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SIC seeks explanation from Addl Secretary GAD Delay in disposal of RTI query 5/16/2015 11:28:38 PM Early Times Report Srinagar, May 16: State Information Commission (SIC) has sought an explanation from Additional Secretary (Services) posted in General Administration Department (GAD) for his failure to discharge his duty within the stipulated time being First Appellate Authority (FAA) under State RTI Act. As per details available with Early Times Iftikhar Rasool Hamdani, Under Secretary-cum-PIO General Administration Department attended the second appeal before SIC. Additional Secretary (Services) who is also the FAA could not comply with the notice of the Commission. PIO attended on his behalf also. The appellant Kishan Chand in-spite of being asked to attend the Commission through notice which was sent by Registered Post did not attend. Facts of the case: The appellant Kishan Chand a resident of Vijaypur district Samba in his second appeal alleges that he had filed an RTI application before the PIO - GAD which admittedly received by the PIO on 13.11.2014 was not responded to. He further alleges that he had filed first appeal before the FAA which was also not responded to. Hence he has requested the Commission for issue of a direction to the PIO for providing him the information as sought by him. PIO GAD informed the Commission during the hearing on 16.4.2015 that his predecessor vide his letter No: GAD/RTI/1408/ 2014 dated: 13.11.2014 invoked section 5 (4) and 5(5), sought the assistance of his senior officer i.e Additional Secretary (Services) for providing assistance to facilitate the PIO to pass on the information to the information seeker. This assistance was provided to the PIO vide letter No: GAD (Ser) RTI/2015 dated: 2.3.2015. As per records the PIO had forwarded the information to the information seeker on the same day. As the appellant did not receive information within 30 days, he preferred first appeal on 8.1.2015 received in the office of FAA (Additional Secretary Services GAD) on 19.1.2015. The appeal was disposed of on 27.2.2015 as per evidence produced by the PIO during the hearing before SIC at Jammu. Decision: "The Commission has found that the then PIO had discharged his duty in accordance with RTI Act. The delay in responding to this RTI application is caused because of late assistance provided by the Additional Secretary (Services) which is confirmed from the records. The Commission would like to emphasize once again that under the RTI regime, the essence of this public friendly Act is to pass orders within a set time frame as laid down in section 7 and section 16 of the J&K State RTI Act, 2009. This time frame has not been adhered to by the Additional Secretary (Services). He is required to explain why he could not provide assistance on time to the PIO for providing information to the appellant. Present PIO Hamdani is directed to serve a copy of this order on the Additional Secretary. The FAA has passed order under section 16 though there is a nominal delay of 10 days" reads the order of SIC.   Share This News with Your Friends on Social Network     Comment on this Story

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