CIC seeks explanation of then Tehsildar for imposing penalty

Delay in providing info of land occupied by ex-DyCM

Excelsior Correspondent

JAMMU, Jan 22: In a significant order, a bench of the Central Information Commission headed by the Chief Information Commissioner Y K Sinha, while disposing of a Second Appeal filed by Advocate Sheikh Shakeel Ahmed, has taken a serious view against the conduct of the then Tehsildar Bhalwal Amit Upadhyay for delay in providing information about the land under illegal occupation of former Deputy Chief Minister Kavinder Gupta.
The Chief Information Commissioner, while taking serious note of the matter, observed, “no explanation has been submitted by the then Tehsildar Bhalwal, Amit Upadhyay for delay in supplying the information to the appellant”.
Accordingly, CIC directed that the then Tehsildar should submit a suitable explanation justifying the delay in complying with the order passed by the First Appellate Authority (SDM Jammu North) dated June 26,2021 and why no penal action should be initiated for violation of the mandated timeline as provided under Right to Information Act, 2005.
The CIC further directed that the explanation must reach the Commission by February 20, 2023 failing which appropriate action shall be initiated suo moto in terms of law.
After hearing Advocate Muzzaffar Ali Shah appearing for appellant Sheikh Shakeel Ahmed whereas Ashok Chakravarty, PIO/ Tehsildar Bhalwal, the Chief Information Commissioner observed, “Advocate M A Shah pointed out that there has been a delay of four months in furnishing the information to the appellant in violation of the order passed by the First Appellate Authority”, adding “he has further submitted that the delay was intentional/deliberate as the information was directed against the former Deputy Chief Minister of the erstwhile State of J&K who had allegedly grabbed a large chunk of State land at village Ghaink”.
After hearing both the sides through video conferencing, the Chief Information Commissioner, while expressing displeasure over the dilatory tactics of then Tehslidar Bhalwal, took a serious view against his conduct for delay in providing information to the appellant and directed that the then Tehsildar, Amit Upadhyay should submit a suitable explanation justifying the delay in complying with the order passed by the First Appellate Authority (SDM, Jammu North) dated June 26,2021 and why no penal action should be initiated for violation of the mandated timeline as provided under Right to Information Act, 2005.