* Warns officers against any violation in future
Mohinder Verma
JAMMU, Feb 14: The Central Information Commission (CIC) has pointed out poor functioning of RTI mechanism in the Jammu and Kashmir Police and stressed that concerned authorities should take necessary steps so that transparency law is implemented in the department in letter and spirit.
These observations have been made by the Commission while dealing with Second Appeal filed against denial of information by Jammu and Kashmir Police even after directions from the then State Information Commission.
As per the Second Appeal before the CIC, an RTI application was filed before the Public Information Officer on July 27, 2015 seeking copy of enquiry report submitted by DySP Surankote. However, he failed to get any response from the PIO. Accordingly, he knocked the doors of the then State Information Commission and the Deputy Registrar of the State Information Commission directed the PIO in the office of Police Headquarters Rajouri to explain as to why penalty may not be imposed upon him for his failure to appear before the State Information Commission on 07.10.2015, the date on which the case was listed for hearing.
While hearing Second Appeal earlier, the Chief Information Commissioner had issued show cause notice to PIO, Police Headquarters, Rajouri- Vinod Kumar to explain why penal action should not be initiated against him for violation of the provisions of the RTI Act by causing deliberate obstruction in the dissemination of information and vitiating the proceedings before the Commission, by his absence despite service of hearing notice.
When the Second Appeal came up for fresh hearing few days back, Vinod Kumar Sharma, the then DySP, Rajouri Headquarters participated in the hearing through video conference and referred to his reply to the show cause notice and stated that the matter pertains to the Rajouri-Poonch Range Headquarters as the RTI application was filed before them and not the Rajouri District Headquarters.
Regarding his absence in the previous hearing before the Commission, he attributed the same to his preoccupation in connection with the visit of Ex CM of J&K to their jurisdiction.
However, in the light of the facts of the case and the submissions made by the Respondent, the Commission observed that the RTI application has been filed with the Rajouri-Poonch Range Headquarters of J&K Police and not the Rajouri District Headquarters.
Accordingly, the Commission dropped the show cause notice on the substantive aspect of not replying to the RTI application. “It is evident that show cause notices had been issued by the SIC J&K to the PIO, Distt. Police HQ, Rajouri dated 12.10.2015 and 23.10.2015 for his failure to attend the hearing on 07.10.2015 and for the same reason by this bench vide order dated 20.05.2022 for not attending the hearing held on 18.05.2022”, Chief Information Commissioner Y K Sinha observed.
“This reflects extreme callousness and casualness on the part of the PIO, District Hqrs and vitiated the proceedings before the Commission and speedy disposal of the RTI complaint by both SIC, J&K and the CIC, New Delhi. This also reflects poorly on the overall functioning of the RTI mechanism in the J&K Police”, the CIC said.
Accordingly, the Commission has issued stern warning to Vinod Kumar Sharma, the then DySP, Rajouri Distt HQ and Chanchal Singh, Incumbent DySP, Rajouri Distt. HQ that in case of any future violations of the RTI Act, 2005, penal action including disciplinary proceedings envisaged under Section 20 (2) may be initiated.
It is pertinent to mention here that where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under Sub-Section (1) of Section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.
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