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| SIC seeks explanation from DC Kupwara, Tehsildar put on penalty notice | | Denial of Info about Land Rent | | Early Times Report
Srinagar, May 14: The State Information Commission (SIC) has sought an explanation from the Deputy Commissioner (DC) Kupwara for his utter failure in disposing off a 1st appeal filed under State RTI Act by an appellant from Karnah teshil of Kupwara. The SIC has also put the Tehsidar Karnah on penalty notice for violating the provisions of RTI Act.
Details available with Early Times reveal that one Nowshad Ahmad Khan S/O Mohammad Yusuf Khan han a resident of Tangdar, Karnah filed Second Appeal under J&K RTI Act, 2009 before State Information Commission (SIC) on 05.02.2015 submitting that he approached Tehsildar Karnah vide application dated 04.09.2014 to provide record of rent from 2004 to 2014 of land under defense/army occupation at Tangdar under Survey No’s 1790, 1566 and 1566, but Tehsildar Karnah did not provide him information till 24.10,2014. Then on 24.10.2014, he appealed before Deputy Commissioner Kupwara, who has forwarded the same to ADC Kupwara and ADC instead of taking any action against the officer, kept silent over the matter for the reasons best known to him.
After lapse of 3 months, he again submitted an application on 30.01.2015 to know about appeal dated 24.10.2014 but without giving any weight to his request, his application was forwarded to Tehsildar Karnah which is nothing but means of avoiding and causing unnecessary trouble to the information seeker.
.The RTI applicant filed 1st appeal under J&K RTI Act before DC Kupwara but that was only not disposed off and the DC who is also the 1st Appellate Authority (FAA) under State RTI Act failed to even hear the appellant.
The State Information Commission (SIC)vide notice dated 18.02.2015 directed FAA/Deputy Commissioner Kupwara to file reply/counter statement to the appeal under intimation to the Commission However, Commission received a statement signed by ADC Kupwara dated 31.03.2015 with copy to the Deputy Commissioner Kupwara/FAA. As per documents available , the appellant has approached DC Kupwara with an appeal, which has been received on 30.01.2015. Under the provisions of Section 16 of the Act, FAA (DC Kupwara) was required to decide appeal within a period not exceeding 45 days. The statement of Additional DC (ADC) filed before SIC reveals that First Appeal has not been decided by the FAA/DC Kupwara.
The appellant and the PIO have been summoned by the ADC who have no authority whatsoever under the RTI Act to hear the appeal.
The Commission took serious note of the fact that DC Kupwara has not bothered to adjudicate the appeal filed before him nor has he filed reply under his seal and signature as asked for by the Commission as per provisions of RTI rules 2012 Chapter III Section 8(iv) of RTI Act 2009 .
SIC order dated 1.5.2015 reads as :
“In view of above Registry shall seek explanation of Deputy Commissioner
Kupwara by name returnable within two weeks with copy to General Administration Department. From the counter statement of the Tehsildar Karnah it is evident that at the time of filing of RTI application, he was not Tehsildar. Therefore Registry shall issue notice to the then Tehsildar Karnah during whose tenure RTI application was filed, to explain as to why penalty under Section 17 of the Act shall not be initiated against him” |
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