Excelsior Correspondent
SRINAGAR, Mar 7: State Information Committee (SIC) has observed that even after five years of the operation of State RTI Act, authorities who are vested with the powers to implement the Act are not well versed with the provisions of law and treat the duties assigned to them under this Act in a routine and administrative fashion.
These observations have been made by the Chief Information Commissioner, G R Sufi in a second appeal filed by one M Yaqub Shahdhar, a resident of Batmaloo against PIO/Deputy General Manager of Jammu and Kashmir Projects Construction Corporation Limited.
According to the appeal, Mohammad Yaqub Shardhar filed RTI application on 10.04.2012 before Managing Director J&K Projects Construction Corporation, Panama Chowk Jammu. The PIO passed order on 31.08.2013. However, the appellant not being satisfied with the information filed First Appeal on 19.06.2013, which was also addressed to Managing Director JKPCC with a request that it be forwarded to the concerned First Appellate Authority.
As there was no response from the First Appellate Authority, the appellant filed second appeal before the Commission, which after hearing both PIO and Appellant observed, “there is nothing on record that Financial Controller, who was designated as FAA, has adjudicated the appeal for which he was designated as First Appellate Authority. He had to hear appellant as well as PIO but it pains the Commission to find that even after 5 years of operation of State RTI Act, authorities who are vested with the powers to implement this Act in the State are not well versed with the provisions of law and treat the duties assigned to them under this Act in a routine and administration fashion”.
“The order passed by the PIO suffers from some important infirmities. Information has not been provided to the information seeker on the plea that this information is possessed and held by unit 3rd despite the fact that Section 5 (4) (5) places a responsibility on the PIO to seek assistance of any other officer with whom a part of information lies to provide the same to the information seeker”, the Commission said and directed the PIO to collect the information and provide the same to the information seeker within 5 days from the pronouncement of this order.
The Commission also directed the PIO to explain the reasons for delay in supplying the information beyond mandatory period under the RTI Act 2009 so that action under Section 17 is initiated against him. “The reply of the PIO should reach within 30 days from the receipt of this order”, the Commission directed.
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