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| Clear case of mishandling by DC Srinagar: SIC | | Denial of Info about Revenue extracts | | Early Times Report
srinagar, Dec 8: As Deputy Commissioner's office Srinagar failed to provide revenue extracts to an information seeker under Right to Information Act (RTI) , the State Information Commission (SIC) after hearing this case has termed it a clear case of mishandling by the DC's office.
Details available with Early Times reveal that an RTI application dated 26-03-2018 was filed by one Shafiq Ahmad Sheikh R/O Mir Masjid Khanyar Srinagar in the office of Deputy Commissioner, Srinagar seeking information regarding land measuring 1166 sqft under Khasra No. 3037 situated at Aram Masjid, Khanyar and action taken on his representation dated 14-03-2018 made to Deputy Commissioner, Srinagar regarding gift deed executed by Tasleema wife of the information seeker in favour of one Abdul Rashid Sheikh.
The PIO/Assistant Commissioner (Revenue), Srinagar vide his communication dated 07-04-2018 transferred the RTI application filed by Shafiq Ahmad Sheikh to Tehsildar, Khanyar under section 6 (3) of the J&K Right to Information Act, 2009 for providing information to the appellant.
Subsequently Shafiq Ahmad filed first appeal on 12-05-2018 with Deputy Commissioner, Srinagar submitting thereunder that no information has been provided to him in response to his RTI application. The PIO office of the Deputy Commissioner, Srinagar transferred the first appeal to SDM (East) Srinagar vide communication dated 31-05-2018. The RTI applicant subsequently filed second appeal before State Information Commission (SIC) on 16-07- 2018 submitting thereunder that neither any information has been provided to him in response to his RTI application dated 26-03-2018 nor his first appeal has been disposed of by the First Appellate Authority FAA) .
The appeal came up for hearing before the State Information Commission on 22-10-2018. The appellant Shafiq Ahmad Sheikh was present in person. PIO/Tehsildar, South Srinagar was also present during the hearing. However, nobody appeared on behalf of SDM East ie First Appellate Authority (FAA).
The PIO submitted before SIC that the appellant had sought information regarding his land at Aram Masjid, Khanyar and he has furnished a copy of Intikhab Jamabandi to the appellant. However, the appellant Shafiq Ahmad Sheikh submitted that Intikhab Jamabandi provided by the PIO is with regard to Khasra No. 3035 while as he had sought copy of Jamabandi of land under Khasra No. 3037. The PIO (Tehsildar Khanyar) during the hearing told State Information Commissioner M A Mir that no information is available with him with regard to point No. 2.
SIC 's order reads as
"After going through the part information provided by the PIO to the appellant and also after hearing the parties, the Commission feels that the RTI request filed by the appellant has been mishandled by the office of Deputy Commissioner, Srinagar.
The appellant had sought information with regard to representation made by him to Deputy Commissioner, Srinagar. The said information could have been provided only by the office of Deputy Commissioner, Srinagar. There was no need to transfer the RTI application to Tehsildar Khanyar. The PIO in the office of Deputy Commissioner, Srinagar should have sought assistance of Tehsildar, Khanyar and thereafter provided complete information to the appellant at his own level. Similarly, the SDM (East) Srinagar, to whom the first appeal filed by the appellant was transferred, has also not performed his duties in accordance with the provisions of the Act. He has not disposed of the first appeal within the period stipulated under the Act. Since the maximum period allowed to the Commission under section 16 (11) of the Act for disposal of second appeal is about to expire, no further adjournment can be given in the present appeal. The appeal is therefore, disposed of with a direction to PIO in the office of Deputy Commissioner, Srinagar to provide complete information to the appellant within a period of two weeks from the date of receipt of this order. The said information should cover not only the details about land measuring 1166 sqft under 5 Khasra No. 3037 at Aram Masjid, Khanyar but also action taken on the representation dated 14-03-2018 made by the appellant to Deputy Commissioner, Srinagar with regard to execution of gift deed executed by Tasleema Sheikh wife of the appellant in favour of Abdul Rashid Sheikh. The PIO in office of Deputy Commissioner, Srinagar may seek assistance of Tehsildar, Khanyar in collecting the information and thereafter provide the same to the appellant. In case the PIO in the office of Deputy Commissioner, Srinagar fails to provide the information to the appellant within the aforesaid period, the appellant shall be at liberty to file a complaint before the SIC under the provisions of the Act." |
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