTI Act, 2005 to the PIO, O/o the Secretary to Government (Health), Puducherry and O/o the Director, Department of Health and Family Welfare, Puducherry for furnishing information as may be required under RTI Act, 2005.”

3. Being dissatisfied, the appellant filed a First Appeal dated 25.11.2023. The FAA vide its order dated 10.01.2024, held as under:

“The appellant has filed an application seeking information in Form-I under RTI Act, 2005 with the Superintendent-cum-PIO, Lt. Governor's Secretariat, Puducherry on 29.12.2023. The Hon'ble Lt. Governor's Secretariat, Puducherry has supplied a partial information vide Reply letter No.LGS/RTI(109-23)/2023, dated 20.10.2023.

Further, the Hon'ble Lt. Governor's Secretariat, Puduhcerry has forwarded the RTI application to the O/o. the Secretary to Government (Health), Puducherry and O/o. the Director, Department of Health and Family Welfare, Puducherry for furnishing information in terms of Sec.6(3) of RTI, Act, 2005. vide letter dated 20.10.2023.

The contention of the appellant is that the information has not been supplied by PIO's. Therefore, he has filed an appeal before the FAA of the Health Secretariat.

The case was taken up by the FAA. On perusal of applications and reply furnished by the Superintendent-cum-PIO, Lt. Governor's Secretariat, Puducherry, the following points have been observed

1. The Appellant was provided with the copy of the signed letter dated 22.07.2020 of the CENTAC PG students 2020-2021 along with enclosures by the PIO-Lt. Governor's Secretariat, Puducherry.

2. The Appellant has sought for the action taken particulars in connection with the above letter.

With the above, it is stated two show cause notice dated 06.08.2020 & 04.09.2020 (2 pages) was issued to concerned medical institution. The copy of the same is enclosed with this order.”

4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

CIC/UTPON/A/2024/104382 Relevant facts emerging from appeal:

RTI application filed on : 27.09.2023 CPIO replied on : Not on record First appeal filed on : 25.11.2023 First Appellate Authority’s order : 10.01.2024 2nd Appeal/Complaint dated : 06.02.2024

Information sought:

5. The Appellant filed an RTI application dated 27.09.2023 (offline) seeking the following information:

“I enclosed herewith a copy of the letter dated 18.07.2020 addressed to you, signed by my son also. Now I am is need of a copy of signed letter of the students alongwith enclosures and a copy of the action letter of the Govt. on the said letter.”

6. Not having received any response from