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| Babus beware: Dy Director ICDS denies info, gets penalty notice from CIC | | | Early Times Report
Srinagar, June 1: The Chief Information Commissioner (CIC) has issued a penalty notice against the Deputy Director (P&S) who is also the Public Information Officer (PIO) at Mission Director ICDS for failing to provide information under Right to Information Act to an applicant.
The CIC has also sought an explanation from the Mission Director ICDS as to why compensation may not be provided to he RTI applicant, hailing from Kupwara district of north Kashmir, for making him to wait for months to get simple information under RTI Act.
Details available with Early Times reveal that one Farooq Ahmed Lone had filed an RTI application before the PIO Mission Director, ICDS J&K on 11.11.2014 to seek some information about the schemes implemented by ICDS in Kupwara. Under the provisions of section 7 of the J&K RTI Act 2009, a response to the RTI application was to be given as expeditiously as possible as but not later than 30 days. That means the RTI application was to be decided in any case by December, 2014. As Farooq did not receive any response from the PIO, he filed first appeal before First Appellate Authority (FAA)--Mission Director ICDS--on 1.1.2015.
"The law makes it a duty of the public authority to appoint as many PIO(s) and FAA(s) as deemed necessary. Hence the then State Mission Director ICDS Dr. G.N. Itoo is deemed to be the FAA. Under the provisions of section 16 of the J&K State RTI Act, 2009 the FAA is under legal obligation to adjudicate the appeal within a maximum period of 45 days after hearing both the PIO as well as the appellant and direct the PIO for disclosure of information if the information sought falls under the definition of information. As no such appeal was decided, therefore, the appellant preferred second appeal before this Commission vide his second appeal dated: 4.2.2015" reads the order issued by CIC G R Sufi on 27.5.2015.
The appellant stated before the State Information Commission (SIC) that he not only filed RTI application and first appeal but had also approached the FAA on 1.1.2015 for getting the information. However, he was provided letter on some information under letter No: DMD/ICDS/51/2015/1258/59 dated: 23.1.2015. This was not the relevant information which the appellant actually wanted.
CIC's order:
"The Commission, therefore, holds that so far the information seeker has been denied the information which is not only his statutory right but a constitutional right as well. The Commission directs that information be provided to the information seeker exactly on the lines which are mentioned in the RTI application dated: 11.11.2014 within 15 days from the receipt of this order. Mr. Mohammad Yousuf Rather, the then Deputy Director (P&S) -cum-PIO is directed to explain why penalty under section 17 of the J&K State RTI Act, 2009 may not be imposed on him for violating the provisions of law and thus denying the information to a resident of the State.
His reply, if any, must reach this Commission within 15 days from the receipt of this order. Pran Singh, Joint Director, Mission Director ICDS is directed to serve a copy of this order on Shri Rather at his present place of posting. The Commission would also like the public authority of Mission Director ICDS to explain why provisions of section 16(9)(b) may not be invoked and necessary compensation awarded in favour of the appellant who has been running from pillar to post since November, 2014. He has even attended Jammu office of State Information Commission for pursuing his right of information. The objections of Public Authority, if any, for not awarding compensation to the appellant be given within 15 days from the receipt of this order." |
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