Warning notes sent to Law Officer, DGM, Manager IE
* Expresses displeasure over violation of RTI Act timelines
Mohinder Verma
JAMMU, Sept 10: Expressing displeasure over violation of timelines prescribed under Right to Information Act, 2005 and unexplained absence, the Central Information Commission (CIC) has sought explanations from the Public Information Officers (PIOs) of J&K Services Selection Board and Jammu and Kashmir Armed Police and sent warning notes to Law Officer of Srinagar Development Authority, Deputy General Manager of J&K Forest Development Corporation and Manager of Industrial Estate (IE).
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On September 25, 2022, an application under RTI Act was filed before the PIO of J&K Services Selection Board seeking OMR sheet and answer key of the written test for the post of Teacher. Though the applicant had sought details of only her roll number yet the PIO didn’t provide the information within the stipulated time-frame as a result of which the applicant approached the First Appellate Authority.
However, the First Appeal was not adjudicated and this led to filing of Second Appeal before the Central Information Commission. During the course of hearing, the PIO submitted a written statement mentioning that information being old in nature could not be traced despite multiple attempts.
When the Second Appeal was taken up for final hearing, the PIO remained absent even after receiving the advance notice from the Commission and this received sharp criticism from CIC, which observed, “respondent failed to appear during the hearing without any justifiable explanation thereby leading to the proceedings being vitiated in clear violation of the provisions of the RTI Act”.
Accordingly, the CIC has sought explanation from the PIO-Pulkit Dutta as to why no penal action should be initiated against him for the violation of the express provisions of the RTI Act. “The explanation must reach the Commission within four weeks failing which appropriate action will be initiated suo-moto in terms of law. Further, non-compliance of the directions shall attract necessary action”, read the order of CIC.
In another Second Appeal, the CIC has taken adverse notice of the unexplained absence of the PIO Jammu and Kashmir Armed Police 13th Battalion despite receiving hearing notice in advance.
“Though the information sought by the appellant pertains to third party which is exempted under the RTI Act yet that doesn’t mean that PIO avoids proceedings in the Second Appeal”, the CIC said, adding “the officer is required to submit an explanation as to why penal action should not be initiated against him failing which appropriate action will be taken as per law”.
While dealing with Second Appeal which was filed after denial of timely information about minutes of DPC held on June 16, 2022 of Assistant Divisional Managers to Divisional Managers, the CIC observed, “perusal of records of the case and averments of the respondent—Mohd Rafi Khan, DGM J&K Forest Development Corporation indicate that information available on record was furnished though belatedly”.
“The PIO had in fact been directed even by the First Appellate Authority to furnish the information but despite that timely information was not given to the appellant”, the CIC observed and while taking adverse note of the delay in furnishing of information has sent a warning note to the PIO. “The PIO should strictly adhere to the timeline and provisions of the RTI Act in future”, read the order.
Similar note of caution has also been sent to the Law Officer of the Srinagar Development Authority-Zulfiqar Hussain for delay in furnishing information to the applicant. “The PIO is cautioned to adhere to the timeline in future”, read the order. In this case, the applicant had sought information about the allotment of shops at Fruit Mandi Parimpora, Srinagar.
Moreover, while taking serious note of negligent approach of Bilal Ahmad, Division Manager Industrial Estate Zainakote in dealing with the RTI applications, the CIC has warned him to be careful in future and act within the time-framed provided under the RTI Act, 2005.
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