Blatant violation of RTI Act, creating obstacles in info dissemination
Officers in many deptts not comfortable with transparency law
Mohinder Verma
JAMMU, May 21: In a major embarrassment for the Government of Union Territory of Jammu and Kashmir, the Central Information Commission (CIC) has sought explanations from several officers including Medical Superintendent, Chief Education Officer and Deputy Superintendent of Police for deliberate obstruction in the dissemination of information under Right to Information Act.
They have been told to explain why penalty should not be imposed on them for blatant violation of the provisions of the RTI Act and for becoming stumbling block in implementation of the transparency law in letter and spirit.
The case before the Central Information Commission was that on January 1, 2018 an application was filed under RTI Act before PIO in the Directorate of School Education Kashmir seeking information on certain points. Having not received a response from the PIO, the applicant filed a complaint with the then State Information Commission, which vide notice dated February 20, 2018 sought counter reply from the PIO.
Though the Directorate of School Education Kashmir submitted a written statement on May 14, 2022 explaining the action taken in the case yet the Chief Information Commissioner Y K Sinha on perusal of records observed, “the information appears to have been provided to the complainant by the Chief Education Officer, Kupwara vide letter dated May 13, 2022 as has been duly acknowledged by the complaint and the instant case is a complaint filed under Section 18 of the RTI Act where the Commission is only required to ascertain if the information has been denied with any malafide intention or without any reasonable cause by the respondent”.
“Records of the case indicate that there has been an inordinate delay in disclosure of information without any reasonable cause”, the Chief Commissioner said and directed the Chief Education Officer Kupwara Abdul Hamid Fani to submit an explanation as to why action should not be initiated against him for the excessive delay in furnishing the information and blatant violation of the provisions of the RTI Act. The officer has been given time till June 15 for appropriate explanation failing which action will be initiated as per law.
In another case, information was sought from Medical Superintendent Baramulla vide application dated February 22, 2017 seeking details of total expenditure on purchase of medicines, drugs, surgical items and equipments; details of approved firms which have supplied the items for the financial year 2016-17 along with the bill details.
In this case, the Commission has observed, “no response seems to have been provided to the complainant by the actual custodian of information-the then PIO in the office of Medical Superintendent Baramulla”, adding “the current PIO/Medical Superintendent has taken charge only in August 2021 and has claimed that the officers who held office in 2017 have either retired or have been transferred”.
“Examination of the facts of the case reveals that the inordinate delay and lapse of not furnishing the information occurred at the hands of the erstwhile PIO. Hence the Registry is directed to issue show-cause notice to Dr Syed Masood, the then PIO currently posted in Directorate of Health Services Kashmir to explain why penalty should not be imposed on him for violation of the provisions of the RTI Act by causing deliberate obstruction in the dissemination of information”, read the order of the Central Information Commission.
The CIC has also taken serious note of inordinate delay in furnishing of information by the PIO, Police Headquarters Rajouri in response to the application filed on July 27, 2015. “Perusal of the records reveals that no response seems to have been provided to the complainant by the actual custodian of information-PIO Police Headquarters Rajouri”, the CIC said, adding “the respondent has neither attended the hearing nor deputed any representative or submitted any written statement”.
Accordingly, the Commission has issued show cause notice to PIO Vinod Kumar Sharma, Deputy Superintendent of Police to explain why penal action should not be initiated against him for violation of the provisions of the RTI Act and vitiating proceedings by his absence despite service of hearing notice.
“It is made clear that in the event no response is received from the PIO by the stipulated time, the matter shall be decided on the basis of available records”, read the order.
Moreover, taking serious note of lackadaisical approach in furnishing information in response to the RTI application filed in November 2019, the Commission has issued show-cause notice to Yusuf-ul-Umar, Executive Officer, Municipal Committee Bhaderwah, Ninad Sen, Executive Officer Municipal Committee Doda and Tariq Balwan, Executive Officer Municipal Committee Thathri asking them to explain as to why penal action should not be initiated against them.
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