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CIC puts PIO Home Deptt on penalty notice | | | Early Times Report Jammu, Nov 18: The State Chief Information Commissioner (CIC) has issued a penalty notice against the Public Information Officer (PIO) of State Home Department for his failure to provide information under RTI Act to a police head constable who was retired prematurely by the Government in June this year. Feroz Ahmad Najar , ex Head Constable JK Police a resident of Firdous-Abad Batamaloo Srinagar had filed an RTI application before the PIO, Home Department on 06.07.2015 seeking the details about reports or recommendations received from Police Head Quarter, J&K in his favour while ordering for pre-mature retirement under Govt Order No: 881-GAD of 2015 dt: 30.6.2015 issued under No: GAD(Vig)35- Adm/2015 DT: 30.6.2015. He sought Xerox copies of the same reports/recommendations of Police Head Quarter as well as any kind of recommendations from the side of Home Department. The information was not provided by the PIO Home Department who had transferred the entire application to PIO, Police Headquarters which was not the correct procedure .Correct procedure was that the first limb of information was to be given by the PIO Home Department and the balance information was to be given by the PIO Police Headquarters. The PIO Home Department was specifically asked by the appellant that whether there was any report or recommendation received by them from Police Headquarters. This information has not been given. PIO Home Department was asked to give this information, if on record. The PIO Home Department instead transferred the entire application to PIO, Police Headquarters which was not the correct action. Appropriate action was that the first limb of information was to be given by the PIO Home Department and the remaining information was to be given by the PIO Police Headquarters. Representative of PIO, Police Headquarters confirmed before CIC during appeal hearing of having received the RTI application from the PIO Home Department and after obtaining information from the concerned section, the information was sent to the PIO Home Department. PIO, PHQ was supposed to reply the RTI query directly to the information seeker and not sent back to the Home Department which has caused considerable delay in furnishing the information to Head Constable Feroze Ahmad Najar. CIC's order dated Oct 20 reads as: "The spirit of this Act is that the information, if any, given has to be given as expeditiously as possible but not later than 30 days i.e the statute places an outer limit of 30 days. Officers and officials should keep this cardinal principal RTI Act of time bound disclosure of information in view. If information is not provided on time, officers should keep in mind that there is a provision under section 17 which requires the Commission to penalize the PIO for delaying the information without any reasonable cause. Since the PIO, Home Department has not disposed of the RTI application on time and has not provided the information to the appellant, he is directed to explain why penalty proceedings under section 17 may not be initiated against him for not providing the information to the information seeker. His reply, if any, must reach this Commission within 30 days from the receipt of this order". |
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