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| Guv Rule effect: SIC penalises BDO for denying info under RTI | | Rs 10k to be deducted from officer's salary | | Early Times Report
Jammu, July 26: As Governor's Rule continues in J&K, the institutions of transparency and probity seem to be working without any pulls and pressures. After penalizing an Assistant Director of Food Civil Supplies & Consumer Affairs (FCS & CA) the State Information Commission (SIC) has issued order of penalizing a Block Development Officer (BDO) who was previously posted in Gool area of Ramban. The officer had withheld information sought under RTI Act by a local resident of Gool.
As reported already by Early Times, a second appeal was filed in the SIC by one Ahmad Din Lohar, son of late Haji Ghulam Rasool of Gool, Ramban against Public Information Officer/BDO, Gool contending therein that the PIO has not furnished the information to him within the period specified in section 7(1) of the J&K Right to Information Act, 2009 in response to his RTI request dated 06-03-2017.
Lohar had sought information regarding population, with name of the family members, of Panchayat constituencies Gool-B and Gool-Parthimulla. On failure of the BDO/PIO to provide information, the appellant had filed first appeal before Director Rural Development Department on 10-07-2017. The said appeal was transferred by Joint Director Rural Development Department, Jammu vide communication No. DRDJ/RTI-Appeal/197/2017-18/14571-73 dated 19-07-2017. Then the appeal was forwarded again to Assistant Commissioner Development, Ramban (First Appellate Authority) with a direction to hear the appeal and instruct the PIO/BDO, Gool to furnish the information to the appellant.
When the PIO failed to provide the desired information to the appellant even after the directions from Directorate of RDD, Jammu, the appellant filed second appeal before the SIC on 25-10-2017. The said appeal was heard by the SIC on different dates of hearing, but the PIO/BDO, Gool did not attend any hearing inspite of notices issued by the Commission to him for personal attendance. The SIC was informed by the Directorate of RDD Jammu that the then PIO/BDO Bahar Ahmad Wani has been transferred from Gool and is now postedas BDO, Gundi Dharam, Ramban. He was replaced by Tariq Suharwardi, who too was transferred in March 2018 and replaced by Rajinder Singh. Finally the appeal was disposed of by the SIC on 15-03-2018 as under:
"The present PIO/BDO, Gool, 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 shall 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."
Accordingly, a show notice was issued to PIO/BDO, Gool as to why penalty as envisaged under section 17 of the J&K RTI Act, 2009 may not be imposed upon him for denying the information to the appellant. As no explanation was received from the PIO, another notice was issued by the Registry to him on 14-06-2018 directing him to appear before the Commission on 25-06-2018 for personal hearing. When the penalty proceedings came up for hearing before the Commission on 25-06-2018, the PIO did not appear in person, nor had he submitted any explanation to the show cause notice. He continued to appear before SIC several times.
The penalty proceedings again came up for hearing before the Commission on 23-07-2018. Bahar Ahmad Wani finally appeared in person and also filed a written explanation dated 21-07-2018. In his written statement, the BDO submitted that he has furnished information to the appellant on 11-10-2017 in respect of two out of the three points in response to the RTI application dated 11-07-2017 filed by the appellant.
When the then PIO was told that the present penalty proceedings were relating to non-furnishing of information in respect of RTI request dated 06-03-2017, and not in respect of RTI request dated 11-07-2017, he submitted that he has no knowledge about the said RTI application. During the hearing, Wani also submitted that the BDO office does not maintain the population details of the Panchayat wards/constituencies and, therefore, no information could have been furnished to the appellant in respect of RTI application dated 06-03-2017. When he was asked as why he did not inform the appellant that the population details are not available with the PIO and why no response was given to his RTI request, Wani again expressed his ignorance about the RTI request dated 06-03-2017. While explaining his non-appearance before the Commission during hearings of the appeal, the then PIO submitted that he had been transferred from Gool on 11-12-2017 and these notices were issued to BDO, Gool. Therefore, he did not receive any notice for appearance before the Commission in the second appeal.
SIC order reads
"The argument of Mr. Wani, the then PIO/BDO, Gool that he has no knowledge of RTI request filed by Mr. Ahmad Din Lohar on 06-03-2017 cannot be accepted. The applicant had posted the RTI application through registered post. The postal receipt made available by the appellant indicates that the RTI request was dispatched on 06-03-2017 through India Post at 12:49 hours. Thereafter, this RTI request also was forwarded by the Directorate of RDD, Jammu alongwith a copy of 1st appeal to Assistant Commissioner Development, Ramban with a copy to BDO, Gool vide communication No. DRDJ/RTI-Appeal/197/2017-18/14571-73 dated 19-07-2017. When the appellant filed 2nd appeal before the SIC on 25-10-2017, Mr. Wani was still posted as BDO, Gool.
The order further reads:
While passing the order, State Information Commissioner M A Mir in his order said that any lenient view in this matter would only encourage infringement and transgression of the provisions of J&K RTI Act, 2009 at the hands of PIOs and would obstruct and frustrate effective implementation of the Act in the state.
"The Commission accordingly felt that this was a fit case for imposition of penalty on the then PIO/BDO, Gool Bahar Ahmad Wani for denying the information to the applicant Ahmad Din Lohar (appellant) within the period specified in section 7(1) of the RTI Act. Accordingly, a show cause notice was served upon Mr. Bahar Ahmad Wani to explain why penalty should not be imposed upon him for refusing the request for information of the appellant and he was also given an opportunity of being heard by the Commission before imposing any penalty on him.
"A penalty of Rs. 10,000 is accordingly imposed upon Mr. Bahar Ahmad Wani, the then PIO/BDO, Gool and now BDO, Gundi Dharam, Ramban payable by him in person and deductible from his monthly salary. |
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