Blatant violation of transparency law, obstacles in furnishing info
*J&K Govt needs to ensure strict implementation of RTI Act
Mohinder Verma
JAMMU, June 5: Continuing to expose the reluctance on the part of the officers of the Union Territory of Jammu and Kashmir in implementation of Right to Information Act, the Central Information Commission (CIC) has issued show-cause notices for initiating penalty proceedings against over dozen officers including Collector, Under Secretary, Assistant Commissioner Development and others.
On January 3, 2018, an RTI application was filed before the PIO PWD Jammu, PIO Land Acquisition Collector and Tehsildar Bahu seeking information about construction of road in village Chowadhi in the outskirts of Jammu and acquisition of land for the same.
Till November 2020, no satisfactory information was provided to the information seeker and this clearly reveals how much non-serious were the concerned officers towards ensuring compliance of the provisions of the transparency law.
Finally, the complainant knocked the doors of the Central Information Commission, which in its latest order in the case, has observed, “perusal of records including the written submission which has been received from Tehsildar Bahu fails to provide that any information was ever furnished to the complainant by the PIO Land Acquisition Collector, PW(R&B) Jammu and PIO Tehsildar Bahu”.
“Examination of the facts of the case reveals that the inordinate delay and lapse of not furnishing the information has nowhere been explained or justified nor any attempt made by the PIO to demonstrate that information was provided to the complainant”, the CIC said, adding “both the PIOs have blatantly violated provisions of the RTI Act by non furnishing of any information and disregarded the orders passed by the erstwhile J&K State Information Commission”.
Accordingly, the CIC has issued show-cause notices to Moksha Dogra, PIO Land Acquisition Collector and Dr Rohit Sharma, PIO Tehsildar Bahu for explaining why penalty should not be imposed on them for deliberate violation of the provisions of the RTI Act by willfully concealing the information.
As per the second case before the CIC, an RTI application was filed on July 17, 2019 seeking information from the Housing and Urban Development Department on certain issues but the applicant remained deprived of the same till October 2020 when the complaint was filed before the Central Information Commission.
In this case, the CIC has deemed it appropriate to remand the appeal to the Additional Secretary Housing and Urban Development Department Rakesh Kumar for proper adjudication of the First Appeal upon hearing the relevant parties and pass a reasoned speaking order. “In case of non-compliance appropriate action in terms of the provisions of the Act will be initiated”, the Commission said.
Moreover, the Commission has sought explanation from Under Secretary Tannnaji Bhat as to why no action should be initiated against him for blatant violation of the provisions of the RTI Act. “The explanation must reach the Commission by July 15, 2022 failing which appropriate action will be initiated suo-moto as per the law”, the CIC has made it clear.
The Commission has also issued warning to the Assistant Commissioner Development Kishtwar Atul Sharma for initiating penal action under Section 20(1) of the RTI Act in case he fails to provide information after obtaining the same from the concerned Block Development Officers by July 15, 2022 under intimation to the Commission.
The applicant vide application dated November 14, 2019 had sought details of CDF of former MLA Sunil Kumar Sharma, details of CDF of MLCs and details of MPLAD of Union Minister and MP Dr Jitendra Singh but he remained deprived of the same till date.
Moreover, taking serious note of inordinate delay and lapse of not furnishing the information sought through a formal application on July 6, 2020, the Central Information Commission has issued show-cause notice to Amit Upadhyay, the then Tehsildar Bhalwal for explaining why penalty should not be imposed on him for violation of the provisions of the Act by causing deliberate obstruction in the dissemination of information.
The applicant had sought information vis-à-vis compliance of the order of the Divisional Commissioner regarding adherence to norms and rules while allowing excavation of land and violation of status quo orders.
Similarly, show cause notice has been issued to Sheetal Sharma, Block Development Officer Kishtwar for explaining why penalty should not be imposed on her for deliberate violation of the provisions of the transparency law. She has been held guilty of not furnishing information vis-à-vis execution of works, name of the contractors whom payment was made and beneficiaries of the executed work.
In another case of violation of RTI Act, show cause notice has been issued to Jai Singh, Tehsildar Jammu North asking him to explain why penal action should not be initiated against him for the delay in complying with the order of the First Appellate Authority in a land case.
“During the past few months, the Commission has issued show-cause notices to more than 50 officers and the prevailing situation demands that Government of Union Territory should put in place a mechanism to ensure implementation of transparency in letter and spirit”, sources said, adding “remaining mute spectator to the strictures being passed by the Central Information Commission amounts to indirectly facilitating obstructions in ensuring transparency”.
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