‘Basic object of law is to facilitate citizens in getting information’
Lays stress on timely implementation of FAAs’ orders
Mohinder Verma
JAMMU, Oct 12: Stating that basic object of the transparency law is to facilitate the citizens in seeking and receiving information from the administration in a time bound and hassle free manner, Chief Information Commissioner Y K Sinha has directed the Assistant Commissioner Revenue Samba, four Block Development Officers of Poonch and a Chief Medical Officer to ensure strict compliance of the timelines fixed under the Right to Information Act.
Moreover, the Chief Commissioner has laid stress on timely implementation of the orders of the First Appellate Authorities (FAAs) so that objectives behind the law enacted by the Parliament are achieved.
As per the case before the Central Information Commission, an RTI application was filed before Public Information Officer-cum-Assistant Commissioner Revenue Samba on January 19, 2021 seeking certified copies of documents of the land acquired for the purpose of Industrial Growth Centre SIDCO Phase-2 at Rakh Amb Tali in Samba district and award as well as Acquisition Roll of payment.
In response to the application, it was stated that the request for issuance of certified copies are not covered under the RTI Act, 2005. Dissatisfied with the response received from the CPIO, the appellant filed First Appeal dated 26.02.2021 which was not adjudicated by the First Appellate Authority.
During the course of hearing in the Second Appeal, it was submitted before the Commission that appellant received reply only after the filing of Second Appeal.
“No doubt appropriate response has been given as per the provisions of the RTI Act but there has been a delay in providing the certified copy of information. Accordingly, the Commission directs Assistant Commissioner Revenue Samba to ensure that timelines stipulated under the provisions of the Act are strictly complied with in future”, read the order.
Similarly, four different RTI applications were filed in the month of September 2020 seeking list of works executed under different schemes—MGNREGA, IAY, PMAY etc from Block Development Officers of Sathra, Buffliaz, Surankote and Loran in Poonch district.
Having not received information from the CPIOs, the appellant filed a First Appeal dated 06.02.2021 and the First Appellate Authority/Assistant Commissioner Development Poonch vide order dated 25.03.2021 directed the Block Development Officers to provide the information to the appellant and facilitate site inspection. Aggrieved and dissatisfied, the appellant approached the Commission with the Second Appeal.
After hearing appellant and respondents, the Chief Information Commissioner observed, “there was a protracted delay in complying with the order of the FAA and ACD Poonch. Hence, the BDOs of Sathra, Bufliaz, Surankote and Loran are cautioned to ensure that timelines stipulated under the RTI Act, 2005 are strictly complied with in future failing which penal action under Section 20 (1) of the Act may be initiated”.
As per another case before the Central Information Commission, RTI application was filed before the PIO in the office of Chief Medical Officer Kishtwar seeking copy of complaint against a doctor, formation of inquiry committee and preliminary and final inquiry report.
Having not received response from the CPIO, the appellant filed First Appeal dated 04.09.2020 and FAA/Deputy Director, Health Services (HQ), Jammu, vide order dated 24.09.2020 issued directions for providing requisite information to the appellant within five days.
However, the applicant being aggrieved and dissatisfied approached the Central Information Commission with the Second Appeal.
Keeping in view the facts of the case and the submissions made by both the parties, the Commission observed, “it is astounding that inquiry report is not traceable in the file especially in the light of the fact that several notices for inquiry have been issued by the erstwhile PIO and CMO”.
Accordingly, the Commission has remanded the matter back to the FAA and Dy Director, Health Services (HQ) to examine the compliance of the direction dated 24.09.2020 and more specifically the availability of information and pass a reasoned and speaking order after granting an opportunity of hearing to the appellant.
“The order should be complied with by 15.11.2022 under intimation to the Commission. Moreover, an explanation should be submitted for not providing the information within the stipulated time period and the delay in compliance with the FAA’s order”, the Chief Information Commissioner has directed while laying stress on strict implementation of the First Appellate Authorities’ orders by the CPIOs.
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