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| SIC seeks explanation from DC Anantnag; Issues Penalty notice against Tehsildar | | | Early Times Report
Srinagar, Feb 11: As the Deputy Commissioner Anantnag failed to dispose of 1st appeal filed under the provisions of J&K RTI Act 2009 by a Kashmiri Pandit migrant , the State Information Commission (SIC) has issued a penalty notice against him and directed him to explain his stand within a two weeks time from the date of issuance of this order ie (20.1.2015). In addition to it the Tehsildar Anantnag (deemed PIO) has been put on penalty notice as well.
Details of the case reveal that one Surinder Kumar Munshi s/o Late Niranjan Nath R/o Chinkral Mohalla, Srinagar at present Exchange Road Kachichawni Jammu made a request via registered post on 5.7.2014 to PIO Office of the Deputy Commissioner Anantnag for providing information under J&K RTI Act, 2009 . The applicant sought details of Intikhabi Jamabandi and Girdawari of his ancestral land situated at villages Sahib Abad and Shelipora Tehsil Shangus District Anantnag.
Surinder Kumar Munshi filed First Appeal through Registered Post on 16.08.2014, addressed to Deputy Commissioner Anantnag on the ground that he has not received any response within 30 days from date of filing of RTI application. The DC who is also a quasi judicial authority under state RTI Act , failed to dispose of his appeal, which clearly shows that they have violated the provisions of J&K RTI Act, 2009.
The appellant prayed before the State Information Commission (SIC) , that PIO (AC Revenue) may be directed to provide him information as early as possible and penalty proceedings under section 17 of the Act may be invoked against him.
As per documents enclosed with the reply/counter statement of the PIO , the RTI application has been transferred to in-charge Migrant Section Office of Deputy Commissioner Anantnag on 11.07.2014 under Section 6(3) of the Act with the direction to provide the desired information to the applicant directly within the stipulated time. The RTI application has further been transferred by Additional DC Anantnag to Tehsildar Anantnag on 21.07.2014 enclosing copy of letter of Assistant Commissioner (Rev) Anantnag along with enclosures directing him to provide requisite report/information to his office within a week's time. Tehsildar Anantnag has responded to this communication on 15.12.2014 enclosing extracts sought by the appellant. The information received from Tehsildar Anantnag has been sent by ADC Anantnag on 17.12.2014 (18 enclosures) to the appellant Surinder Kumar Munshi .
In its order SIC ruled, " The Commission has taken a serious note of the fact that First Appellate Authority Office of Deputy Commissioner Anantnag has not decided the appeal filed by appellant through Registered post on 16.08.2014, which ought to have been decided within a period not exceeding 45 days as per Section 16(7) of the Act. Accordingly, FAA Office of the Deputy Commissioner Anantnag is directed to explain two weeks as to why he failed to decide the appeal. With the above directions, Second Appeal filed before the Commission is disposed off".
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