Early Times Report
Srinagar, Mar 11: The State Information Commission (SIC) has issued penalty notice against Sub Divisional Magistrate (SDM) Tral Pulwama as he denied to tprovide information under RTI Act to an information seeker while he was posted as Public Information Officer (PIO) Consumer Affairs & Public Distribution Department (CAPD)Civil Secretariat some time back.
Details available with Early Times reveal that Showkat Ahmad Bhat, a resident of Frestbal Pampore approached State Information Commission (SIC) with a complaint, stating that no information has been provided to him by the PIO. In-spite of Commission's decision dated: 05-08-2015. The brief facts of the complaint are that the complainant had filed an RTI application before PIO, CAPD, Civil Secretariat on 08-04-2015, seeking certain information. The PIO was under legal obligation to pass an order as expeditiously as possible but not later than 30 days, which has not been done till date. Having received no response from the PIO, complainant filed first appeal before the First Appellate Authority (FAA) , CAPD, Civil Secretariat on 05-06-2015, but the FAA also did not adjudicate the first appeal of the information seeker. Ultimately, information seeker approached State Information Commission (SIC) with 2nd appeal on 30-06-2015. The Commission while adjudicating this appeal vide decision dated: 05-08-2015 directed PIO, CAPD, Civil Secretariat to disclose information to the information seeker within 15 days of the receipt of the order and also advised information seeker to deposit Rs. 10/- as basic RTI application fees strictly in accordance with Rule 3 of the J&K RTI Rules, 2012. However, as the information seeker did not receive any response from the said public authority, he preferred to approach SIC once again with a complaint under Section 15 of the J&K RTI Act, 2009 on 20-10-2015.
SIC's decision 2.2.2016 reads: "Commission heard the present PIO, Mr. Subhash Chander Raina and perused the record on file. Since, no information till date has been provided to the information seeker, therefore, the then PIO, CAPD, Civil Secretariat, Mr. Riyaz Ahmad Malik, presently posted as SDM, Tral is directed to explain why penalty may not imposed on him for not providing information to the information seeker within the stipulated time as prescribed under the Act. His reply, if any must reach the Commission within 15 days of the receipt of this order. The present PIO, CAPD, Civil Secretariat, Mr. Subhash Chander Raina to serve copy of this order on Mr. Riyaz Ahmad Malik at his present place of posting. Registry of the Commission to put up the file immediately after the time of submitting explanation from the then PIO is over. The present PIO, CAPD, Civil Secretariat is directed to provide information to the information seeker within a weeks' time from the date of receipt of this order. In case of his non compliance to this order, action will be action against him under Section 15 of the J&K State RTI Act, 2009. |
