J U D G M E N T
Sri Baisnaba Charan Sahoo, Member - This is a complaint filed by Sri Prahalad Sahoo of Daspalla under the limits of Nayagarh Dist under Section-12 of CP Act with the following prayers.
1- The OP be directed to supply certified copy of ROR.
2- The OP to pay compensation of Rs 50,000/-
3- The OPop to pay compensation of Rs 10,000 towards mental agony and Rs 20,000/- for litigation expenses.
The brief of the case is that the complainant filed an application before Tahasildar, Daspalla on 30-09-2013 which was registered by he office and furnished a receipt on the same day vide receipt No. 829 to the complainant. The OP did not supply the certified copy of ROR till filing of this complaint. For non-receipt of certified copy of ROR a civil suit filed by complainant before High Court, Odisha has been dismissed. The complainant being aggrieved filed this complaint with prayer as mentioned above. He has filed his evidence on affidavit and xerox copies of documents as per list.
The OP filed his written version and evidence on affidavit on his written version the fact of application on dt 30-09-2013 for ROR by complainant is admitted. After receipt of ROR application of complainant the office verified the Sabik records of Mouza Dolamundei and did not found the records in the office.The Ex-Tahasildar Sri Narendra Nath Sahoo intimated the fact face to face to the complainant in the presence of Assistant-in-charge Miss Satyabhama Kanhar on 03-10-2013 and the application of the applicant was rejected. It is further stated in evidence on affidavit that the complainant also asked for RTI information pertaining to the same matter on 04-07-2013. The RTI information was furnished to the complainant stating that the information is not available due to destruction of Sabik Records.
The only point of consideration in this complainant is whether there is any deficiency in service by the op to the extent of supply of public documents for which the op is liable to pay any sort of compensation and litigation expenses.
Findings
The complainant applied for ROR of one Sabik record relating to Khata No 12/ of Mauza Dolamundei on 30-09-2013. According to Rule 344 (2) of Odisha Records Manual the time limit for supply of information required shall unless other wise specially ordered in any specific case by the officer-in-charge for reasons to be recorded in writing within 3days after compliance of the requirements of the application by supply of necessary folios, stamps etc. In the instant case as evidente from the xerox copy of order sheet of OP (filed by OP) the application of complainant was rejected on 03-10-2013 due to destruction of records. Hence the OP has complied to the application of complainant within time limit prescribed under Odisha Record Manual and there by no deficiency in service on the part of op. Further with regard to submission of copy of ROR of Sabik Khata it is reported in the RTI reply and order sheet by the OP that the necessary documents are not available in the office of OP as the same is destroyed. In the matter of non availability of records in Govt office, the District Forum has no jurisdiction to issue any direction to the Govt authority. On this issue if complainant is not satisfied with the reply of OP the complainant may go for other remedies available under Govt administration. Hence we order;
ORDER
The complaint is dismissed on contest without any cost.
The final order is prepared by us, corrected,
signed, sealed and pronounced in the open
Forum on this 07th November 2014.
