JMC doesn’t have Nodal Officer for RTI Act
Commissioner asked to act, end prevailing confusion
Mohinder Verma
JAMMU, July 27: Central Information Commission (CIC) has issued show-cause notice to three more Block Development Officers (BDOs) of Jammu and Kashmir Government for denying timely information under Right to Information Act. Moreover, it has asked the Commissioner of Jammu Municipal Corporation to act immediately in order to bring an end to the confusion prevailing in the Corporation in the absence of Nodal Officer for the transparency law.
As per the case before the Commission, in the month of April 2016, an applicant approached the office of Assistant Commissioner Development Udhampur seeking year-wise details of works executed under Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in Panchayats falling in Chanunta, Khoon and Kulwanta blocks.
However, the application was transferred under Section 6(3) of the Right to Information Act to Block Development Officers of Chanunta, Khoon and Kulwanta blocks for providing information to the applicant.
Despite lapse of considerable period of time, the BDOs of Khoon and Kulwanta blocks failed to provide information to the RTI applicant while as BDO of Chanunta block sent a backdated reply to the applicant asking for additional fees to be paid for copy of documents.
This compelled the applicant to approach the Central Information Commission with the complaint against the BDOs. In support of his contentions against BDO Chanunta, the complainant even enclosed the copy of the speed post envelope and submitted that he received the averred reply.
During the course of proceedings before the CIC, none of the BDOs caused presence and the Commission took strong exception to their absence. Accordingly, the Information Commissioner Divya Prakash Sinha directed the BDOs to send their written submission to show-cause as to why action should not be initiated against them under Section 20(1) and (2) of the RTI Act for not providing information on the RTI application within the stipulated time-frame—within 30 days of the receipt of RTI application.
“The prima-facie failure of the respondents to comply with the mandate of RTI Act amounts to causing obstructions to the complainant’s right to information”, the Commission said, adding “the written submission of each of the respondents should reach the Commission within 15 days”.
The Commission has also asked the Assistant Commissioner Development, who is also District Programme Coordinator of MGNREGA in the Udhampur district to ensure compliance of the directions.
In another case wherein applicant had sought information regarding construction of vermin-compost units in Jammu city since 2015, cost of their construction and agencies involved in the execution of the projects, the Central Information Commission has passed strictures against the Jammu Municipal Corporation for its failure to put in place a proper mechanism for ensuring timely information to the applicants under RTI Act.
After perusal of facts before it, the CIC observed, “originally the appeal was filed for not having received any reply on certain paragraphs of the application. Subsequently, when erstwhile State Information Commission of J&K issued notice to the parties for seeking submissions, the Joint Commissioner Works of Jammu Municipal Corporation provided detailed report of the additional replies provided by different sections of the Corporation. However, information on other paragraphs has not been furnished to the applicant”.
The Commission expressed displeasure over the avoidable confusion created by various sections in the Jammu Municipal Corporation and said, “despite inordinate delay, information has been only provided in parts on varied dates and yet it is incomplete till date”.
The CIC noticed that there is no system of any Nodal Officer for RTI in Jammu Municipal Corporation and different sections provide separate reply to the RTI applicants directly.
“The Commission finds the absence of a Nodal CPIO in the JMC to be a serious concern particularly when Municipal Corporations function through umpteen sections and expect a relatively large number of RTI applications being filed annually”, the Information Commissioner said, adding “it is imperative to appoint a Nodal CPIO to facilitate smooth access to information as well as to ensure diligent record keeping as matters under RTI Act are time bound and failure to comply with the mandate of the RTI Act may attract penalties and disciplinary action against erring PIOs”.
Accordingly, the Commission has asked the Commissioner of Jammu Municipal Corporation to take note of the adverse remarks and initiate necessary action in terms of appointing a Nodal CPIO, who can be entrusted with the responsibility of collecting the information pertaining to all concerned sections and provide a consolidated reply to RTO applicants so as to avoid omissions such as the one averred in the instant case.
The Commission has further directed the Executive Engineer (Projects) and PIO to procure the information as sought by the applicant and furnish the same free of cost.
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