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| Unrecorded opinions can't be shared under RTI: SIC | | | Early Times Report
Jammu, Dec 19: The State Information Commission (SIC) has said that official opinions and advises if not recorded in document form can't be shared under Right to Information Act. While deciding an appeal titled Ram Singh v/s J&K State Vigilance Commission, the Chief Information Commissioner (CIC) G R Sufi said that unless the records are maintained the opinions and advises which otherwise have to be shared under section 2 (d) of State RTI Act 2009, cannot be shared by the Public Information Officer (PIO) to the information seeker.
Details available with Early Times reveal that Ram Singh, a resident of village Baran Bhalwal district Jammu while exercising his right to information filed an application under state RTI Act before PIO, J&K State Vigilance Commission (SVC) received in his office on 10-09-2015, seeking information with regard to his complaint dated: 06- 07-2015 addressed to Vigilance Commissioner, J&K against one Patwari and other revenue officials for misusing of their office position. The information seeker sought a) Action taken in the said complaint. b) Misusing J&K Alienation of Land Act 1995 (1930 A.D.) merely for corrupt practices. c) Proceedings initiated in the complaint on records. The PIO of SVC passed order on 29-09-2015, which is within stipulated time. The PIO enclosed with his order copy of letter dated: 08-09-2015 addressed to Deputy Commissioner, Jammu which mentioned complaint was forwarded to Deputy Commissioner, Jammu by the State Vigilance Commission (SVC) for enquiring into the matter and take necessary action accordingly. However, appellant denied of having received any such order. The PIO produced before the Commission dispatch register and substantiated with evidence that order was delivered to the information seeker through speed post.
Not satisfied with PIO's order the appellant preferred first appeal before the First Appellate Authority (FAA) , J&K State Vigilance Commission on 07-10-2015. The PIO submitted that FAA informed the information seeker telephonically to appear at Jammu office of the Vigilance Commission on 14-10-2015 in order to adjudicate his appeal. Appellant did confirm before the Commission of having received said call. However, on perusal of records during appeal hearing before State Chief Information Commission (CIC), it was found that first appeal has not been adjudicated.
The First Appellate Authority, J&K State Vigilance Commission was advised by CIC that Section 16 of the J&K State RTI Act, 2009 provided that first appeal preferred before the FAA has to be adjudicated within 30 days of the receipt of appeal extendible by further 15 days after recording reasons for said extension, after providing an opportunity of being heard to the information seeker. In case, appellant did not attend FAA's office, the first appeal still has to be adjudicated on the basis of record and material available. |
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