Early Times Report
Srinagar, July 9: As the Enforcement Officer of Lakes and Water Ways Development Authority (LAWDA) failed to provide information to an RTI activist regarding illegal construction on his private land located near Tailbal area of Dal Lake in Srinagar , the State Information Commission (SIC) has now issued penalty shown cause notice on him for making unnecessary delay in this regard.
One Ali Muhammad Ahangar, son of Abdul Khaliq Ahangar of Umarabab, Zainakote, Srinagar, filed an application under J&K RTI Act, 2009 on February 12, 2015 before PIO LAWDA, seeking action taken by LAWDA authorities on his complaint, lodged to the secretary LAWDA on July 17, 2013 followed by August 21, 2013 reminder. As the information was not provided, the applicant filed First Appeal before First Appellate Authority (FAA) of LAWDA on March 20, 2015. The State Information Commission (SIC) received second appeal on May 27, 2015 wherein the appellant stated that information was denied both by PIO as well as FAA and on the other hand illegal construction was in progress on his private land . The appellant had sought action taken report on his complaint filed before secretary LAWDA who happens to be the PIO of the said authority as well.
In his counter statement to the second appeal, G R Wani, PIO cum LAWDA secretary, vide No LDA/518/1991-92 dated July 1, 2015 submitted that RTI application received on February 12, 2015 was endorsed to Enforcement Officer vide letter dated February 27, 2015 for providing information in terms of RTI Act. Further, when the appellant made appeal before FAA on March 20, 2015, Enforcement Officer was again asked to furnish the information within 30 days vide office letter dated 22.06.2015. In response, Enforcement Officer has intimated report in the matter vide his communication dated 23.06.2015 has been provided and a copy was submitted before PIO / Secretary as well.
The appellant Ali Mohammad Ahangar submitted that he has not received copy of this report. PIO was directed by SIC to provide copy of counter statement and information enclosed to the appellant after the hearing of case on July 2, 2014 at Srinagar . From the counter reply of the PIO it is evident that there was a delay on part of Enforcement Officer, J&K LAWDA, to whom RTI application was transferred on 27.02.2015 by PIO/Secretary LAWDA.
SIC order reads as:
"Therefore, Enforcement Officer LAWWDA is deemed PIO as per Section 5(4) (5) of J&K RTI Act, 2009. Accordingly Enforcement Officer, J&K LAWWDA is directed to explain as to why penalty under Section 17 of the Act shall not be initiated against him for delay in disposing of the RTI application transferred to him on 27.02.2015 and responded to only on 23.06.2015 as per evidence brought on record. His explanation, if any should reach the Commission within three weeks from issue of this order" |
