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| SIC issues penalty notice to Bishnah MC's EO | | Denial of info to casual labourer | | Early Times Report
Jammu, Dec 3: The State Information Commission (SIC) has issued a penalty notice against Executive Officer (EO) of Municipal Committee Bishnah as the committee has failed to provide information under RTI Act to a disengaged casual labourer.
The labourer had sought order copy for his disengagement from the committee, which was not provided to him. The committee PIO cited reasons that casual labourers work as per muster sheet and their disengagement doesn't need issuance of a formal order.
Details available with Early Times reveal that one Gian Chand R/O Bagga Jaan R S Pura Jammu had filed 2nd appeal stating that he filed RTI application dated 14.12.2015 before Executive Officer, MC Bishnah, who is also the Public Information Officer (PIO) in the said committee. Gian Chand alleged that PIO did not furnish information within the prescribed time.
Aggrieved by the non-response of PIO, he filed First Appeal before Director, Urban Local Bodies (ULB) Jammu who is also the First Appellate Authority (FAA). The FAA according to Gian Chand didn't dispose of the First Appeal till he filed 2nd appeal before SIC date.
On 23.01.2016 counsel for appellant received two leaves of information dated 19.01.2016, but said information was incomplete and misleading in all respects. That vide letter dated 28.01.2016, FAA informed appellant to attend his office for hearing of 1st appeal on 02.02.2016, which appellant could not attend due to health issues. On 24.02.2016 appellant again received 02 leaves of information dated: 17.02.2016 and same were the Xerox copies of the information sent earlier by the PIO (EO -MC Bishnah) which was incomplete in all respects.
In view of this he requested the SIC to enquire into the matter and take strict action imposing penalty under section 17 of the Act on the erring and guilty officers. He further prayed before SIC that PIO may be directed to provide complete information to the RTI application.
Case Proceedings: In response to the Commission's notice dated: 09.06.2016, Sh. Soujanya Sharma, Director, Urban Local Bodies, Jammu-cum-FAA filed written statement stating therein that appellant filed appeal dated: 20.01.2016 on the ground that Executive Officer, MC Bishnah has not provided the information sought vide his application dated: 04.12.2015 (actual date is 15.12.2015). That his office vide notice 28.01.2016 fixed the appeal for hearing on 02.02.2016 after prior notice to the parties. However, case was adjourned on the request of the counsel for appellant Advocate Kovid Khosla.
The appeal was again fixed for hearing on 15.02.2016 after prior notice dated: 03.02.2016 sent through registered post. However, neither appellant nor his counsel caused their appearance, whereas, PIO attended the hearing. That PIO submitted that information has already been furnished to the appellant vide communication dated: 19.01.2016. PIO contended that information has already been provided, he disposed of the First Appeal vide order issued under endorsement dated: 16.02.2016 and enclosed information alongwith order of the FAA to the appellant. During proceedings in the Commission on 03.08.2016, following directions were issued, which were conveyed to the respondents with copy to appellant under notice dated 11.08.2016:
"Upon perusal of the information sought vis-à-vis information provided by the PIO, it appears that information in respect of points (a),(b), (c) and (i) is available in the information provided by the PIO in tabular form under letter dated: 19.01.2016. However, PIO has not given response to points (d), (e), (f) & (h) of the application."
On 30.08.2016 Rakesh Gupta, Deputy Director, Urban Local Bodies, Jammu attended hearing on behalf of Director ULB Jammu (FAA )as the FAA has been deputed for a training at Ahmadabad vide Government Order No. 180-HUD of 2016 dated: 26.08.2016 which is taken on record. Ravinder Kumar, Food Inspector, MC Bishnah attended on behalf of EO cum PIO and submitted that PIO is sick and bed ridden and could not attend the hearing.
SIC order reads: "Food Inspector, MC Bishnah clarified that casual labourers are engaged on Muster Sheets and once they are disengaged, their names cease to exist on MusterSheet. The respondents produced copy of reply to RTI filed by counsel for appellant Mr. Kovid Khosla Advocate in reference to another RTI application dated: 25.05.2016, where-under in reply to para G, he has been informed that attendance sheet of Sukhdev Raj in respect of whom information has been sought, has been submitted in original to Examiner Chief Accounts Officer Local Fund Audit and Pension Jammu for monthly grants. It is, therefore, held that information in form of Muster Sheet as asked by the appellant is not available on the records of the Executive Officer. Therefore, he is not under any obligation to provide information which is not part of his record. The Counsel for respondent submitted that RTI application filed by him has been responded to only after filing First Appeal and, therefore, there is delay in providing information beyond the period prescribed under section 7 of the Act. In view of the above Commission directs Executive Officer, MC Bishnah to explain as to why proceedings under section 17 of the J&K RTI Act, 2009 shall not be initiated against him for prima facie delay in providing the information to the information seeker. His explanation, if any, should reach the Commission within 02 weeks from the date of receipt of this order. The appeal is accordingly disposed of with above directions." |
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