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| CIC issues penalty notice against DHS Jammu's ex-PIO | | Director asked to recover Xerox charges from him | | Early Times Report
Srinagar, Sept 14: The Chief Information Commissioner (CIC) G R Sufi has directed the Director Health Services Jammu to recover charges incurred on photocopying some information sought under RTI from a former PIO.
The PIO, who has now been transferred from the directorate, had failed to provide the information within stipulated time to the RTI applicant.
The applicant, S. Kumar, of Mubarak Mandi, Jammu, had approached the SIC with second appeal on 30.03.2015, seeking information. He also prayed that relevant section of RTI Act be invoked against the PIO.
Kumar had filed an RTI application before the PIO Health & Medical Education Department, Civil Secretariat, Jammu, on 30.11.2014, seeking certain information. Dr. Des Raj Bhagat, then PIO vide his letter dated: 17.12.2014 forwarded the RTI application to the DHS Jammu with the request to provide relevant information to the applicant under the provisions of J&K RTI Act.
After not receiving any information, Kumar filed first appeal before the First Appellate Authority (FAA) of Health & Medical Education Department on 03.01.2015. FAA H&ME fixed the hearing on 27.1.2015. But Kumar did not attend the hearing. The FAA passed an order on 4.2.2015. It read: "Whereas the PIO was required to gather the information from the DHS, Jammu and provide the same to (Kumar) within the specified time. Now, therefore, the first appeal of the appellant has been considered/examined in accordance with the RTI rules and, therefore, the PIO H&ME is directed to provide the information to the appellant within 15 days from the date of issuance of the order".
Since the PIO did not provide the information to Kumar despite directions from the FAA, the applicant filed second appeal before the SIC. Hearing of this case was held from time to time and the latest hearing was fixed on 27.7.2015 wherein Mohammad Ashraf, Special Secretary-cum-FAA, Pooja Rasgotra, Under Secretary-cum-PIO H& ME Deptt and Dr. Ajay Kumar Singh, PIO DHS Jammu attended. Appellant was contacted on telephone by SIC. CIC G R Sufi heard this case and issued the following orders.
"After going through the records and rejoinder of both the PIOs, it transpired that the information has been delayed on the part of the then PIO Dr. Gurjeet Singh. Finally, he has provided the information to the appellant on 28.4.2015 i.e after a lapse of three months. Dr. Gurjeet Singh is directed to explain why penalty under section 17 of the J&K State RTI Act, 2009 may not be imposed on him for delaying the information to the information seeker. His reply, if any, must reach the Commission within 15 days from the receipt of this order. Information was voluminous and consisted of 118 leaves thereby causing a monetary loss of Rs 236 to the government. This loss could have been avoided had the PIO acted in time and as per provisions of the RTI Act. Therefore, DHS Jammu is directed to look into this and see how he can recover the above said amount from the then PIO Dr. Gurjeet Singh and deposit the same in government account." |
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