Deliberate obstruction in dissemination of information
Serious note taken of non-participation in hearings
Mohinder Verma
JAMMU, Mar 6: Central Information Commission (CIC) has sought explanation from Jammu and Kashmir Administrative Service (JKAS) officer and two other Public Information Officers (PIOs) for deliberate obstruction in dissemination of information under the Right to Information Act. Moreover, the Commission has taken serious note of non-participation in the hearings by the officers even after being served advance notice.
The case before the Central Information Commission was that the complainant had filed an RTI application dated August 1, 2018 seeking copies of all the instructions given and interim orders issued by the Government/competent authorities in respect of migrant property in Srinagar district, benefits of reservation in educational institutions and issuance of migrant certificate etc.
However, there was no satisfactory reply from the Public Information Officer in the Department of Disaster Manag-ement, Relief, Rehabilitation and Reconstruction and this led to filing of first appeal before the First Appellate Authority, who in the order mentioned: “the appeal has been rejected on the grounds that due procedure has not been followed”.
Aggrieved and dissatisfied, the complainant approached the Central Information Commission and upon perusal of the facts of the case, Chief Information Commissioner Y K Sinha observed, “the respondent PIO in the department has neither appeared nor deputed any official to attend the hearing on her behalf”, adding “the unexplained absence of the respondent has thus vitiated the proceedings”.
Accordingly, the Commission has sought explanation from Anjali Fotedar (JKAS), Deputy Secretary in the Department of Disaster Management, Relief, Rehabil-itation and Reconstruction for her absence which has rendered the hearing infructuous and thereby contravening the provisions of the RTI Act. “The explanation should reached the Commission by March 31, 2022 failing which appropriate action will be initiated as per the law and on the basis of available records”, the Chief Information Commissioner has mentioned in the order.
Another case before the Commission was that the complainant had approached the PIO in the office of District Disaster Management Authority Srinagar seeking information pertaining to the COVID-19 mitigation and prevention efforts undertaken by the Authority since nationwide lockdown announced on March 23, 2020.
However, no information was provided to the information seeker, who accordingly knocked the doors of the Central Information Commission, which issued notices to the concerned authorities including the PIO.
When the case came up for hearing recently, it came to the fore that despite service of hearing notice in advance along with the complete set of the Second Appeal including the RTI application, no attempt was made by the respondent to make arrangements for dissemination of information or seek time to do the needful.
Accordingly, the Chief Information Commissioner observed, “the PIO, District Disaster Management Authority has not even bothered to attend the hearing to explain his stance. Though the hearing notice was sent to the respondent at the same address as mentioned in the RTI application, the hearing notice was duly delivered while it has been claimed that the RTI application has not been delivered”.
While directing the PIO to furnish complete point-wise information within three weeks, the Chief Information Commissioner has directed the PIO Imtiyaz Nayak to submit his explanation as to why no penal action should be initiated against him for causing deliberate obstruction in dissemination of information thereby violating the provisions of the RTI Act.
“Both the directions should be complied by the PIO and the report in this regard must be submitted before the Commission by March 31, 2022 failing which appropriate penal action shall be initiated as per the law”, the Chief Information Commissioner has made it clear in the order.
The same applicant had also sought information pertaining to the internet facilitation centre set-up and functional at DDC office Srinagar in the backdrop of curbs on internet since August 5, 2019 but the same was also denied to him and finally the case landed in the Central Information Commission.
While passing direction for furnishing information to the appellant within one week, the Chief Information Commissioner has directed the PIO in the office of District Development Commissioner Srinagar to submit his explanation for delay caused in dissemination of information in contravention of the provisions of the RTI Act.
Follow our WhatsApp channel
