Presents:-

                     1.Sri P.Samantara, President.

                     2.Sri G.K.Rath, Member.

                     Dated, Bolangir the 16^th day of October 2015.

                     C.C.No. 10 of  2015.

S.K.aIllias son of late Seikh Ibrahim. Resident of Railway Station  Road,

To Salepali, Behind Tanwani Rice Mill, Bolangir Town, P.O/P.S. &

Dist- Bolangir.

                                                                                       ..           ..    Complainant.

                     -Versus-

1.P.I.O-cum-Officer in charge RTI Cell,Collectorate,Bolangir.

2.Smt.Sakuntala Bhoi, PIO-cum-DSWO, Bolangir,

   At/P.O/P.S/Dist- Bolangir.

                                                                                       ..          ..      Opp.Parties.

Adv.for the complainant- None.

Adv. For the O.P.No.1   - None

Adv. For the O.P.No.2    - Sri S.K.Mishra,G.P.

                                                                                  Date of filing of the case-17.01.2015

                                                                                  Date of order.                – 16.10.2015

JUDDGMENT.

Sri P.Samantara,President.

                  Succinctly put, the complainant alleged that he made an application u/s.6(1) of the RTI Act 2005 to the O.Ps. The O.Ps in receiving the application, failed to furnish the information within the statutory time limit. Thus non-supply of the information and consequential procedural failure, compelled to institute the case.

2.               Further stated in deposit statutory fees as consideration, the complainant is a consumer so the right to sue survives against the O.Ps to initiate action. As the RTI application made on dt.27.01.2014. The PIO neither transferred nor part of the application to the subsidiary supply authority as envisage in the Act.

3.             Again submitted, the 1st.Appellate Authority has passed order on dt.30.07.2014,in post observation of relevant files that encompass the letter No.18770 dt.02.11.2012 and letter No.400 dt.07.01.2013 delivered to DSWO, Bolangir. The O.P.2 denies same letters have not been received and the 1^st Appellate Authority willfully remain silent, the inaction made him harassed and leading to mental agony and loss praying for compensation and litigation expenses that deemed fit.

4.              In pursuant to notice, the O.P.1 appeared and file the version admitting the application made and subsequent transfer application to the office of the Dist. Social Welfare Officer, Bolangir and respective heads at Bhubaneswar and asserting the RTI application dt.27.01.2014 has been disposed off as per the provision of RTI Act 2015 and praying the Hon’ble court to exonerate the O.P.1 from the allegation and dismiss the case.

5.             O.P.2 though appeared did not file any version and remained silent till completion of adjudication.

6.             Heard and perused the record at hand.

7.             Admittedly, the complainant made application u/s.6(1) of the RTI Act on dated 27.01.2014 which has been transferred to the appropriate supplement authority on dated 03.02.2014 under letter No.293. Such transfer is at fault in non-compliance and inconsistent u/s.6(3) of the RTI Act. The grouse is that consequential to the same transfer, the O.P.2 failed to give the sought information and also remain capricious, non-deligent and non-submissive even order passed by the 1^st Appellate Authority and call of this court. So the O.P.2 committed fault in irr4esponsible manner in coupled ways.

8.             Further perusal reveals, the applicant has come to this forum after the order passed by the 1^st Appellate Authority on dt.30.07.2014 in consequences of O.P.2 remain silent even after receipt of the 1^st Appellate Authority direction praying malafidely which is denied by the O.Ps  especially by O.P.2.

9.            On the above made discussion, we like to proceed u/s.23 of the RTI Act, which reads:-

               Section 23;- BAR OF JURISDICTION OF COURTS:-

“No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than byway of an appeal under this Act”.

10.          In the present case, the 1^st Appellate Authority has passed order, so no scope survives under above noted provision either to Institute a case or obtained shelter under consumer protection Act ;by implication this court has bar of jurisdiction. Thus the recourse is to take statutory remedy opportunity under the provision of RTI Act.

11.          Hence the complaint is not maintainable as being bar of jurisdiction in view of the order passed by 1^st Appellate Authority-cum-Addl. Dist. Magistrate, Bolangir.

                                    ORDER

1           .The case is dismissed in view of the Bar of jurisdiction u/s.23 of the RTI Act.

2.           The O.P.2 is hereby directed to pay a sum of Rs 500/- (Rupees Five hundred) only to the complainant for not responding to the call of the court and remained irresponsibly silence.

ORDER PRONOUNCED IN OPEN FORUM THIS THE 16^TH DAY OF OCT’2015.

                                           (G.K.Rath)                                     (P.Samantara)