Gross violation, legally unacceptable conduct flagged
Mohinder Verma
JAMMU, Apr 10: The Central Information Commission (CIC) has exposed a disturbing pattern of gross violation of the provisions of the RTI Act, complete inaction and legally unacceptable conduct by multiple Public Authorities in the Union Territory of Jammu and Kashmir, issuing show cause notices to the Block Development Officer (BDO) and Block Medical Officer (BMO) while cautioning other officers.
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As per one case before the CIC, an appellant filed an RTI application dated 14.02.2024 before the BDO, Mahore in Reasi district, seeking information on 11 points, including funds received by Panchayat Halqa Bal under various Government schemes and the number of beneficiaries under the PMAY scheme in Panchayat Halqa Bathoi.
Not satisfied with the information provided by the PIO and the non-adjudication of the First Appeals, the appellant approached the CIC through a Second Appeal. The Commission observed that the First Appeals dated 15.03.2024 and 29.06.2024 were not adjudicated by the First Appellate Authority (FAA).
Taking an adverse note of the FAA’s complete inaction in failing to adjudicate the appeals, the CIC cautioned the authority to strictly adhere to the timelines prescribed under the RTI Act in future.
“The PIO—BDO Mahore had sent a cryptic response dated 25.05.2024, which was delayed by over three months of the stipulated period of 30 days. More importantly, a point-wise response was not communicated to the appellant keeping in view the provisions of the RTI Act, 2005”, the Commission observed.
“The conduct of the PIO clearly constitutes gross violation of the provisions of the RTI Act without any reasonable cause and is not acceptable”, the CIC said, directing issuance of a show cause notice to the BDO, Mahore, asking why maximum penalty should not be imposed.
In another case, a complainant filed an RTI application dated 21.08.2024 before the PIO, Chief Medical Officer, Ganderbal, seeking information regarding a Female Multipurpose Health Worker under the Block Medical Officer, Kangan.
The complainant alleged that incomplete information was provided and that Section 8 of the RTI Act was wrongly invoked to deny certain details.
After hearing both sides, the CIC observed that the Block Medical Officer, Kangan, had failed to justify disclosure of personal information of a third party despite her explicit refusal conveyed under Section 11 of the RTI Act.
“The conduct of the Block Medical Officer is legally unacceptable as it violates the privacy of the third party and the provisions laid down under Section 8(1)(j) and Section 11 of the RTI Act”, the Commission said.
Accordingly, a show cause notice was issued to the BMO, Kangan, asking why penalty should not be imposed for violating the provisions of the RTI Act and transgressing the privacy of the third party, despite her express refusal to disclose her personal information to the complainant.
In a separate case, the Commission flagged procedural lapses by the Chief Agriculture Officer, Rajouri, noting that information was provided only after receipt of the hearing notice.
The delay, the respondent admitted, was due to voluminous information spanning over a decade and shortage of staff.
However, the CIC took an adverse view of the failure to send even an interim reply, observing that the PIO should have informed the appellant about the time required. The Commission cautioned the officer to be more diligent in handling RTI cases and to strictly adhere to the timelines stipulated under the Act.
Across the cases, the CIC reiterated that the RTI Act is a progressive and beneficial legislation enacted to promote transparency and accountability, but warned that delays, non-adjudication, evasive replies and privacy violations undermine its very purpose.
With multiple show cause notices issued and strict warnings recorded, the Commission’s orders send a clear message that failure to comply with RTI provisions, whether through delay, denial or unlawful disclosure, will invite scrutiny and possible penal consequences.
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