Early Times Report
Jammu, Dec 16: The State Information Commission (SIC) has issued a notice seeking written explanation from Sub Divisional Magistrate (SDM) Vijaypur as the officer neither replied to the notice of the Information Commission , nor remained present during the case hearing at the SIC's office in Jammu on 8.12.2015 . The case is related to a vital information wherein Revenue department's officials have told SIC as well as an RTI applicant that revenue record has been damaged in Bari Brahmana area. The copy of the notice has been forwarded by SIC registry to Divisional Commissioner Jammu and the concerned Deputy Commissioner as well.
Details available with Early Times reveal that SIC received a second appeal from one Vikram Jeet Singh a resident of Samba on 31.10.2015 under J&K Right to Information Act (JK RTI Act 2009) on the ground that PIO (Tehsildar Bari Bhramana) provided irrelevant information to the appellant. Against said order, he filed First Appeal in the office of SDM, Vijaypur on 13.08.2015, but no action was taken by SDM . He therefore requested the Commission to look into the matter. Vikram Jeet Singh wanted information about Aks / Shajra of Khasra under "Data Talab" area which was not provided to him as the Tehsildar in his reply said the same has been destroyed. Information seeker also sought Khasra numbers of land on which Govt. Middle School near Data Talab has been constructed.
In response to the notice of the SIC, Farooq Khan, Tehsildar, Bari Brahmana, district Samba filed reply dated 04.12.2015 wherein he stated that Aks / Sajra in respect of the land under "Data Talab" area could not be provided because, the record i.e. "Latha" has worn out and therefore, Khasra No. under "Data Talab " area could not be located/traced. In response to another point he submitted that there is no entry of Govt. Middle School near "Data Talab" in "Khasra Girdawari" and therefore, no information can be provided. PIO submitted that the reply in this regard has been sent to the information seeker Vikram Jeet Singh vide letter dated 16.07.2015 alongwith the report of Naib Tehsildar, Bari Brahmana wherein the information as stated above in the reply/counterstatement of the Tehsildar has been provided. During the proceedings held at SIC Jammu on 8.12.2015 , Tehsildar submitted that one copy of record is also available in the office of Director, Land Records, Jammu.
Under Section 6 (3) (a) of the J&K Right to Information Act, 2009 where-in application is made to the public authority requesting for information and which information is held by another public authority, the Public Information Officer to whom the RTI application has been made, is required to transfer such part of application to the other public authority and inform the applicant about such transfer. In the this case, Tehsildar, Bari Brahmana knowing fully that the information in respect of Point No.1 is available in the office of Director, Land Records, Jammu, did not transfer the application to Director Land Record, Jammu as was required under the J&K RTI Act 2009.
In this regard Tehsildar, Bari Brahmana, Samba has been directed by SIC to transfer the Point No.1 (damage of record) of the RTI application of the appellant to the PIO of the concerned public authority (Director Land Records Jammu) under Sections 6 (3) (a) of the J&K RTI Act, 2009 within a week's time from the date of pronouncement of the order. In case of response given to point no 2 , concerned, Tehsildar stated before SIC that there is no entry in record of Govt. Middle School near "Data Talab" in "Khasra Girdawari". The Commission in its order said that Tehsildar is not required to create information which is not existing on records.
SIC order reads: "The Commission is of the view that citizens cannot be deprived of information merely because a particular land record has been damaged/worn out with the passage of time and is not legible and thus cannot be provided. The public authority/Tehsildar concerned is required to take immediate action to rebuild such records, more so when a copy of this record is available in the office of Director, Land Records, Jammu as submitted by the Tehsildar. In view of the above, Tehsildar, Bari Brahmana, Samba shall apprise the Commission about action taken by him in preparing the record afresh in respect of this area within two weeks. The Commission also directs Director, Land Record, Jammu to render full assistance to Tehsildar Bari Brahmana in rebuilding/preparing "Aks/Sajra" of "Data Talab area".
Documents enclosed in the appeal reveal that First Appeal has also not been adjudicated/disposed of by the First Appellate Authority (FAA) ie Sub Divisional Magistrate (SDM) Vijaypur. Accordingly, notice was issued to the First Appellate Authority vide dated 16.11.2015 to file counterstatement/reply and also appear before the Commission on the date of hearing fixed on 08.012.2015 at 12.30 p.m. at Jammu Office. However, the FAA/SDM, Vijaypur neither filed any reply nor appeared before the Commission on the date of hearing. In view of the above, FAA/ SDM, Vijaypur Sh. Rajneesh Gupta is directed to explain his position for non-compliance of the directions of the Commission and also prima-facie failure to dispose of the appeal as per the Provisions of Section 16 of the Act., within two weeks from the date of receipt of this order, failing which action in terms of RTI /Rules shall be initiated. Since information sought and issues involved are of larger public interest, Registry shall mark copy of the decision to the Divisional Commissioner, Jammu and concerned Deputy Commissioner and Director, Land Records, Jammu". |
