Early Times Report
Srinagar, Aug 12: Following the failure of the Public Information Officer (PIO) of Lakes and Water Ways Development Authority (LAWDA) to dispose off an RTI application, seeking details about the issuance of sealing orders, the State Information Commission (SIC) has issued a penalty/show cause notice against him.
Details available with Early Times reveal that SIC received a second appeal on April 17, 2015 from Arif Rashid Khan of Gagribal Road, Srinagar, against the LAWDA PIO, stating therein that he had filed an RTI application on January 20 this year, seeking information regarding sealing order issued by LAWDA vide letter No LDA/06/4700-01 of January 15, 2015. The PIO, according to appellant, failed to give the requisite information within the stipulated period.
Arif filed the first appeal before the First Appellate Authority (FAA), but despite that he failed to give the information within stipulated period. The appellant requested the commission to take action against the LAWDA authorities. During proceedings in the commission on May 20, 2015, following directions were issued:
"Ghulam Rasool Wani, Collector LAWDA, submitted that he has recently been given charge of secretary LAWDA, who is designated PIO. He sought 10 days time to dispose of the RTI application/file counter reply, which is granted. The January 15, 2015 letter of secretary enclosed with the RTI application is addressed to Enforcement Officer and information sought is regarding action taken thereon. Registry shall cause appearance of Enforcement Officer also on next date of hearing".
During proceedings on July 14, 2015, the PIO filed statement of facts before the commission on July 11, 2015 stating that copy of letter of Enforcement Officer dated June 20, 2015 along with a copy of FIR was provided to the applicant on July 10, 2015 in addition to information already furnished on May 19, 2015. The appellant submitted that he has received information from PIO LAWDA vide letter dated July 10, 2015 along with enclosures. However, copy of the statement filed by PIO was not marked to the appellant and accordingly, PIO was directed to provide a copy of the statement of facts to the appellant for his objections. During proceedings in the commission office at Srinagar on August 5, 2015, representative of PIO produced letter dated July 21, 2015 under which copy of statement has been sent to appellant. Notice of the Commission dated July 16, 2015 was already served to the appellant through Registered Post on July 21, 2015 asking him to file objections and also appear before the commission on August 5, 2015. However, the appellant did not appear at the time of hearing. Also, the commission ascertained from the records and found that he had not filed any objections to the statement of facts of the PIO sent to him on July 21, 2015.
"Since information sought has also been provided and acknowledged by the PIO on July 10, 2015, the only issue was, if the appellant had any objections with regard to the information provided and the statement of facts submitted thereafter. Since the appellant has neither filed objections nor appeared before the commission, it is held that information asked for has been provided and appeal is disposed of. As per the statement of PIO, RTI was received on January 20, 2015 but not responded within prescribed period under the Act," reads SIC order.
"In view of the above, the PIO is directed to explain as to why penalty proceedings shall not be initiated against him for delay in disposing of the RTI application. His explanation, if any, should reach the commission, within two weeks of receipt of this order. With the above directions, the appeal filed before the commission is disposed of," the SIC ordered. |
