Non-compliance of directions, timelines fixed under RTI Act
*Govt officers don’t want transparency in functioning
Mohinder Verma
JAMMU, Apr 25: Putting more officers of the Jammu and Kashmir Government in the dock for not furnishing information under the Right to Information Act even after the explicit directions, the Central Information Commission (CIC) has issued show-cause notices to the Assistant Commissioner (General), Tehsildar and Medical Superintendent for initiating penal action against them as per the provisions of the transparency law.
As per the Central Information Commission, an RTI application was filed on September 11, 2019 seeking information from the then Assistant Commissioner (General) Jammu Rohit Khajuria about the legal notice under Section 80 CPC. However, the information was not furnished to the applicant within the stipulated time and accordingly he knocked the doors of the First Appellate Authority on September 23, 2019, which was not adjudicated by the First Appellate Authority.
Feeling aggrieved and dissatisfied, the appellant approached the Central Information Commission with the Second Appeal. During the course of hearing, Ramesh Chandan, First Appellate Authority and Additional District Development Commissioner Jammu stated that Rakesh Kumar Dubey, Assistant Commissioner (General) Jammu is the concerned Central Public Information Officer (CPIO) Jammu in the instant matter.
Keeping in view the facts of the case and the documents available on record, the Central Information Commission observed, “no reply has been provided to the appellant since 2019. The respondent was not present during the hearing to apprise the Commission about the factual position in the matter”.
Accordingly, the Chief Information Commissioner Y K Sinha has directed Rakesh Kumar Dubey, the Assistant Commissioner (General) Jammu to examine the RTI application and provide a point wise response to the appellant in accordance with the provisions of the RTI Act, 2005 by May 31, 2022 under intimation to the Commission. The officer has also been directed to show-cause as to why penal action as per the Section 20(1) of the RTI Act, 2005 should not be initiated against him for not complying with the timelines prescribed under the Act.
Similarly, show-cause notice for penal action has also been issued against Tehsildar Ramgarh Farookh Hussain for taking casually RTI application filed in the year 2018 seeking information on mutation of land in the area falling under his jurisdiction. In this case, the State Information Commission vide interim order dated January 7, 2019 had adjourned the matter and directed the CPIO to provide the original record relating to attestation of mutation before the Commission and thereafter the State Information Commission vide orders dated March 6, 2019 and August 30, 2019 adjourned the matter due to non-appearance of both the parties.
Aggrieved over inordinate delay in furnishing of information, the applicant filed complaint before the Central Information Commission and during the course of hearing the Tehsildar Ramgarh stated that in compliance with the last order of the State Information Commission assistance was sought from Provincial Rehabilitation Officer (PRO) Jammu and Tehsildar Samba for tracing the information but no reply was forthcoming from them.
“It is really a matter of serious concern that orders of the State Information Commission have not been complied with till date as such this case deserves to be treated as per the provisions of Section 20 of the RTI Act which provides for penalties and confers powers on the Commission on the basis of which it can enforce its order”, the Chief Information Commissioner observed with the direction to the Tehsildar Ramgarh to submit an explanation stating the reasons why penal action should not be initiated against him for the non-compliance of the earlier orders.
Likewise, RTI application filed in the year 2018 seeking information on the number of blood units in the blood bank of the Government Medical College and supply of blood to the private nursing homes remained pending since 2018 even after the directions of the State Information Commission.
Now, the Central Information Commission has observed, “the issue pending for consideration is regarding the proof of the dispatch of the reply dated March 31, 2018 by the then PIO-cum-Medical Superintendent Government Medical College and Hospital Jammu, which could not be resolved due to the persistent non-compliance of the earlier directions by the erstwhile PIO”. Accordingly, the Commission has granted the final opportunity to the then PIO-cum-Medical Superintendent of GMC Jammu to comply with the orders of the State Information Commission.
He has further been asked to show-cause why maximum penalty of Rs 25,000 under the RTI Act should not be imposed upon on him. “In case of the failure to comply with this direction, penal action may be suo-moto initiated against him as per the RTI Act, 2005”, read the order of the Commission.
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