CIC takes serious note of RTI Act violation
Admonishes JD Budget for deciding Ist Appeal against his reply
Mohinder Verma
JAMMU, July 23: Taking serious note of violation of provisions of the Right to Information Act, 2005, the Central Information Commission (CIC) has issued show cause notices to two Tehsildars and one Executive Engineer before initiating penal action against them. Moreover, it has passed strictures against Joint Director (Budget) in the Finance Department of Government of Jammu and Kashmir Union Territory for deciding the First Appeal filed against his reply in contravention of principles of natural justice.
As per the case titled Nitin Sharma Verus PIO RTI Cell, office of Deputy Commissioner Jammu, the applicant filed an application on March 28, 2022 seeking information about action taken on the order issued by the Collector (ADM) Jammu regarding land in Marh area of Jammu district.
Having not received any response from the CPIO, the complainant approached the Central Information Commission with the complaint.
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, Chief Information Commissioner Y K Sinha observed, “although a reply has been provided by the respondent, yet the same bears considerable delay which also raises doubt that the denial of information is with a mala fide intent”, adding “further, the absence of any representative specifically from the office of the Deputy Commissioner, Jammu has led to the proceedings getting vitiated, since the instant RTI Application has been filed in their office and in the absence of any representative from their office, it cannot be ascertained whether the RTI Application was ever transferred to the concerned custodian of information”.
Accordingly, the Commission has issued show cause notice to the then CPIO Mohit Gupta, Tehsildar (Recovery/Jammu), who is now posted as Tehsildar HQA DC Office, Samba through the present CPIO Sunaina Bharti, Tehsildar (Recovery/Jammu) under Section 20 of the RTI Act, seeking explanation as to why maximum penalty to the tune of Rs 25,000 should not be imposed upon him for causing deliberate obstruction in the dissemination of information thereby violating provisions of the RTI Act, 2005.
“Written submissions of the then CPIO should reach the Commission by 31.08.2023, failing which ex-parte action may be initiated as per the Act”, the Chief Information Commissioner has made it clear in the order.
Similarly, explanation has been sought from Kaisar Ahmad Zargar, Tehsildar Central Srinagar for not providing information to the applicant within stipulated timeframe. “There has been substantial delay in furnishing the information which is in contravention to the provisions of the RTI Act, 2005”, the Chief Information Commissioner observed.
As per case titled Suresh Chargotra Versus PIO Executive Engineer, Public Health Engineering Division, Akhnoor, an application was filed under RTI Act on December 17, 2020 seeking information about establishment of tube-well and over-head water tank in village Assurwan.
During the course of hearing, Executive Engineer, Jal Shakti and PHE Division Akhnoor submitted that his office has not received the copy of the First Appeal otherwise the reply to the RTI application would have been given at that stage itself.
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observed, “the then PIO has not provided the relevant information to the appellant within the stipulated time-frame as mandated in the RTI Act”.
Admonishing the then PIO for not providing the relevant information to the appellant, the CIC has issued show cause notice to then PIO through the present PIO under Section 20 of the RTI Act, seeking explanation as to why maximum penalty to the tune of Rs 25,000 should not be imposed upon him for causing deliberate obstruction in the dissemination of information thereby violating provisions of the RTI Act, 2005.
“Rajinder Kumar Gupta, Executive Engineer & PIO shall serve a copy of this decision to the then PIO who shall explain in writing as to why action should not be initiated against him under Section 20(1) and 20(2) of the RTI Act”, the Commission said, adding “in case no reply is furnished within the stipulated timeframe ex-parte action will be initiated as per the Act”.
Meanwhile, Chief Information Commissioner has passed strictures against Joint Director (Budget) in the Finance Department for violating the principles of natural justice and deciding the First Appeal filed against his reply given as PIO.
The applicant had sought information vis-à-vis compensation to the shopkeepers affected by floods in 2014.
“The issues raised by the appellant are clearly in the larger public interest as such Commission directs Shafaat Yehya, PIO and Joint Director (Budget) to provide a detailed reply with the updated status in the matter to the appellant by 15.08.2023 under intimation to the Commission”, the Chief Information Commissioner said.
The Commission also noted that the PIO decided the First Appeal filed against his reply in contravention to the principle “Nemo in propria causa judex” i.e., no one shall be a judge in his own cause.
Accordingly, the Commission has cautioned Shafaat Yehya, PIO and Joint Director (Budget) to ensure that such a breach of principles of natural justice does not recur in future failing which appropriate action as per the RTI Act, 2005 may be initiated against in him.
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