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| SIC issues penalty notice against Bari Brahmana tehsildar | | Info about distribution of relief to farmers | | Early Times Report
Jammu, July 26: The State Information Commission (SIC) has issued a penalty notice against tehsildar of Bari Bhramana, who earlier was posted at Bhalwal, for his failure to to provide information under RTI to an applicant who intended to seek information about the relief distribution to farmers whose crops were damaged due to heavy rainfall at Nagrara, Bhalwal.
Naiz Ali of Nagrara moved an application on December 11, 2014 before the PIO/Assistant Commissioner(R), Jammu under the Jammu & Kashmir Right to Information Act, 2009 wherein he sought certain information regarding the detail of cheques distributed for the loss of crops in the recent floods in Panchayat Showa. The Assistant Commissioner(R), Jammu vide office letter No.DOJ/PIO/RTI-2014-15/1152-53 dated 18.12.2014 transferred the RTI application of the information seeker to Tehsildar Bhalwal under section 6(3) of J&K Right to Information Act, 2009.
When there was no response, the appellant filed first appeal on April 17, 2015 before the Sub Divisional Magistrate, North Jammu who is also the First Appellate Authority (FAA). However, the First Appellate Authority vide office letter No.SDM/JN/FAA/RTI/14-15/26-28 dated 25.03.2015 directed the Tehsildar, Bhalwal to attend the office with counter statement and relevant documents on the 11.04.205 but the Tehsildar, Bhawlal failed to appear before SDM, North Jammu on the above said date.
Again not being satisfied, the appellant filed second appeal before the State Information Commission (SIC) on 06.07.2015. The Commission listed the matter for hearing on 24.06.2015 and 10.07.2015. On 10.07.2015, parties were present.
During the course of proceedings held at SIC Jammu , the PIO/Tehsildar Bhalwal informed the Commission that the information was dispatched to the information seeker vide office letter No.07/TB/RTI/2015 dated 11.04.2015 and also assured the commission that in case the information seeker wants to inspect the record, he can visit the office any time during office hours and can avail the opportunity of inspecting the record.
SIC Judgment :
"In view of the aforesaid facts and observations, the PIO/Tehsildar Bhalwal, Jammu is hereby directed to allow the appellant an opportunity to inspect the record in his office on a working day during office hours and provide him certified copies of the relevant documents if any requested by the information seeker free of cost. The parties are at liberty to settle the date and time for inspection of record which may be convenient to them.
During the course of proceedings, Vijay Kumar Sharma, Tehsildar Bhalwal brought to the notice of the Commission that the delay in furnishing the information was during the tenure of his predecessor Farooq Khan, now Tehsildar, Bari Brahamna. Farooq Khan is hereby directed to show cause why penalty under section 17 of the Right to Information Act,2009 may not be imposed upon him for causing delay in furnishing the information within two weeks from the date of receipt of this order failing which the matter will be disposed of under rule". |
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