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| 'Illegal' mutation of agri land in Bhalwal | | CIC intervenes, Revenue officials caught on wrong foot | | Early Times Report
Jammu, Dec 11: The officials of Revenue department have been caught on the wrong foot as the Chief Information Commissioner (CIC) of J&K State Information Commission G R Sufi has directed Tehsildar Bhalwal who is also the designated PIO under State RTI Act to provide complete legal reasons to an information seeker under J&K RTI Act 2009 as to why he , Naib Tehsildar and Patwari concerned mutated a piece of agriculture land among non agriculturists at village Baran in Bhalwal tehsil of Jammu.
The information seeker Ram Singh a resident of village Baran tehsil Bhalwal Jammu alleges that this was an illegal mutation and according sought the details from Tehsildar concerned but the correct information was not provided to him.
Details available with Early Times reveal that one Ram Singh, a resident of the State has filed 2nd appeal under section 16 of the Jammu & Kashmir Right to Information Act, 2009 before State Information Commission (SIC) on 06.10.2015 stating therein that he had filed an RTI application before the PIO, in the office Financial Commission, Revenue (FC Revenue) received in the office of FC on 29.07.2015. The RTI application was transferred by PIO, in the office Financial Commissioner, Revenue to DC office Jammu as the requisite information was held by PIO, DC office Jammu.
The PIO under section 7 of the Jammu & Kashmir Right to Information Act, 2009 (JK RTI Act 2009) was required to pass an order, as expeditiously as possible, but not later than 30 days i.e. (the outer limit for passing an order) but he failed to give response to the appellant within time. Hence the appellant filed 1st appeal before the First Appellate Authority, office of DC Jammu and not to Joint Financial Commissioner, Revenue as reported by Tehsildar, Bhalwal. The First Appellate Authority (FAA) was under legal obligation to adjudicate this appeal on the basis of facts of the case and record available. However, he did not adjudicate the 1st appeal. Having not received any response from FAA, appellant approached SIC.
The Commission heard appellant, PIO (Tehsildar) and FAA (SDM North Jammu) on 16.11.2015 . It was admitted by the PIO (Tehsildar Bhalwal) that he didn't pass the order within 30 days time but later on responded to the RTI application. Though the PIO made response, the appellant submitted before the State Information Commission (SIC) that the response so given was incomplete. The Commission after going through the RTI application found that information at point No. 1 has not been given in accordance with information asked . The information seeker had specifically asked under which norms, rules and procedure the concerned Patwari/Naib Tehsildar Halqa: Baran, Tehsil: Jammu has mutated the land in the name of non-agriculturalists as detailed in the RTI application,. The Commission directed the PIO to provide the complete and correct information by referring to the clauses/sections under which the Hon'ble Court had ordered the mutation of said mutation numbers within 15 days from the date of pronouncement of this order.
Order further reads as: "The First Appellate Authority (FAA) under section 16 of the J&K Right to Information Act, 2009 was under legal obligation to adjudicate the appeal within the time laid down in the Act which he has failed. The FAA is a public authority and is reminded that adjudicating the appeal under RTI Act is a public duty cast on him and refusal or failure to perform such public duty in future may be reported to the concerned competent authority for taking necessary action. With these observations the 2nd appeal is disposed of." |
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