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| ACD sends VLW to attend SIC hearing; BDO Gool penalized | | Mockery of RTI | | Early Times Report
Jammu, Mar 29: As the State Information Commission (SIC) hardly bothers about penalizing the corrupt and inefficient officers, some senior government officers have now started taking RTI Act for granted.
During a recent appeal hearing before the SIC, the Assistant Commissioner Development (ACD) Ramban, instead of appearing before the commission, sent a Village Level Worker (VLW) to appear.
The SIC took the matter seriously and penalized a Block Development Officer (now transferred). The Registrar of SIC and Director RDD Jammu have been directed to start the penalty proceedings.
Details available with Early Times reveal that one Ahmad Din Lohar of Gool, Ramban filed an RTI application with the Public Information Officer (PIO)/Block Development Officer, Gool seeking information with regard to population list along with their name of family members in respect of Panchayat Constituency Gool-B and Gool Parthmulla.
The PIO did not provide requisite information to the applicant within stipulated time and information seeker filed 1st appeal with First Director, Rural Development Department (RDD), Jammu on 10-07-2017.
The First Appellate Authority (FAA)/Director, RDD, Jammu disposed of the 1st appeal vide order dated 19-07-2017, directing the PIO to furnish the information directly to the applicant under intimation to the FAA. Despite clear directions from the FAA, the PIO did not provide information to the applicant forcing him to file second appeal before the SIC on 25-10-2017.
The second appeal was listed for hearing before the SIC on 10-01-2018. The appellant was present but the respondents did not attend despite due notice. The appeal was adjourned with the directions to the PIO to explain as to why they have not provided the information to the appellant within the prescribed period and a direction to ACD Ramban why he has not discharged the statutory duty of disposing the appeal inspite of directions from Directorate of RDD, Jammu.
The PIO/FAA were also directed to present themselves before the SIC in person on next date of hearing and also file rejoinder to the second appeal. The appeal again came up for hearing before the SIC on 15-03-2018. The hearing was attended by Rajat Sharma (VLW) on behalf of ACD, Ramban and the appellant. The PIO did not attend.
Vide Interim Order dated 10-01-2018, the SIC had provided the PIO/BDO, Gool an opportunity to explain as to why he has failed to provide the information to the appellant within the period specified in terms sub-section (1) of section 7 which amounts to denial of information in terms section (2) of section 7 of the J&K RTI Act.
The PIO was also directed to provide the information to the appellant as sought by him and also file rejoinder to second appeal by or before the next date of hearing. The ACD was also directed to explain as to why he has failed to discharge his statutory duty of disposing of 1 st appeal inspite of directions from the Directorate of RDD, Jammu.
"The PIO has not only failed to provide the information to the appellant but has also failed to appear before the Commission. He has also not filed any rejoinder to second appeal. This attitude of the PIO exhibits disdain and disregard on the part of the PIO towards the J&K RTI Act and the SIC.
Such a behaviour is not only unacceptable but also unbecoming of a government functionary and dereliction of statutory duties and responsibilities cast on him under the Act. Persistent denial of information by the PIO and scant regard for the directions issued by the Commission makes the PIO liable for penalty not only under sub-section (1) of section 17 but also under sub-section (2) of section 17 of the J&K RTI Act.
"Since an opportunity of being heard and also of explaining the reasons which prevented him to provide information to the appellant within specified time was given to the PIO and he has not availed of such an opportunity. In such situation, the averments of the appeal filed by the appellant alleging denial of information by the PIO go un-rebutted and unrefuted. As such, the PIO has become liable to penalties under section 17 of the J&K RTI Act, 2009.
The representative of the FAA submitted that the 1 st appeal was filed by the appellant before Directorate of RDD, Jammu on 10-07-2017. The same was transferred by RDD to the FAA/ACD, Ramban on 19-09-2017. The FAA thereafter disposed of the first appeal by its order dated 02-11-2017 by directing the PIO/BDO to provide the desired information to the appellant free of cost within 7 days. Therefore, the FAA has discharged its statutory duty of disposing of the appeal within the prescribed period. After perusing of the record and the submission made by the representative of the FAA, the Commission accepts the explanation given by the FAA. The representative of the FAA has informed that Bahar Ahmad Wani, BDO, Gool has been recently transferred and now Mr. Rajinder Singh has been posted as BDO Gool," reads SIC order.
The order further reads: "The present PIO/BDO, Gool, Mr. Rajinder Singh is directed to provide the information as sought by the appellant within a period of 15 days from the date of receipt of this order. In case the PIO fails to provide the information to the appellant within the above referred period, the appellant have liberty to file a complaint against the PIO under section 15 of the J&K RTI Act, 2009.
The Registry is directed to initiate proceedings against the then PIO/BDO, Gool, Bahar Ahmad Wani for imposition of penalties under section 17 of the Act for denying information to the appellant within specified time and also for persistently refusing such information even after the directions from FAA and the SIC. The Registry is also directed to send a copy of this order to the Director, RDD, Jammu being the Controlling Authority of the PIO for his information and necessary action." |
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