Blatant violation of provisions of RTI Act
*Directs for putting info about welfare schemes on websites
Mohinder Verma
JAMMU, Jan 2: Taking serious note of the violation of provisions of the Right to Information Act, the Central Information Commission (CIC) has sought explanation from a Block Development Officer (BDO) and Public Information Officers (PIOs) of Home and Education Departments of Union Territory of Jammu and Kashmir. Moreover, the transparency watchdog has directed for putting maximum information about welfare schemes on the websites of the respective departments.
As per the details of a case, an application under RTI Act was filed on February 27, 2023 seeking information about total funds sanctioned/utilized under MGNREGA in Panchayat Lower Lassana, funds allotted under CAPEX Budget and list of PMAY houses constructed in the Panchayat.
Follow the Daily Excelsior channel on WhatsApp
Dissatisfied with the non-receipt of information from the PIO, the appellant filed First Appeal, which was not adjudicated by the First Appellate Authority (FAA) and this led to the filing of Second Appeal before the Central Information Commission.
During the course of hearing, Javed Ahmad, BDO Lassana submitted that they have prepared a reply to the appellant’s queries and are in the process of sending the same to him.
After hearing respondent, Central Information Commission observed, “it is evident that the respondent has not sent any response at all so far to the appellant causing willful obstruction in the dissemination of information in violation of the provisions of the RTI Act”. Accordingly, CIC directed the BDO to submit an explanation for violation of the provisions of the RTI Act failing which suo motu action shall be initiated against him in terms of the provisions of the RTI Act. The Commission has also made it clear that non adherence of the directions shall attract penal action.
Moreover, the CIC has advised the Public Authority to ensure suo-moto disclosure of maximum information about such welfare schemes on website in compliance of the provisions of Section 4 of the RTI Act in order to promote transparency and accountability.
In a case pertaining to denial of information on an application seeking inspection of the documents and records in SHO Police Station City Jammu, the CIC took grave exception to the factum of delay caused by the PIO in not providing any reply to the appellant within the stipulated time-frame and for the unexplained absence during hearing.
“Such casual conduct of the PIO causes unwarranted obstruction to the appellant’s right to information and is a grave violation of the provisions of the RTI Act”, the CIC observed and directed the PIO to file a written submission detailing the reason for not providing reply within the stipulated time-frame and for unexplained absence during hearing before the Commission.
In another Second Appeal filed after denial of information about accrual of vacancy for regularization of Principal by the School Education Department, the Central Information Commission took very strong exception of non-attendance of PIO during the hearing.
“In view of the fact that no reply has been provided by the PIO qua the RTI application within the stipulated time-frame, the PIO is directed to file a written explanation justifying the conduct failing which an action under Section 20(1) and 20(2) of the RTI Act will be initiated”, the CIC directed.
Similar displeasure and directions have also been conveyed to the PIO of the Education Department in one more Second Appeal as neither he furnished reply to the RTI applicant not appeared before the Commission during the hearing even after receipt of advance notice.
In yet another Second Appeal filed after denial of information about MGNREGA works in Panchayat Baila in Mandi area, the CIC has noted that voluntary disclosure of all information ought to be displayed in the public domain should be the rule.
“An open Government, which is the cherished objective of the RTI Act, can be realized only if all the public offices comply with proactive disclosure norms. Section 4 of the RTI Act mandates every public Authority to provide as much information suo-moto to the public at regular intervals through various means of communications including the internet so that public need not resort to the use of RTI Act”, the CIC said.
Follow our WhatsApp channel
