Mohinder Verma
JAMMU, Mar 29: Yet another department of the State Government has received rap on the knuckles from the State Information Commission (SIC) for denial of information to the applicant for 10 months in blatant violation of provisions of Jammu and Kashmir Right to Information Act and fundamental right of freedom of speech and expression guaranteed under the Constitution of India.
Taking serious note of withholding of information about utilization of funds for several months despite its explicit directions, the Commission has initiated penalty proceedings against two senior officers under Section 17 of the J&K RTI Act.
On May 27, 2017, an application under J&K RTI Act was filed with the Chief Agriculture Officer Jammu/Public Information Officer seeking information about total funds released by the Central and State Governments to Seed Multiplication Farm Chinore, utilization of funds for last two years and sale and purchases made for the farm etc.
The Chief Agriculture Officer transferred the RTI application to the Farm Manager, Seed Multiplication Farm, Chinore for providing information to the applicant directly. However, no information was provided to the applicant forcing him to knock the doors of First Appellate Authority—Director Agricul-ture Jammu. But much to the disappointment of the applicant even First Appellate Authority didn’t dispose of the appeal and this led to filing of 2nd appeal before the State Information Commission.
When the 2nd appeal came up for hearing on January 15, 2018, the Information Commission, in the presence of Director Agriculture Jammu, issued directions for allowing inspection of record by the applicant after the Commission was informed that it was not possible to give copies of all the relevant records for being voluminous.
Though several dates were fixed by the Farm Manager yet inspection of records was denied on one pretext or the other and this was viewed seriously by the State Information Commissioner Mohammad Ashraf Mir when the 2nd appeal again came up for hearing few days back.
“Since the RTI application filed by the appellant on 27-05-2017 was transferred by the CAO, Jammu to Farm Manager, Chinore on 01-06-2017 in terms of Section 6(3) of the J&K RTI Act, the Farm Manager was under statutory duty to provide the information to the appellant within specified time”, the Commission said, adding “the conduct of Farm Manager reflects his discomfort in parting away with the information sought by the appellant”.
In the first place, he asked the appellant to deposit an amount of Rs 50,000 as copying charges, which in no case can be said to be a reasonable demand particularly when the Farm Manager was not himself aware as to how many pages the information sought by the appellant would ultimately make, the Commission observed.
Denying the opportunity of inspection to the appellant on the mutually fixed date of 22-01-2018 on the ground of disturbances at the border also seems to be a subterfuge for denying the access to records as the office was very much functioning on that date. “The attitude of the Farm Manager not only exhibits arrogance but also reflects a conduct which is unbecoming of a Government servant and a disdain for the provisions of RTI Act, the Commission further said, adding “denial of information is not only a violation of a statutory right of the appellant under the RTI Act but also infringement of his fundamental right of freedom of speech and expression guaranteed to him under the Constitution of India as applicable to State of Jammu and Kashmir”.
“The concerned PIO/Joint Director, Agriculture Extension, Jammu has also failed to discharge his responsibilities under the Act. Therefore, the PIO/Joint Director, Agriculture Extension, Jammu and Farm Manager, Seed Multiplication Farm, Chinore are liable to penalty under Section 17 of the J&K RTI Act for not providing access to records/information to the appellant despite assurance given by them before the SIC”, Information Commissioner said.
Accordingly, the Commission has directed the Registry to initiate penalty proceedings against the Joint Director, Agriculture Extension Jammu and Farm Manager, Seed Multiplication Farm, Chinore for denying inspection of the records to the appellant.
Moreover, the State Information Commissioner has directed the PIO/Joint Director, Agriculture Extension, Jammu and Farm Manager, Seed Multiplication Farm, Chinore to provide an opportunity of inspection of records to the appellant within a period of 15 days.
“The PIO shall personally ensure that such inspection of records by the appellant is facilitated and no excuse is made to deny the opportunity of inspection to the appellant”, the Commission further said, adding “in case the inspection is not allowed to the appellant on any pretext, the appellant shall be at liberty to file a complaint before the SIC under Section15 of the RTI Act”.
This case is yet another testimony of Government departments creating impediments in implementation of transparency law in the State.
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