Early Times Report
Srinagar, Dec 9: The State Information Commission (SIC) has put General Manager, Government Joinery Mills Pampore, on penalty notice for denying information under RTI Act.
An applicant revealed that Mir Ubaidullah, a resident of Kakpora, Pulwama, approached the SIC with second appeal-cum complaint on 05-11-2015 stating therein that there has been failure on part of the PIO-cum-GM of the joinery mill Pampore to respond to his RTI application.
The applicant filed an RTI application before the GM on 27-05-2015, seeking details about employees appointed in the unit since 2009. The applicant also sought details whether any proper procedure has been followed while making such appointments.
The applicant also sought copies of the appointment orders and documents submitted by the appointees. The PIO passed order on 25-06-2015 wherein he has replied to the RTI application of the information seeker point-wise. However, not being satisfied with the response of PIO, applicant filed first appeal before Managing Director-cum-First Appellate Authority (FAA), JKI on 21- 07-2015. The FAA was under legal obligation to adjudicate the first appeal normally within 30 days or within a maximum period of 45days after recording reasons for the said extension of 15 days time for deciding the appeal. However MD failed to adjudicate the appeal.
"The FAA (MD) is a public authority and in addition to his own routine duty, he has been vested with the powers of adjudicating the appeal filed before him under J&K RTI Act, 2009. As a public authority, he is bound to discharge his duties and if he failed to discharge his duties cast on him, the competent authority may take a call against him for not discharging his duties. The FAA is therefore advised to act carefully in future while discharging his duties particularly cast on him under J&K RTI Act, 2009," reads SIC order dated 26.11.2015
Not being satisfied with the responses of PIO (GM) and the FAA (MD) applicant approached SIC and submitted that the information so provided to him was incomplete, incorrect and misleading.
The SIC order also read that the PIO has not been careful enough to respond to the RTI application. "Commission would like to bring attention of PIO to Section 17 of the J&K RTI Act, 2009 which provides imposition of penalty on PIO for not responding to the RTI application correctly and completely or for giving misleading information. PIO is therefore directed to give complete list of workers engaged in the said mill since 2009, attested copy of their appointment order and other documents as sought by the information seeker within 15 days of the receipt of this order. Meanwhile, PIO, JKI, J&K, Jammu, G.M.Wani is directed to explain why penalty proceedings may not be initiated against him for not providing complete information to the information seeker. His reply, if any must reach the Commission within 20 days of the receipt of this order." |
