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DC Udhampur violates GAD circular
Can ACR be designated as APIO?
9/29/2018 10:38:28 PM
Early Times Report

Jammu, Sept 29: By designating Assistant Commissioner Revenue (ACR) as Assistant Public Information Officer (APIO) the Deputy Commissioner office Udhampur has not only violated the provisions of RTI Act , but this also going against the July 2017 circular of General Administration Department (GAD) as well which has made it clear that only senior officers should be posted as First Appellate Authorities (FAAs) and PIOs.
Details available with Early Times reveal that the basic appointment of ACR Udhampur as APIO in the office of DC Udhampur runs counter to the standing instructions of Government vide Circular No: 35 -GAD of 2017 Dated 25.07.2017 wherein it has been provided that PIOs shall not be below the rank of Additional Secretary or Deputy Secretary to Government. In case of DC office Udhampur the ACR is of the rank and status of Deputy Secretary to Govt , and should not have been designated as APIO.
As reported already vide RTI reply No: LA/ADC/746-49 Dated: 27.7.2018 the Naib Tehsildar Land Acquisition section DC office Udhampur has responded to an RTI applicant who sought details of illegal land filling being done in Tawi nallah by a private construction company on Jammu Srinagar National highway at Moudh village. Instead of getting a response by designated PIO ie Additional DC (ADC) Udhampur, Naib Tehsildar in DC office has allegedly submitted a vague response and addressed the same to Assistant Commissioner Revenue (ACR) who is also the Assistant PIO (APIO) in DC Office. A copy of the letter has been sent to J&K RTI Movement through its Chairman who is the information seeker . Feeling agitated the information seeker has now filed a complaint before State Information Commission (SIC) "It is the PIO (ADC Udhampur) who has to respond to information seekers and not any other official. But in this case the letter is forwarded by Naib Tehsildar to ACR and a copy is send to me . This is complete violation of RTI Act. Not only has the PIO violated the provisions of RTI Act, but even the information hasn't been provided . The ACR forwarded the letter to Tehsildar Chenani and Udhampur. Tehsildar Chenani forwarded the RTI application to Naib Tehsildar Chenani , who forwarded the same to Patwari Mada and Chenani. The Patwari Mada said information does not pertain to him. Who is the custodian of the information. This is a matter of public interest as our environment is at stake especially Tawi river is under threat. This is all gross violation of RTI Act and officials are passing the buck " said information seeker. Earlier ACR Budgam had also failed to respond to an information seeker when he sought copies of notifications issued under J&K Land Acquisition Act. After 25 days ACR told information seeker he is not the PIO. The case landed before the then CIC Khurshid Ganai who initiated disciplinary action against the officer. Aggrieved have now filed a complaint before State Information Commission (SIC) seeking legal proceedings against the PIO (ADC Udhampur) . In addition to it disciplinary action has been sought against other officers as well.
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