KIC 2377 PTN 2011

KARNATAKA INFORMATION COMMISSION

(Sri. B.A.Umesh Vs. PIO, Office of the District Sessions Judge Court, Kolar)
ORDER
5.1.2012
1.
Petitioner is absent. Sri.R.Chowdappa, Chief Administrative Officer and PIO, Office of the
District and Sessions Judge Court, Kolar is present.
2.
Complaint was last heard on 22.10.2011, when the Commission directed Sri.R.Chowdappa,
PIO and Chief Administrative Officer, Office of the District and Sessions Judge Court, Kolar to
provide the information to the petitioner within 30 days, free of cost, through RPAD. Commission
also issued show cause notice directing him, why penalty under section 20(1) of the Act should not be
imposed on him for not providing the information within the mandatory period. Commission also
issued show cause notice directing him, why a compensation of Rs.1,000/- should not be awarded to
the petitioner for the loss and other detriments suffered by him under section 19(8)(b) of the Act.
3.
In his letter dated 7.12.2011 to the Commission, Sri.R.Chowdappa, PIO and Chief
Administrative Officer, Office of the District and Sessions Judge Court, Kolar, has offered his
explanation to the show cause notice in which he has stated that when the copies of the documents
from cases are sought he has to take action as per Karnataka Civil Rules of Practice 1967, Chapter
XXIII and The Karnataka Criminal Rules of Practice,1968, Chapter XIV and states that he has to
obtain permission from the Honble High Court and has written to the Registrar of High Court and has
also requested the Advocate General to file Writ Petition against the order of the Commission and
also states that since he has to abide some of the Rules and Practices; he is not independent and states
that he has got all respect to the Commission and he will implement the orders of the Commissions
when once he gets clearance from the Honble High Court and states that he has directed the
Sheristedar, Central Record Room on 3.12.2011 to trace the file and the Sheristedar, Central Record
Room has informed him that the connected file is destroyed therefore requests the Commission not to
impose penalty nor to award compensation.
4.
Since the file from which the information sought is destroyed on 29.9.2006, Commission
directs the respondent to issue an endorsement accordingly.
5.
Since the information is provided, complaint is disposed off as having been allowed.
6.
Dictated, draft corrected, signed and pronounced in the open Court, this 5th day of January
2012.

(J.S.VIRUPAKSHAIAH)
State Information Commissioner
Addresses of Parties:
KIC 2377 PTN 2011
Sri.R.Chowdappa,
Chief Administrative Officer and PIO, Office of
the District and Sessions Judge Court, Kolar

KIC 2377 PTN 2011

Sri.B.A.Umesh S/o B.R.Achappa Reddy,
C.T.P.No.00307, Belgaum Central
Prison, Hindalga, Belgaum District-591
108 THROUGH Chief Superintendent,
Central Prison, Belgaum

s.raju