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| VC LAWDA unaware of RTI provisions; SIC takes strong notice | | | Early Times Report
Srinagar, Dec 4: It is more than six years since J&K RTI Act 2009 is enforced in J&K, but senior government officers some of whom are in IAS cadre are still unaware about the provisions of this transparency law.
The Vice Chairman (VC) Lakes and Waterways Development Authority (LAWDA) who is also the First Appellate Authority (FAA) of his organization under the provisions of State RTI law, instead of hearing 1st appeals filed under RTI, is forwarding the same to his subordinate officers. The matter has been taken very seriously by the State Information Commission (SIC), who have now issued a notice to the VC directing him not to repeat the same.
Details available with Early Times reveals that a second appeal was filed under J&K RTI Act 2009 by a person namely Ghulam Mohammad Bhat, a resident of Ishber Nishat Srinagar, on 13.11.2015 before SIC, wherein he submitted that he filed an application under RTI Act 2009 before the PIO/Secretary LAWDA dated 05.08.2015 through speed post. As the information sought was not furnished, the he filed first appeal before FAA i.e .Vice Chairman LAWDA Sarmad Hafeez IAS, vide application dated 19.09.2015.
Neither the PIO (Secretary LAWDA) nor the FAA (VC LAWDA) furnished information to the information seeker, therefore, the appellant filed second appeal before the State Information Commission (SIC) with the request to direct the concerned authorities to provide requisite information and also take action for violation of the provisions of the RTI Act by the concerned officers of LAWDA Srinagar.
As per RTI application enclosed, the appellant has sought action taken by LAWDA with regard to illegal construction of house of one Sonaullah Ganai, resident of Gupt Ganga Nishat Srinagar, in violation of rules/norms. In response to the notice of the Commission dated 18.11.2015, Nisar Ahmad Malik, PIO/Secretary LAWWDA filed reply on 30.11.2015 before SIC submitting that the RTI application filed by the appellant on 05.08.2015 was endorsed to Enforcement Officer LAWDA on 10.08.2015 for providing the information. Whereas the first appeal filed by the appellant was received on 22.09.2015.
SIC order dated 1.12.2015 reads: "The Commission observed that the signed page of the Building Permission issued by SMC is not enclosed. Accordingly, PIO LAWDA is directed to provide attested copy of the Building Permission to the appellant within 10 days. The Commission has observed that the information sought by the appellant regarding action taken by LAWDA on the alleged illegal construction has been provided as per records. The Commission has, however, noted that the Vice- Chairman/FAA LAWWDA has not decided the first appeal in accordance with the provisions of Section 16 of the Act; instead, he has forwarded the First appeal to the Enforcement Officer/PIO, which is not in accordance with the procedure laid down for deciding the appeal. Accordingly, the appeal filed before the Commission is disposed of with the directions to the Vice Chairman, LAWWDA/FAA that in future appeals filed before him under Section 16 are decided as per procedure laid down in the act after giving a patient hearing to both the parties and pass speaking order. He should note that mere by forwarding appeals to subordinate officers shall not absolve him of his responsibilities as FAA under Section 16 of the Act." |
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