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Despite SIC penalty notice, BDOs hide misdeeds
MGNREGA bunglings
9/23/2016 11:13:39 PM

Early Times Report

Jammu, Sept 23: During February this year the State Information Commission (SIC) had issued penalty show cause notices against two Block Development Officers BDOs in Kishtwar district for not revealing information about MGNREGA works under RTI. It is now more than 7 months , and the said officers are not making all the details public under section 4 (1) (b) of the J&K RTI Act 2009.
Details available with Early Times reveal that one Leela Devi W/o. Jia Lal, a resident of village Horna Palmar block , District: Kishtwar had filed an application under J&K RTI Act 2009 before BDO, Kishtwar/ Palmar for providing information about the payments made under MGNREGA of panchayat Upper Palmar, Ward No. 10, for the period 2011 to 2014 and ending March 2015 indicating name, parentage and address of the Job card holders and payment made to each. The RTI application was responded to by BDO, Palmar vide his letter dated: 03.08.2015 informing the information seeker that information sought by her is still lying with BDO, Kishtwar as Palmar was a newly created rural development block carved out of Kishtwar block. The BDO Palmar vide his reply informed Leela Devi that details of payment under MG-NREGA of Panchayat Upper Palmar, Ward No. 10 for the year 2014-15 ending March 2015 stands unpaid. He has accordingly asked the appellant to approach BDO, Kishtwar. Thereafter, BDO, Palmar again informed Leela Devi that BDO, Kishtwar had made payment for MGNREGA works for the year 2011-14 and asked her to approach BDO, Kishtwar for getting this information.
The First Appeal filed by appellant before Director, RDD, Jammu was been adjudicated vide order dated: 22.09.2015 by the Director Rural Development Jammu who is also the First Appellate Authority (FAA). The FAA has observed that the information sought by the applicant lies in the old Block Kishtwar. Hence the appeal was disposed of with directions to BDO, Palmar/BDO, Kishtwar to give the requisite information to the appellant with 07 days of issuance of his order. The Director RDD Jammu (FAA) vide his order had warned the BDO, Palmar to be prompt in disposing of the RTI applications.
In response to the notice of the State Information Commission Jammu (SIC) , BDO, Kishtwar filed reply dated: 06.02.2016 submitting that the applicant has sought information from BDO, Palmar who forwarded the said application on 09.10.2015 and which was received in his office on 03.11.2015. He has further submitted that BDO, Palmar was requested to submit copy of RTI application vide letter dated: 07.11.2015. The BDO, Palmar provided some information to the applicant before SIC during case hearing on 9.2.2016. The BDO further submitted that remaining information as asked by the applicant shall be compiled and handed over to her within a week's time.
SIC order reads as: "During proceedings in the Commission on 9.2.2016 , the information sought vis. a vis. information provided by the BDO, Kishtwar were examined.
Sonu Kumar, representative of information seeker Smt. Leela Devi pointed out deficiencies in the information with regard to information for the year 2011-12 and address of the job card holders and some missing account numbers in respect of some of the payees. The representative of the BDO, Sh. Mohd. Ashraf Wani, S.O. Planning O/o BDO, Kishtwar submitted that full details of the job card holders are available in Job Card Register. Accordingly, he is directed to provide information for the year 2011-12 and copy of Job Card Register. BDO, Kishtwar shall also check Account Numbers wherever missing and provide this information as per records.
These directions should be complied with within 10 days and compliance report be submitted to the Commission. The Commission has noted that BDO, Palmar has failed to transfer the RTI application to BDO, Kishtwar as per provisions of the RTI Act which has found mention in the order of the FAA. The Commission has further noted that orders of the FAA dated: 22.09.2015 directing both the BDO's to provide information within 07 days has not been complied with".
The SIC Order further reads as: "In view of the above BDO, Palmar and BDO, Kishtwar are directed to explain as to why penalty proceedings under section 17 of the Jammu & Kashmir Right to Information Act, 2009 may not be initiated against them for prima facie delaying the information. Their explanation, if any, should reach this Commission within 02 weeks from the date of receipt of this order. The Commission has also taken a serious view of absence of BDO, Kishtwar who was directed to appear before the Commission vide notice dated: 27.01.2016. BDO, Kishtwar is directed to explain his position for non appearance before the Commission along with explanation for prima facie delay within the period specified herein above. With above directions, the appeal filed before the Commission is disposed of".
It is alleged that BDO's have mislead the State Information Commission (SIC) by giving them wrong information and the details which were sought too are not being made public by the BDO's .
The SIC has also not initiated any action against the said officers.....Pertinent to mention that Early Times had already filed a detailed report on this alleged scandal on Feb 27th this year.
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