Gross violation of provisions of transparency law
Asks PIOs to justify inaction through written submissions
Mohinder Verma
JAMMU, Apr 15: The Central Information Commission (CIC) has expressed displeasure over the conduct of Deputy Secretary of School Education Department, Tehsildar and Executive Engineer of Public Works Department of Union Territory of Jammu and Kashmir in handling applications under Right to Information Act and asked these Public Information Officers (PIOs) to justify gross violation of provisions of transparency law through written submissions.
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On June 25, 2022, an application under RTI Act was filed before the PIO of School Education Department seeking information about grievance registered with PMO as PMOPG/E/2021/0357567. However, dissatisfied with the non-receipt of information, the complainant filed First Appeal dated 29.08.2022 which was not adjudicated by the First Appellate Authority (FAA) and accordingly the complainant approached the Central Information Commission with the complaint.
During the course of hearing before the Chief Information Commissioner Heeralal Samariya, the complainant stated that the relevant information has not been furnished to him. However, Deputy Secretary School Education Department Peer Zahid Ahmad, who is also Public Information Officer, through the written submission brought to the notice of the Commission that RTI application and First Appeal corresponding to the RTI application has not been received in their office and is not available in official record.
He further stated that the RTI application was not preferred by the applicant before the Central Public Information (CPIO) or First Appellate Authority (FAA) of School Education Department, Civil Secretariat Jammu rather has preferred the same before CPIO/FAA, of School Education Department, Civil Secretariat, Srinagar.
Taking grave exception to the absence of PIO, School Education Department, J&K Government during hearing without intimating any reasons thereof, the Commission, after perusal of case records and submissions made during hearing, expressed severe displeasure over the conduct of the then PIO, School Education Department in not having provided any reply qua the RTI Application within the time frame stipulated under the RTI Act.
Accordingly, the Commission has directed the PIO, School Education Department to file a written explanation justifying the conduct, failing which an action under Section 20(1) and 20(2) of the RTI Act will be initiated against him. “PIO is further directed to send copy of supporting documents on which he relies upon in his submission as well as copy of reply sent on the RTI Application, if any”, read the decision of the Central Information Commission.
In another complaint relating to denial of timely information about road from Bedar to Chamar Kanari via Donu Gam in Poonch district, the CIC, after hearing complainant and Tehsildar Mandi Ashwaq Hussain and perusal of case record, expressed severe displeasure over the conduct of the then PIO, Tehsildar Mandi in not having provided any reply qua the RTI Application within the time frame stipulated under the RTI Act.
Accordingly, the Commission has directed the then PIO, Tehsildar Mandi through the present PIO, Tehsildar Mandi to send written submissions to justify the gross violation of provisions of RTI Act. “In doing so, if any other persons are also responsible for the omission, the then PIO shall serve a copy of this order on such persons under intimation to the Commission and ensure that written submissions of all such concerned persons are sent to the Commission”, read the decision of CIC.
Similarly, the CIC, while expressing displeasure over his conduct, has directed the then PIO, Executive Engineer, (R&B) Division PWD, Mandi, Poonch through the present PIO, Executive Engineer, (R&B) Division PWD, Mandi, Poonch to send written submissions to justify the gross violation of provisions of RTI Act while dealing with an application seeking notification, survey report, authority letter and permit before execution of work on a road in Mandi area.
“If other persons are also responsible for the omission, the then PIO shall serve a copy of this order on them and ensure that their written submissions are sent to the Commission”, read the order of CIC.
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