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| DFO Bijbehara gets SIC's penalty notice for denying info | | | Early Times Report
Srinagar, Dec 5: The State Information Commission (SIC) has issued penalty notice against the Divisional Forest Officer (DFO) Lidder Forest Division Bijbehara as the officer failed to provide information to an information seeker under RTI Act within stipulated time.
The information seeker had sought details about encroachment of some forest land (forest nursery) by two officials of the Forest department who have allegedly constructed houses over the said encroached land.
Facts of the case are that information seeker Sharief Ali Noori, a resident of Rawalpora, Srinagar, filed a second appeal before SIC under RTI Act 2009 on 16.11.2015 submitting that he moved an application before PIO Forest Department Kashmir (CCF Office) on 12.03.2015 for providing information under provisions of RTI Act 2009 and the same was forwarded to PIO/DFO Lidder Forest Division Bijbehara under communication dated 18.3.2015. Noori alleges that no information was provided till 15.07.2015 and he filed first appeal before Appellate Authority (FAA) Chief Conservator of Forests (CCF) Kashmir on 16.07.2015 and no date was communicated by the Appellate Authority for hearing of his appeal . The information seeker also alleged that PIO provided incomplete and false information for some points vide letter dated 14.07.2015 and PIO was informed on the very day about the incomplete and false information.
Since no action was initiated by the First Appellate Authority (FAA) i.e. Chief Conservator Forests (CCF) Kashmir, the appellant submitted second before the State Information Commission (SIC). The appellant stated that the PIO delayed information and requested SIC for initiating proceedings for imposing penalty on the PIO (DFO Lidder Forest Division) under provisions of the RTI law.
The initial RTI application was filed on 12.03.2015, wherein it was stated that two real brothers both working in Forest Division Bijbehara constructed a building on encroached land on Bijbehara Forest Nursery illegally with active connivance of forest officers and officials and were placed under suspension during May 2008. In this connection, appellant has sought information on 13 points related to their suspension, eviction of Government land and demolition of construction etc. The RTI application was transferred to PIO/Divisional Forest Officer Lidder Forest Division Bijbehara by PIO in the office of CCF Kashmir under Section 6(3) of J&K RTI Act 2009 with a copy sent to the appellant.
Thereafter, the appellant has filed first appeal with CCF Kashmir on 16.07.2015 stating that PIO concerned had failed to provide him information till date. The RTI application was responded by the DFO Lidder Forest Division Bijbehara vide communication dated 14.07.2015 by giving response to all the 13 points of the RTI application.
While acknowledging the receipt of above communication on 25.07.2015, the appellant informed DFO regarding incomplete/ misleading information in respect of some points in his letter dated 25.07.2015. The first appeal submitted by the appellant has been forwarded to DFO on 22.07.2015. In response, DFO informed the appellant that information stands provided vide his communication dated 14.07.2015.
In response to the notice of the State Information Commission (SIC) , DFO Lidder Forest Division Bijbehara filed reply before SIC dated 26.11.2015 by providing reply/response to all the points of RTI application along with information. The appellant Sharief Ali Noori admitted to have received the information, but submitted that information in respect of some items were incomplete. The information sought in the RTI application and reply given by the PIO were perused by SIC, arguments of both the parties were heard. The observations and directions of the Commission are as follows:
1. Point 2 has responded by DFO stating "case yet to be decided", whereas the information sought is with regard to copy of Forest Order of the land grabbing case. DFO shall intimate to the appellant whether any such order has been issued or not.
2. Point 7 has been responded to by PIO stating that copies of orders not required and further stating that recoveries have been made from the officers as per TR's enclosed. Since the appellant has sought copy of orders issued in this regard for period April 2014 till date, DFO is directed to provide such orders as available on record.
3. Regarding Point 12, DFO submitted that his information has already been provided under letter dated 14.07.2015. The appellant submitted that this information is in respect of entire DFO office complex, whereas he has sought information of the portion of wall which has been constructed in place of CGI sheet walling, which pertains to residence of Conservator of Forest. Upon perusal of the estimates by the Commission, it was observed that quantities of items of work for Residence of Conservator of Forests has been shown separately in the estimate.
The SIC order reads: "Therefore, the information provided is relevant as the Public Authority/ PIO has provided information as it exists on record. However, PIO has not responded to queries regarding Administrative approval and Technical sanction.
Accordingly, DFO Bijbehara is directed to respond to this limb of information as per records and inform appellant. In so far as delay is concerned, DFO Bijbehara is directed to explain as to why penalty proceedings under Section 17 of the Act shall not be initiated against him. His explanation, if any, should reach the Commission within three weeks from the receipt of this order along with compliance of directions passed here-in above. With these directions, the appeal filed before the Commission is disposed of." |
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