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SIC issues penalty notice against ADC Kupwara | | | Early Times Report Jammu, Apr 17: The State Information Commission (SIC) has issued a penalty notice against the Additional Deputy Commissioner (ADC) Kupwara as the said officer who is also the designated Public Information Officer (PIO) failed to provide information to an RTI applicant. The application was actually filed in the office of Chief Secretary which was forwarded to Home Department and the Home Department finally forwarded the same to DC office Kupwara. The appellant filed the RTI application before the PIO in the office of Chief Secretary, J&K State Srinagar vide his application dated: 25.09.2013. As the information did not pertain to the office of Chief Secretary, the same was forwarded to PIO Home Department as provided under section 6 of the State RTI Act. The PIO Home Department found that the information was not pertaining to Home Department, hence he further forwarded the application to the PIO, office of Deputy Commissioner, Kupwara on 02.10.2013. The PIO in the office of D.C Office Kupwara was under legal obligation to pass an order under section 7 and dispose of the RTI application accordingly. As the appellant did not receive any information, he filed first appeal before Additional Secretary-cum- First Appellate Authority, Home Department who disposed of the first appeal on 11.12.2013 directing the PIO, D.C Office Kupwara to provide the information to the appellant. Again no information having been received from PIO Kupwara, the appellant filed second appeal before the SIC on 15.01.2014 which was defective. The defects were removed by the appellant vide his letter dated: 07.02.2014. A second appeal was then filed by Anil Kumar Raina resident of Tomal Bohri Jammu in the State Information Commission (SIC) on 15.01.2014. After going through the appeal, the SIC observed that " It is seen from the records that the PIO Home Department has taken action in accordance with law. However, it is the PIO DC office Kupwara who has not so far discharged his duty cast on him under State RTI Act. As the ADC-cum- PIO in the DC office Kupwara Shri Abdul Aziz Bhat has not proved before the Commission that he had provided the information sought by the appellant, therefore, he is liable to be penalized under section 17 of the State RTI Act. He is accordingly given an opportunity to explain why penalty may not be imposed @ Rs.250/- per day of default on him. The period of penalty will be reckoned from the date of receipt of application from the PIO Home Department till the date of disposal of the application. His reply, if any, must reach this Commission within 15 days from the receipt of this order. He is also directed to pass the order providing the information to the information seeker with a copy to this Commission" |
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