*‘They remain inexplicable regarding fate of RTI applications’
BDO, XEn asked to explain why action be not taken
Mohinder Verma
JAMMU, May 20: Central Information Commission (CIC) has expressed serious displeasure over the conduct of many Public Information Officers (PIOs) of the Union Territory of Jammu and Kashmir and said that they remain inexplicable regarding the fate of the RTI applications or the First Appellate Authority (FAA) orders.
Moreover, the Commission has asked two such PIOs—Block Development Officer of the Rural Development Department and Executive Engineer of the Jammu Municipal Corporation to explain why action should not be initiated against them under the provisions of the Central Right to Information Act.
These observations were made and directions passed by Divya Prakash Sinha, Information Commissioner in the Central Information Commission while hearing a number of cases which have been directly registered with the Commission following repeal of the Jammu and Kashmir Right to Information Act, 2009 by virtue of the provisions of the Jammu and Kashmir Reorganization Act, 2019.
In one such case, an RTI applicant had approached Public Information Officer-cum-Block Development Officer of Changa Block in Doda district on August 2, 2019 seeking information regarding details of the works undertaken from the Member of Parliament Local Area Development (MPLAD) of Ghulam Nabi Azad in Changa Panchayat during the period between 2015 and 2019.
However, the PIO Krishan Kumar Raina failed to provide information to the applicant leading to knocking of the doors of the Central Information Commission by the applicant Showkat Ali Bhatt.
During the course of hearing before the Information Commissioner, the PIO submitted that he had forwarded information to the appellant by registered post. However, his claim was contested by the appellant who submitted that he stays very close to the Post Office and BDO office as such there is no way for him to have not received a letter claimed to be sent by the registered post.
Taking serious note of the inordinate delay caused by the PIO in providing the information, the Information Commissioner observed, “the contention of the appellant that he has not received the PIO reply till date casts a reasonable apprehension on the veracity of the PIO’s claim”.
Accordingly, the Information Commissioner directed the PIO to send his written submission explaining as to why show cause proceedings should not be initiated against him to initiate action as per the provisions of the RTI Act for prima-facie failing to provide any reply to the applicant. “The written submission should reach the Commission within 15 days from the date of receipt of the order”, the Information Commissioner said.
The CIC further directed the PIO to provide an opportunity to the appellant to inspect relevant records and furnish a compliance report.
In two other cases, the RTI applicant Vipin Sharma had filed applications before the PIO-cum-Executive Engineer-II of the Jammu Municipal Corporation Arun Gupta on November 11 and November 19, 2019 respectively seeking information pertaining to fixation of tiles and remodelling of the drains in the areas under the jurisdiction of JMC, copy of Notice Inviting Tender for such works and aggregate estimates.
However, no information was provided to the applicant by the PIO even after express directions from the First Appellate Authority. Moreover, no explanation was furnished by the PIO to the CIC for the omission and rather he requested for time to tender his submissions.
Expressing serious displeasure over the conduct of the PIO, the CIC said, “the officer has remained inexplicable regarding the fate of the RTI application or the FAA order”, adding “it is rather irksome to note that the PIO appeared for the hearing with sheer callousness as he displayed absolute ignorance regarding the facts of the case thus causing wastage of the time and resources of the Commission in addition to being an impediment to the dispensation of justice”.
“The failure of the PIO to provide reply to the applicant amounts to gross violation of the provisions of the RTI Act as such he is directed to send written submission to show-cause as to why action should not be initiated against him as per the provisions of the RTI Act”, the Commission said.
The CIC has directed its Registry to send copy of this order to the Commissioner of the Jammu Municipal Corporation for taking note of the adverse observations and to ensure compliance of the direction.
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