Mohinder Verma
JAMMU, Apr 26: Central Information Commission (CIC) has cautioned several Public Information Officers (PIOs) of the Union Territory of Jammu and Kashmir against violating timelines stipulated under the Right to Information Act, 2005 for furnishing information to the applicants. Moreover, the transparency watchdog has sought explanation from an officer of the rank of Under Secretary.
As per the details available with EXCELSIOR, an application under RTI Act was filed before Block Development Officer, Rajgarh in Ramban on November 18, 2021 seeking information about the number of beneficiaries of PM Awas Yojna and amount sanctioned under Back to Village Programme.
Having not received response from the PIO, the appellant filed first appeal dated 07.01.2022 which was not adjudicated by the First Appellate Authority (FAA) and aggrieved and dissatisfied, the appellant approached the Central Information Commission with the Second Appeal.
After hearing both the sides, Chief Information Commissioner Y K Sinha observed, “the Commission is of the view that adequate information as per the provisions of the RTI Act, 2005 has been provided by the respondent but there has been a significant delay in providing the information to the appellant”.
Accordingly, the Commission has cautioned Sandeep Singh, BDO, Rajgarh to ensure that such violations of the timelines stipulated under the RTI Act, 2005 do not recur in future failing which appropriate action will be taken under law.
Similarly, an application under RTI Act was filed before the PIO in the Lieutenant Governor’s Secretariat on December 27, 2021 seeking information vis-à-vis action taken on the memorandum submitted by All J&K Panchayat Conference.
During the hearing of Second Appeal before the Central Information Commission, the respondent represented by Mayank Sharma, Under Secretary stated that the RTI application was not received by them. The application could not be traced despite efforts made to ascertain the status of the letter through the Senior Post Master General who had informed them that only records of the last 6 months were maintained by them. He also stated that had the Complainant filed a first appeal, efforts would have been made to provide the information as per available record at an earlier stage.
“The Commission observes that the instant matter is a complaint filed under Section 18 of the RTI Act, 2005 where the Commission is only required to ascertain if the information has been denied with a malafide intent or due to an unreasonable cause which the Commission is unable to conclude in the present instance”, the Chief Information Commissioner said.
However, Mayank Sharma, Under Secretary has been directed to submit an explanation to the Commission by May 15, 2023 narrating the factual position in this matter.
Likewise, an application was filed before PIO General Manager SICOP Srinagar on September 21, 2021 seeking information about the developmental works carried out by the SICOP. However, dissatisfied with the response received from the CPIO, the Appellant filed First Appeal dated 25.10.2021 which was not adjudicated by the FAA. Aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
After hearing both the sides, the Chief Information Commissioner observed, “the concerned PIOs have provided replies to the appellant vide letters dated 09.10.2021 and 27.03.2023 but the reply dated 27.03.2023 has been given beyond the stipulated time-frame”.
Accordingly, the Commission has cautioned the concerned PIO that in future, he shall ensure that replies to the RTI applications shall be provided within the mandated time-frame as specified in the provisions of the RTI Act failing which action will be taken.
Similar note of caution has been issued to several other PIOs of the Government of Union Territory of Jammu and Kashmir by the Central Information Commission as they have been found violating the timelines stipulated under the RTI Act.
EXCELSIOR has several times stressed that Government should regularly conduct training programmes for the PIOs of the J&K UT on the provisions of the RTI Act and evolve a mechanism to review their performance after regular intervals and the latest observations of the Chief Information Commissioner should be an eye opener for the administration.
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