RTI application remains pending for disposal since 2017
*CIC issues notices to two officers for penal action
Mohinder Verma
JAMMU, Apr 21: Shocking it may sound but it is a fact that J&K Government is reluctant to furnish details about the implementation of the Prime Minister’s Saffron Mission, which was launched in the year 2014, and this has been viewed seriously by the Central Information Commission (CIC), which has even issued show-cause notice to the officer concerned for penal action as per the provisions of the Right to Information Act.
An RTI activist had on July 11, 2017 filed an application under the transparency law before the Directorate of Agriculture seeking Detailed Project Reports (DPRs) prepared and approved for implementation of Prime Minister’s Saffron Mission in Jammu and Kashmir.
He had further sought year-wise budgetary allocation under Saffron Mission with effect from April 1, 2014 to October 31, 2017, head-wise together with utilization details year-wise; practical steps taken for implementation of Saffron Mission; details of infrastructure development including recruitment, equipment, seeds etc under Saffron Mission; names of agencies and officials who were designated or engaged for handling of Saffron Mission and causes of decline of Saffron production in Jammu and Kashmir along with the details of saffron production in the years 2014, 2015 and 2016.
However, for three years no information was provided to the information seeker compelling him to knock the doors of the Central Information Commission on May 22, 2020 when Jammu and Kashmir directly came under the jurisdiction of transparency watchdog of the country.
During the course of hearing the Second Appeal, Chief Information Commissioner Y K Sinha analyzed the facts of the case and the documents available on record and observed, “it appears that no information has been provided to the complainant within the time period stipulated under the Right to Information Act”.
“Furthermore, none representing the respondent was present to provide the updated factual position in the matter”, the Chief Information Commissioner said, adding “subsequent to the hearing the Registry of this bench ascertained that Zafar Mohammad Haleem, the Deputy Director (Centre) in the Directorate of Agriculture is the incumbent Public Information Officer in the matter”.
Accordingly, the Commission directed the PIO to show-cause to the Commission by May 31, 2022 stating as to why penal action should not be initiated against him as per Section 20 of the RTI Act, 2005 for not providing the information within the stipulated time period and also apprise the Commission of the updated factual position in the matter.
“If this is the attitude of the officers towards the implementation of Prime Minister’s Mission what could be the state of affairs vis-à-vis RTI applications seeking information on other matters can be easily gauged”, independent observers said.
In another case, the Central Information Commission has issued show-cause notice to PIO in the office of Secretary Srinagar Municipal Corporation Mudassir Ahmed as to why penal action as per Section 20(1) of the RTI Act, 2005 should not be initiated against him.
The case before the Commission was that on June 14, 2018 an application was filed seeking details of property statements of some officers posted in the Srinagar Municipal Corporation like Chief Enforcement Officer and Enforcement Officers; permission if any granted for construction of multi-storey structure in River Jhelum etc.
Though the Joint Commissioner (Planning), Srinagar Municipal Corporation furnished information on certain points yet the applicant remained dissatisfied and accordingly he filed complaint before the Central Information Commission.
Keeping in view the facts of the case and the submissions made by the respondent, the Commission found that information sought on three points remained unaddressed till date. “Since this is a complaint, the Commission is only required to ascertain if the information has been denied with the malafide intent or due to any unreasonable cause to initiate penal action, if required, and no further direction for disclosure of information can be given”, the Chief Information Commissioner observed.
Accordingly, the Commission has issued show cause notice to PIO in the office of Secretary, Srinagar Municipal Corporation as to why penal action should not be initiated against him.
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