Causing obstruction in dissemination of information under RTI Act
*FAAs asked to ensure lapses don’t recur in future
Mohinder Verma
JAMMU, Nov 23: The Central Information Commission (CIC) has imposed penalty of Rs 15,000 on a Block Development Officer (BDO) of the Rural Development Department and issued show cause notices to two other BDOs, Chief Executive Officer (CEO) of Municipal Committee and Executive Engineer of Public Works Department for causing obstruction in the dissemination of information and violation of Right to Information Act.
As per the orders of the Commission, the copies of which are available with EXCELSIOR, Chief Information Commissioner Y K Sinha, while dealing with the Second Appeal exposing violation of provisions of RTI Act and non-implementation of directions of First Appellate Authority (FAA), had directed the PIO/BDO, Rajgarh, Ramban Rajesh Sharma to submit an explanation as to why penalty should not be imposed on him for willful violation of the provisions of the RTI Act.
When the case was taken up few days back, the Commission observed, “a written submission has been received from the BDO, Rajgarh in the form of an undated letter which does not bear the name of the signatory”, adding “upon examination of the facts it is noted that the response received from the BDO is inadequate and deficient on multiple counts”.
The Chief Information Commissioner said, “the Commission had granted time and opportunity to the officer even during the hearing of show cause notice but he has not been able to justify the lapses and most importantly the denial of information by him”, adding “in fact the officer has failed to explain his conduct of deliberate and willful obstruction in the dissemination of information and displayed callous attitude”.
Accordingly, the Commission, in exercise of powers vested under Section 20(1) of the RTI Act, 2005 has imposed penalty of Rs 15,000 on Rajesh Sharma, the then PIO/BDO, Rajgarh, Ramban.
Similarly, the non-implementation of RTI Act and non-compliance of directions of First Appellate Authority by the Block Development Officer Mankote in Poonch came to the notice of Commission by way of Second Appeal.
In this case, the CIC observed, “examination of the records of the appeals reveals that the PIO/BDO, Mankote has not sent any submission which indicates that the order dated 23.12.2020 passed by the FAA was complied with”.
In the absence of representation or submission from the respondent to this effect, the Commission directed the Registry to issue show cause notice to Mohd Maqbool, PIO/BDO, Mankote seeking his explanation as to why penalty in terms of Section 20 of the RTI Act, 2005 should not be imposed upon him for the unexplained absence during the hearing and for violation of the provisions of the RTI Act, 2005 by deliberate denial of information and disregarding the specific orders of the FAA.
While reprimanding Manzoor Hussain, the then PIO/BDO of Marwah for blatant violation of provisions of the transparency law, the CIC said, “examination of the records of the appeal reveals that neither the PIO/BDO has sent any submission which indicates that information was furnished in terms of provisions of the RTI Act, 2005 and if so, on which date, nor has he justified with any reasons whether information has been denied”.
“The PIO has not bothered to appear for the hearing nor apprised the Commission with the factual position of the case. Hence, the Registry is directed to issue show cause notice to Manzoor Hussain, the then PIO/BDO, Marwah seeking his explanation as to why maximum penalty to the tune of Rs 25,000 should not be imposed upon him for causing deliberate obstruction in the dissemination of information and violation of provisions of the RTI Act”, read the order.
The Registry has also been directed to send a copy of order to Atul Dutt Sharma, Assistant Development Commissioner bringing the failure of functioning of his officials and the gross and willful violation of the RTI Act, 2005, to his notice. “The FAA must ensure that such lapses do not recur in future, failing which steps shall be initiated as per law”, the CIC said.
Similar show cause notice has also been issued to Amit Chaudhary, PIO/Chief Executive Officer-Municipal Committee, Samba seeking his explanation as to why maximum penalty to the tune of Rs 25,000 should not be imposed upon him for causing deliberate obstruction in the dissemination of information and violation of provisions of the RTI Act.
Puneet Sharma – Director/FAA – Urban Local Bodies has also been asked to highlight the failure of functioning of his officials and the gross and willful violation of the RTI Act and ensure that such lapses do not recur in future.
Likewise, show case notice has been issued to Vinod Kumar, Executive Engineer PWD(R&B), Kathua seeking his explanation as to why penalty in terms of the Section 20 of the RTI Act, 2005 should not be imposed upon him for the unexplained absence during hearing and for violation of the provisions of the RTI Act.
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