Failure to furnish info under RTI Act within fixed period
*Expresses displeasure over absence during hearing
Mohinder Verma
JAMMU, May 30: Taking serious note of their failure to furnish information to the applicants under the Right to Information (RTI) Act, 2005 within the stipulated period, the Central Information Commission (CIC) has sought explanations from three Block Development Officers (BDOs) and one Zonal Education Officer (ZEO) of J&K Government. Moreover, the transparency watchdog has expressed displeasure over the absence of these officers during the hearing conducted for disposal of Second Appeals.
As per Section 7 of the RTI Act, 2005, the Central Public Information Officer (CPIO) or State Public Information Officer (SPIO), as the case may be, on receipt of a request shall, as expeditiously as possible, and in any case within 30 days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in Sections 8 and 9:
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Moreover, if the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the specified period, they shall be deemed to have refused the request.
These provisions of the transparency law were violated by the Block Development Officers (BDOs) of Changa, Kahara and Jaykas in Doda district and Zonal Education Officer (ZEO) of Bhalessa by not furnishing information to the applicants within the specified time-frame.
From BDO Changa, the applicant had sought information vis-à-vis list of job cards of all engaged under MGNREGA scheme under Panchayat Changa-A and Panchayat Dudwar, detail of number of developmental works undertaken during financial year 2020-21 and 2021- 2022 and photographs of all developmental works before and after execution etc.
Neither the BDO Changa provided the information within the fixed time limit nor First Appellate Authority adjudicated first appeal of the applicant as such matter was brought to the notice of Central Information Commission in the shape of 2nd Appeal.
While disposing off the 2nd Appeal, the Central Information Commission has directed the BDO Changa to facilitate inspection of records permissible for disclosure under the RTI Act, 2005 to the appellant within 30 days from the date of receipt of this order. “Photocopy of documents requested by the appellant during the inspection shall be provided to him in lieu of the fee prescribed under the RTI Rules, 2012”, the Commission added.
Moreover, the CIC has directed the BDO to submit explanation within 30 days stating the reasons for not replying to the RTI application within the stipulated time period and the reasons for his absence during the hearing.
Similar information was also sought from BDO Kahara but the same was not furnished within the timeline fixed under the transparency law. Moreover, the BDO/PIO preferred to skip the proceedings under 2nd Appeal despite prior intimation to contest the submissions of the appellant or to substantiate arguments.
While issuing explicit direction for furnishing information to the appellant within 30 days, the Central Information Commission has directed the BDO Kahara to submit a show cause explanation within 30 days from the date of receipt of this order stating the reasons for not responding to the RTI application within the period stipulated under the RTI Act, 2005 and the reason for his absence during the hearing.
Similarly, explanation has been sought from BDO Jaykas for blatant violation of the provisions of the RTI Act and non-participation in the 2nd Appeal proceedings.
The explanation has also been sought from Zonal Education Officer Bhalessa for his failure to furnish information to the applicant within 30 days of the receipt of the application under the RTI Act and for absence during the hearing. The ZEO was approached by the applicant seeking information about the teachers working in Government schools of Bhalessa Gandoh Zone and enrolment of pupils.
It is pertinent to mention here that if CIC observes that CPIO has without any reasonable cause refused to receive an application for information or has not furnished information within the specified timeframe it can impose penalty on the CPIO.
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