Explanations sought from ADC, Jt Comm, X-En, others
Mohinder Verma
JAMMU, Nov 16: Shocking it may sound but it is a fact that even for obtaining small information the applicants are being compelled by the Public Information Officers (PIOs) of departments of J&K Government to knock the doors of the Central Information Commission, which while taking serious note of the prevailing situation has sought explanations from a number of officers including Additional Deputy Commissioner, Joint Commissioner and Executive Engineer with the warning to initiate penal action for violation of provisions of Right to Information Act.
Follow the Daily Excelsior channel on WhatsApp
Few such latest instances came to the notice of Central Information Commission, which was apprised through Second Appeals about the non-cooperation on the part of the Public Information Officers as well as failure of the First Appellate Authorities to adjudicate the First Appeals well in time.
In one such case, applicant had sought some clarification regarding office seal on a license and issuance of No Objection Certificate. However, for several months the information was not provided to the applicant by the office of the Deputy Commissioner Udhampur which compelled the applicant to approach Central Information Commission.
After hearing both the sides, the Central Information Commission observed, “since the instant case is a complaint filed by invoking Section 18 of the RTI Act, the only question which requires adjudication is whether information has been furnished and whether there has been any malafide denial of information”.
Considering the fact that no documents were found on record which indicate that information had been sent to the complainant, the Commission directed Prem Singh, Additional Deputy Commissioner Udhampur to submit a suitable explanation for non-furnishing of information and why no penal action should be initiated for violation of the express provisions of the RTI Act.
“The explanation must reach the Commission within four weeks failing which appropriate action shall be initiated suo moto in terms of law”, read the order of the Commission, the copy of which is available with EXCELSIOR.
Another case before the CIC was that applicant was denied complete information about construction permission, deviations noticed by the field staff of Srinagar Municipal Corporation (SMC) and notices issued before carrying out demolition even after the intervention of First Appellate Authority.
“Despite lapse of sufficient time, Joint Commissioner Planning of SMC Gulzar Ahmad has failed to upload the required document whereby he claims that information had been furnished to the appellant. The record of the case reveals that no response has been sent by the respondent which is in contravention of the provisions of the RTI Act”, the CIC observed.
Taking serious note of this, the Commission has directed Joint Commissioner Planning of SMC that appropriate reply furnishing correct and accurate information with respect to the queries raised by the appellant should be sent to him within three weeks.
Taking adverse notice of the delay caused in furnishing of the response, the Commission has directed the officer to submit explanation for inordinate delay caused in sending response to the applicant and why no penal action should be initiated against him.
In yet another case, applicant was denied information regarding widening of a road within the stipulated time-frame by the PIO of Public Works Department thereby compelling the applicant to approach transparency watchdog of the country.
“Perusal of record shows that no response has been sent by the PIO thereby acting in contravention of the provisions of the RTI Act. Moreover, the respondent has not bothered to appear during the hearing nor made any submissions about the case at hand thereby leading to the proceedings being vitiated”, the CIC observed while seeking explanation from the officer as to why penal action should not be initiated against him for deliberate violation of the provisions of the RTI Act.
Similarly, explanation has been sought from Executive Engineer Power Development Department Firdaus Ahmad Bhat for blatant violation of provisions of RTI Act by denying information to the appellant even after a lapse of almost two years.
Explanation has also been sought from PIO, Police Headquarters J&K for willful violation of the provisions of the RTI Act by unexplained absence during the hearing even after receipt of hearing notice in advance.
Follow our WhatsApp channel
