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DC Office Doda making mockery of RTI Accused become adjudicator; CIC furious 1/19/2016 11:55:10 PM Early Times Report Jammu, Jan 19: The Additional Deputy Commissioner Doda (ADC) who was the Public Information Officer (PIO) in DC Office Doda earlier has adjudicated an RTI appeal filed against himself under state RTI Act. The ADC has now been designated as First Appellate Authority (FAA) and he decided an appeal himself which was filed against the PIO of DC office. Pertinently the ADC used to be designated PIO sometime back. The issue has been taken seriously by the State Chief Information Commissioner (CIC) G R Sufi who has called the erring officer ignorant. The CIC has also issued penalty notice against ex Tehsildar Marmat who did not provide information to an information seeker. Details available with Early Times reveal that one Anayatullah Lone, a resident of Behota Marmat district Doda filed an RTI application before the Public Information Officer (PIO) in the office of Deputy Commissioner Doda on 11.05.2015 seeking certain information from the PIO. The PIO, DC Office Doda vide his communication addressed to Tehsildar Marmat Bansi Lal on 18.5.2015 asked him for giving assistance followed by a reminder on 11.6.2015. The Tehsildar Marmat Bansi lal Sharma did not respond to the communication of the PIO. Having not received any information, the Anayatullah Lone filed first appeal before Additional Deputy Commissioner-cum- First Appellate Authority (FAA) on 1.7.2015. The FAA was under legal obligation to adjudicate the appeal after giving an opportunity of being heard to the appellant within 30 days plus extended period of 15 days if any. The FAA vide his letter dated: 7.7.2015 sought the report of the PIO and has sought assistance of the appellant (Anayatullah Lone) also. The first appeal was adjudicated by Vaibhav Kohli, KAS (Additional DC) who was originally PIO at the time of filing of RTI application. While disposing off this case the Chief Information Commissioner (CIC) ruled, "It is surprising that a person against whom the appeal has been filed before the senior authorities becomes judge in his own case. As per section 16 of the J&K State RTI Act, 2009, the First Appellate Authority (FAA) has to be an officer who is senior in rank to the PIO in each public authority. It was the duty of the public authority to ensure that a senior officer is designated as FAA. As this order is bad in law being without jurisdiction, therefore, it is quashed. The Commission is shocked and pained to observe that in-spite of the fact that the concept of the RTI in the State has originated in the 2004 and replaced by a revolutionary act like J&K State RTI Act, 2009, certain public authorities are still ignorant of the legal position as anybody could guess. The CIC further ruled, " Ex Tehsildar Marmat Bansi Lal Sharma is held to be deemed PIO who has failed to provide the assistance to the PIO. Therefore, Shri Bansial Sharma then Tehsildar Marmat is directed to explain why penalty proceedings under section 17 of the J&K RTI Act, 2009 may not be initiated against him. His reply, if any, must reach this Commission within 15 daysfrom the receipt of this order. Present Tehsildar-cum-APIO Marmat Shri Anil Charak who attended this Commission is directed to serve a copy of this order on Bansi Lal Sharma".   Share This News with Your Friends on Social Network     Comment on this Story

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