Early Times Report
Jammu, June 22: As the officials of revenue department Jammu were alleged to have intentionally misplaced the record (Nishandehi) pertaining to a land located at Khanpur, the State Information Commission (SIC) has directed the deputy commissioner, Jammu, to get the matter enquired.
Details available with Early Times reveal that one Ram Parshad of Kanak Mandi, Jammu, had moved an application under J&K RTI Act 2009 dated 19.11.2014 before the PIO/Assistant Commissioner (Revenue), Jammu. The applicant sought certified copy of report of patwari dated 26.11.1996 made on the application of Ram Parshad, son of Dhani Ram of Kanak Mandi, for effecting Nishandehi duly signed by Tehsildar, Jammu, with regard to a piece of land under Khasra No 191 Min measuring two kanals situated at Khanpur.
Feeling aggrieved of inaction on the part of the PIO, he filed first appeal on January 14, 2015 before the First Appellate Authority (FAA) in the office of the Deputy Commissioner, Jammu. The FAA disposed of the appeal vide office file No DCJ/ACN/2014-15/23, Decision No 3, dated 16.03.2015 with a direction to PIO/Tehsildar, Jammu and Nagrota to provide the information to the applicant within a week's time by hand after taking proper receipt.
Again feeling aggrieved of non-compliance of the FAA's order, Ram Prasad filed second appeal on March 31, 2015 before SIC. The Commission after receiving the second appeal listed the matter for hearing on 30.04.2015.
During the hearing, the appellant was present and both the PIOs/Tehsildar, Jammu and Nagrota were also absent. Matter was adjourned and listed again on 18.05.2015 during which the appellant and tehsildar, Jammu were present, whereas, tehsildar, Nagrota, failed to cause his appearance before the commission. The matter was again adjourned on the request of tehsildar, Jammu who sought time to trace the file.
The PIO / Tehsildar, Jammu, Abid Hussain apprised SIC vide his office letter No JJ/PIO/RTI/15-16/15 dated 08.06.2015 that on SIC direction, the whole staff/field staff were pressed for tracing the record pertaining to the demarcation report asked by the applicant but it could not be traced.
During the course of proceedings held on June 9 last before the SIC court, PIO/tehsildar, Jammu, informed that on the direction of the learned Munsiff, Jammu, his predecessor had submitted a report vide office No TJ/OQ/1779 dated 31.10.2014 which said that the demarcation report dated 26.11.1996 could not be traced despite best efforts and search. The PIO further submitted that due to reconstitution of new administrative units, the old record has been transferred to tehsil Nagrota whereas, the file relating to information sought by the information seeker could not be traced even after verifying the Dispatch Register whereunder the record has been transferred to tehsil Nagrota.
SIC order issued on June 9 reads as:
"The perusal of the facts shows that the PIO/Tehsildar, Jammu had made sincere efforts in tracing the record relating to the information sought by the appellant. There is no intentional delay or malafide on the part of the PIO to deny the information. However, the misplacement of important documents and records is a serious matter because the appellant requires this information in order to plead his case which is pending before the court of law in Jammu. Prima-facie there appears to be some mischief on the part of the person who may be having the custody of the record to misplace the file in order to benefit the other party in the court of law. It also reflects poor upkeep and maintenance of old record by the revenue authorities. In the given circumstances, Deputy Commissioner, Jammu, is directed to get the matter enquired by a senior officer so that the responsibility could be fixed on the delinquent official who has been responsible for the custody of the record and report to SIC the findings of the inquiry within one month from the date of receipt of this order. Registry is directed to endorse a copy of this order to Deputy Commissioner, Jammu for compliance." |
