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| Babus beware! SDM Srinagar fails to adjudicate RTI appeal, gets SIC notice | | | Early Times Report
sRINAGAR, July 15: As the Sub Divisional Magistrate (SDM), Srinagar west, failed to adjudicate first appeal filed under J&K RTI Act 2009, the State Information Commission (SIC) taking a serious note of it and has issued a notice to the officer asking for her explanation as to why action may not be initiated against her.
As per details available with Early Times, Abdul Majeed Zargar, a resident of Zainakote, Srinagar, had sought information under the RTI on 10.01.2015 from tehsildar central Shalteng, Srinagar in reference to a letter of the tehsildar that the surrounding area of the land is built up/under construction. The surrounding land owners had also provided their papers regarding title of land which was under their possession. In reference to these observations, the appellant had requested for certain information to enable him initiate procedure in the civil court. The RTI application was responded to by PIO/Tehsildar Shalteng on 06.02.2015.
Aggrieved by the order of PIO, the applicant filed First Appeal before Assistant Commissioner (Revenue) Srinagar on 12.03.2015, wherein he sought certain clarifications vis-à-vis reply given by the PIO. This appeal was transferred by ACR (Revenue) to SDM West, Srinagar on 03.04.2015 stating that vide order dated 18.03.2015 issued by Deputy Commissioner Srinagar, the area falls within jurisdiction of SDM West, and as such further action may kindly be taken at his end under the relevant provisions of law on the subject.
The appellant filed second appeal before the SIC on 17.04.2015. He argued that the information provided to him was inadequate. The appellant requested Commission for providing full information and imposition of penalty as envisaged under the RTI Act for the delay. SIC heard parties and perused the records as well. From records it became evident that RTI application dated 10.01.2015 had been responded to by PIO/Tehsildar on 06.02.2015. Therefore, response of PIO was within stipulated time.
SIC order dated 9.7.2015 reads: "However, SDM has not taken any decision on the appeal filed by the appellant before him dated 1.03.2015. As per reply of ACR dated 03.07.2015, appeal was sent by him to SDM West Srinagar vide letter dated 03.04.2015. Therefore SDM West, Srinagar as FAA in this case, has failed to adjudicate the appeal within prescribed time under the Act. The appellant submitted that the grounds of the second appeal are same as in the first appeal. In point 1, the appellant has sought copy of the papers i.e. names and copies of papers stated to have been produced by the surrounding land owners while referring to a report of tehsildar Shalteng dated 30.12.2014 wherein at para 2 it is stated that surrounding owners have also produced their papers regarding title of land.
"The appellant submitted that he has not been provided copies papers produced by surrounding land owners. Since information sought is based on the report of Tehsildar dated 30.12.2014, and PIO has not responded to this PIO is directed to respond to this limb of this information as per records and as per provisions of the Act, within two weeks from dispatch of this order."
The order further reads: "The RTI Act envisages providing information as per records. Besides, clarifications and additional information sought now do not form part of RTI application under appeal. Since, PIO has provided information as per RTI application, he is not under any legal obligation under RTI Act to give clarifications/additional information not covered in RTI application. Registry shall issue direction to FAA/SDM West Srinagar to explain as to why he/she has failed decide the appeal under Section 16 of the J&K RTI Act, and as to why action as warranted under the Act shall not be initiated against her. Her reply, if any, should reach the Commission within two weeks from dispatch of this order. |
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