Violation of
provisions of transparency law
Mohinder Verma
JAMMU, June 13: Central Information Commission (CIC) has sought explanation from the Under Secretary in the School Education Department, Mission Director Pradhan Mantri Poshan Shakti Nirmal (PM-POSHAN) and a Tehsildar for violation of provisions of the Right to Information Act, 2005.
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The Under Secretary in the School Education Department of J&K Union Territory being Public Information Officer was approached by the applicant through RTI application dated February 16, 2023 seeking information about his case.
Dissatisfied with the non-receipt of information from the PIO, the appellant filed First Appeal dated 03.03.2023 which was not adjudicated by the First Appellate Authority and accordingly he approached the Central Information Commission with Second Appeal. Though appellant was present before the CIC through video-conference yet none was present on behalf of respondent.
“Perusal of records and averments of the appellant indicate that the respondents have not sent any response at all so far to the appellant, thereby causing willful obstruction in the dissemination of information leading to the violation of the provisions of the RTI Act”, the CIC said, adding “moreover, the respondent has failed to appear during the hearing to make submissions about the case at hand, thereby leading to the proceedings being vitiated in clear violation of the provisions of the RTI Act”.
Accordingly, the Commission has directed the PIO/Under Secretary, School Education Department, UT of J&K to submit an explanation for willful violation of the provisions of the RTI Act by unexplained absence during hearing. “The explanation should reach the Commission within four weeks of receipt of this order, failing which appropriate action shall be initiated, in terms of law”, the Commission added.
Further, the CIC has directed the Under Secretary to send an appropriate reply to the appellant within four weeks of receipt of this order and submit a compliance report before the Commission within one week thereafter. “Non compliance of either of the directions shall attract penal action as per law”, read the order of CIC.
Similarly, an RTI application was filed on July 17, 2023 seeking copy of Utilization Certificate along with Audited Accounts of the NGOs accorded with sanction under National Creche Scheme for the financial year 2019-20 and copy of sanction under National Creche Scheme for children of working mothers’ to NGOs for the financial year 2020-21, 2021-22 & 2022-23.
Dissatisfied over non-receipt of information from the PIO, the appellant filed First Appeal dated 02.09.2023 which was not adjudicated by the First Appellate Authority and finally the appellant knocked the doors of CIC.
“Keeping in view the facts of the case and the documents available on record, the Commission finds that no reply has been provided to the appellant which is in contravention to the provisions of the RTI Act, 2005. Furthermore, none representing the respondent was present during the hearing to explain the factual position in the matter”, the Chief Information Commissioner said.
Accordingly, the Commission has directed CPIO and Mission Director, PM POSHAN J&K to provide to the appellant point wise information as per available record in accordance with the provisions of the RTI Act, 2005 and also submit a show cause explanation to the Commission within 30 days from the date of receipt of this order stating the reasons for not replying to the RTI application within the stipulated time period and the reasons for his absence during the hearing.
As per another Second Appeal before the CIC, appellant was not furnished information regarding Girdawari Kharif of different years of a village in VIjaypur and he was also compelled to approach the Central Information Commission with the Second Appeal.
Observing that no information has been provided to the appellant in contravention to the provisions of the RTI Act, the CIC has directed the Tehsildar Vijaypur to provide to the appellant point wise response as per available record in accordance with the provisions of the RTI Act, 2005 and also submit a show cause explanation to the Commission within 30 days from the date of receipt of this order stating the reasons for not replying to the RTI application within the stipulated time period and the reasons for his absence during the hearing.
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