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| SIC issues penalty notice against Joint Director Fisheries | | | Early Times Report
Jammu, Nov 17: The State Information Commission (SIC) has issued a penalty notice against the senior official of Fisheries department (Joint Director) as the department failed to provide information sought under RTI Act by a Jammu based information seeker.
As per details available a second appeal was filed by B.R. Manhas advocate from Janipur Jammu in the State Information Commission (SIC) on 14.07.2014. Accordingly, hearing was fixed for 21.10.2014. R.K. Dogra, Director-cum- First Appellate Authority (FAA) , Fisheries Department and R.N Pandita, Joint Director -cum- PIO, Fisheries Department attended the hearing at SIC office Wazarat Road Jammu.
The brief grounds of the appeal are that the appellant had filed an RTI application before PIO, Directorate of Fisheries Department, Canal Road, Jammu on 11.4.2014. The PIO passed an order on 7.5.2014 providing part information to the information seeker. The Commission treats the order to have been passed within the stipulated period of time. The appellant not being satisfied with this order preferred first appeal before FAA who is the Director Fisheries on 15.5.2014 which was sent by speed post. The FAA, therefore, under section 16 of the State RTI Act, 2009 was under legal obligation to pass an order within the time laid down in the Act. As the FAA did not adjudicate the appeal, the appellant preferred second appeal before this Commission alleging therein that information against query No 1 and 2 and query No 3 and 5 was not given to him on the plea that it does not pertain to this office. The appellant has further stated that information sought by him was in respect of Directorate of J&K Fisheries and not in respect of three districts of Jammu division. The PIO has stated that whatever information was available with him was provided and for balance information he had written to Joint Director Fisheries, Jammu.
" It is seen from the records that the PIO had written to Joint Director Fisheries
Jammu on 15.4.2014 to provide assistance as provided under Section 5 of the Act for providing information which would be given to the appellant. Joint Director Territorial, Jammu Shri Mohammad Amin Mir was under legal obligation to provide this assistance to the PIO within 5 days under his own signatures and seal of his office. It is seen from the records that the PIO ShriPandita had also issued a reminder on 6.5.2014. But the above mentioned officer did not comply in accordance with law. Therefore, he is directed to explain why penalty under Section 17 of State RTI Act, 2009 may not be imposed on him treating him as deemed PIO who has contravened the provisions of the Act. His reply, if any, must reach this Commission within 15 days from the receipt of this order. Present PIO Pandita is directed to serve a copy of this order on Mohammad Amin Mir" reads the SIC order
The order further reads as :
"It is now stated by the PIO that the information has now completely been given except the notifications prior to 2010 could not be provided because such record was gutted in the fire which took place in 2005 in Directorate of Fisheries, TRC Srinagar. With regard to notifications from April 2005 to July 2010, no such advertisements were notified by the Fisheries Department. The PIO is directed to lead evidence in support of his contention that the information with regard to advertisements/ notifications prior to 2010 have gutted in the fire. With regard to point Nos 3,4 and 5, the PIO has stated in his written submissions dated: 23.8.2014 that information available was later on given excepting the information which is claimed to have been gutted in the fire. The appellant is advised to confirm in writing to the Commission whether balance information has been received by him or not. |
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