Non-compliance of timelines for furnishing information
JMC cautioned against violation of RTI Act provisions
Mohinder Verma
JAMMU, Jan 19: Central Information Commission (CIC) has issued show-cause notices to the General Manager of Food Corporation of India, Sub-Divisional Magistrate (SDM), Tehsildar and other Public Information Officers for non-compliance of the timelines for furnishing information under Right to Information Act. Moreover, the transparency watchdog of the country has cautioned Jammu Municipal Corporation (JMC) against violating the provisions of the Act.
As per the order of the Central Information Commission, an applicant approached Public Information Officer of Food Corporation of India seeking information about outcome of a complaint. As the applicant was not furnished information within the specified timeline, he filed First Appeal which was also not adjudicated by the First Appellate Authority leading to filing of Second Appeal before the Commission.
During the course of proceedings, the representative of the appellant stated that he received reply from the CPIO and General Manager (Vigilance) of FCI after filing of Second Appeal but certified copies of enclosed documents were not provided. He prayed for direction to the respondents for facilitating inspection of records by the appellant.
Chief Information Commissioner Heeralal Samariya, while rejecting the plea of the appellant about inspection of the record, directed the CPIO and General Manager (Vigilance) of FCI to issue true copy of the record supplied under RTI Act. However, the CIC directed the CPIO and General Manager (Vigilance) to explain the reasons behind not following the timelines stipulated under the RTI Act.
According to another Second Appeal, an applicant approached Sub-Divisional Manager (SDM) North Jammu seeking information about encroachment on nullah in Lower Muthi area of Jammu. Neither SDM furnished any information not First Appeal was adjudicated by the First Appellate Authority.
While disposing off the Second Appeal, the Chief Information Commissioner observed, “no reply has been provided to the appellant within the stipulated time period which is a violation of the provisions of the RTI Act, 2005”.
Accordingly, the Commission has directed PIO-cum-SDM North Jammu to provide a reply in accordance with the provisions of the RTI Act, 2005 and explain as to why penal action should not be taken against him as per Section 20 (1) of the RTI Act, 2005.
In one more Second Appeal, an applicant approached Tehsildar Maira Mandrian Jammu seeking information about illegal construction of shop by Numberdar of the area and felling of green trees. However, no response was given to the applicant either by the Tehsildar or by the First Appellate Authority.
While deciding the Second Appeal, the CIC observed, “no reply has been provided to the appellant within the stipulated time period which is a violation of the provisions of the RTI Act, 2005”. Accordingly, the Commission has directed the PIO-cum-Tehsildar Meira Mandrian to provide a reply in accordance with the provisions of the RTI Act, 2005 and show cause explaining the reasons why penal action should not be taken against him as per Section 20 (1) of the RTI Act, 2005.
The Commission has also issued show-cause notice to the PIO in the Directorate of Social Welfare Kashmir with the direction to explain the reasons for not providing reply within the time-frame stipulated under the RTI Act. The applicant had approached the PIO seeking information about functional Family Counseling Centres and expenditure details incurred for distress women cases.
Another show-cause notice has been issued to PIO in the Health and Medical Education Department seeking reasons for his absence during the proceedings of Second Appeal before the Commission relating to the RTI application whereby information about appointment of officer to the Time Scale of JKAS was sought.
Meanwhile, the Central Information Commission has cautioned the Jammu Municipal Corporation against violation of provisions of the RTI Act in future. The warning note has been issued after it was noticed by the Commission that the PIO furnished that information to the applicant which was exempted from disclosure as per Section 8(1)(j) of the RTI Act.
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