Citizens forced into prolonged battles for information
DC, BDOs among officials issued show cause notices
Mohinder Verma
JAMMU, June 8: The Central Information Commission (CIC) has exposed what appears to be a disturbing pattern of indifference towards the Right to Information (RTI) Act in Jammu and Kashmir, pulling up officials from four separate departments for withholding information, ignoring statutory appeals, skipping hearings and forcing citizens into prolonged legal battles to access records that should have been disclosed within weeks.
In a series of orders, the copies of which are available with EXCELSIOR, the Chief Information Commissioner ordered initiation of show-cause proceedings against officials of the Revenue Department in Rajouri, District Fund Office Rajouri, Jammu Municipal Corporation (JMC) and Block Development Offices of BK Pora in Budgam and Kahara in Doda, asking them to explain why penalties should not be imposed for violating provisions of the RTI Act.
Follow the Daily Excelsior channel on WhatsApp
The cases reveal a common and troubling trend—-Public Authorities either failed to respond to RTI applications, furnished information after inordinate delays, ignored orders of appellate authorities or simply chose not to appear before the Commission to defend their actions.
One of the most serious observations came in a case involving a Rajouri resident seeking information about a road, revenue records, maps and alleged encroachment issues in Muradpur village.
The applicant approached the Revenue Department in May 2024 seeking details about the status of a road recorded under specific khasra numbers, its dimensions, alignment, maps and related records. He later informed the Commission that the information was crucial because he was allegedly facing illegal encroachment on his land and that repeated representations to authorities had failed to yield results.
However, according to the Commission’s findings, neither was any information supplied to the applicant nor was the first appeal decided. Matters worsened when no representative from the Revenue Department appeared before the Commission during the hearing and no written explanation was filed.
Taking strong exception to the conduct, the Commission observed that the complete silence of the department amounted to violation of the RTI Act and reflected a casual and indifferent attitude towards transparency obligations. It directed the department to furnish information within two weeks and simultaneously initiated show-cause proceedings against the concerned Public Information Officer (PIO).
Another case highlighted how even retired employees are being compelled to seek intervention from the country’s apex transparency watchdog for access to their own financial records.
A retired Government employee approached the District Fund Office, Rajouri, seeking ledger records of his General Provident Fund account from 1980-81 onwards, claiming there had been miscalculation in settlement of his retirement benefits.
Despite filing an RTI application and subsequent appeal, he received no response and the first appeal remained undecided. During the hearing, it emerged that the information had eventually been supplied and part of the pending amount released.
However, the Commission found that the records were provided only after a delay of more than five months and that the PIO had failed to offer any reasonable explanation for the delay. The official also chose not to attend the hearing.
The Commission further noted that failure of the First Appellate Authority to decide the appeal had rendered the first appellate mechanism ineffective, forcing the applicant to pursue a second appeal before the CIC.
Penalty proceedings have been initiated against the concerned officer.
The Jammu Municipal Corporation also came under severe criticism in a case linked to an alleged unauthorized commercial complex in Channi Kamala area of Jammu.
The RTI applicant had sought copies of demolition notices, enforcement proceedings, violation reports, responses filed by the building owner and follow-up action taken by municipal authorities against the allegedly illegal structure.
The matter became particularly significant because the First Appellate Authority had already directed the concerned officials in August 2024 to provide complete information. Yet, according to the Commission, substantial information remained withheld and was supplied only in February 2026, nearly one-and-a-half years later.
The Commission recorded that information regarding several queries appeared to have been deliberately denied despite clear directions from the appellate authority. It also found fault with the failure to transfer one of the queries to the appropriate Building Section and criticised the absence of the concerned CPIO during the hearing.
In a stern warning, the Commission directed that the pending query be transferred to the competent authority within two weeks and made it clear that non-compliance could invite further penal action. Simultaneously, it ordered issuance of a show-cause notice to Deputy Commissioner South of Jammu Municipal Corporation.
Equally troubling observations emerged in a case involving the BDO office at BK Pora in Budgam district. The applicant had sought extensive details regarding Panchayati Raj Institution funds, MGNREGA works, Swachh Bharat Mission toilets, hand pumps and various development projects executed over several years.
During the hearing, officials claimed that information had been supplied through a communication issued in November 2024. However, when questioned by the Commission, they were unable to establish that the information had actually been delivered to the applicant. Nor could they satisfactorily explain the delay or identify which documents corresponded to specific RTI queries.
The Commission described the conduct of the public authority as irresponsible and unacceptable and ordered a fresh point-wise response to the applicant. It also initiated penalty proceedings against the then Block Development Officer, holding that the RTI application had not been handled in accordance with law.
In another case, the Central Information Commission initiated proceedings against the Block Development Officer (BDO), Kahara in Doda district for violation of the provisions of the RTI Act.
The information sought related to public expenditure and developmental works executed over a decade, records that are central to ensuring transparency in rural governance and utilization of public funds. Yet, according to the case records, neither a response to the RTI application nor a decision on the first appeal was placed on record, forcing the applicant to approach the Commission for relief.
All these cases clearly establish that citizens seeking information about development works, beneficiary lists and public spending are routinely being compelled to undertake lengthy legal battles to secure records that should ordinarily be available under the RTI Act.
The findings raise questions about the functioning of the transparency regime in Jammu and Kashmir, particularly the effectiveness of First Appellate Authorities whose intervention is intended to resolve disputes before citizens are compelled to approach the Central Information Commission.
Follow our WhatsApp channel
