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| SIC issues penalty notice against BMO Verinag | | For non-cooperation with CMO | | Early Times Report
Srinagar, July 14: As an officer of Health Department failed to cooperate and assist his senior officer while disposing off an application filed under Right to Information Act (RTI) , the matter was treated as a serious offence by the State Information Commission (SIC) which has now issued a penalty notice against the officer of the health department who is presently posted as Block Medical Officer Verinag in south Kashmir's Anantnag district. The SIC also castigated the director health services Kashmir who is the First Appellate Authority (FAA) as he also failed to fulfill his duty by not listening to the plea of the RTI applicant.
As per details available one Syed Muzaffar Ahmad, a resident of the Qammar , Dooru district Anantnag filed an appeal before the State Information Commissio on 05.06.2014. The appellant who is an Advocate by profession attended the hearing at the Commission's office in Srinagar on July 1st and pleaded that he has filed an RTI application before the PIO who is Chief Medical Officer (CMO) Anantnag on 18.1.2014 which has been received by the PIO on 27.1.2014.
As there was no order issued within the stipulated period of time, the appellant filed first appeal before Director health services who is also the First Appellate Authority (FAA) on 20.3.2014. According to the records that FAA vide his order dated: 26.3.2014 had rejected the appeal on the plea that it did not pertain to him.
"The State Information Commission (SIC) has observed that the said officer has been discharging his duties as FAA under the Act casually without appreciating the basic requirements of the appellate authority. Under the scheme of the Act, even if appellant filed first appeal before an authority who was not FAA, the appeal should have been forwarded to the concerned appellate authority with an intimation to the appellant. Secondly, no appeal can be adjudicated without hearing the appellant and the PIO. By denying the hearing, the concerned officer has violated the principles of natural justice. It is seen that till this date the information which otherwise is givable has not been provided to the information seeker" reads the SIC order issued on July 1st 2014.
The PIO Dr Nazir Ahmad has informed the SIC during the hearing that that immediately after the receipt of this RTI application, he sought the assistance of Dr. Ghulam Mohammad Bhat, Block Medical Officer (BMO) Verinag who was in possession of the information sought by the RTI applicant. A communication was sent to the BMO on 28.1.2014. The BMO, under the provisions of section 5 of State RTI Act was under legal obligation to provide assistance to the PIO within five days so that the requisite information could be given to the information seeker. The PIO further informed the Commission (SIC) that a letter was sent through peon book and was served upon the BMO. A reminder was sent on 2.5.2014. PIO further informed the Commission that he again sent a wireless message to the BMO without any response from him till date.
The SIC's order further reads as :
"It is established that Dr. Ghulam Mohammad Bhat, BMO Verinag failed to give any assistance to the CMO-cum-PIO. Thus he has denied the assistance/ information. The Commission in accordance with section 7 read with section 17 of the State RTI Act declares him to be a deemed PIO who has failed to provide information within 30 days from the receipt of RTI application. This information assumes significance in view of the allegations of the information seeker that the said driver has been engaged in brazen violation of service rules. As the Commission has noted that this information is givable under section 7 of the State RTI Act, therefore, the same be furnished to the information seeker within three days from the pronouncement of this order i.e today.
Dr. Ghulam Mohammad Bhat, BMO Verinag, who has been declared as deemed PIO,is directed to explain why penalty under section 17 of the State RTI Act may not be imposed on him for failing to furnish information within stipulated period of time. It is also shocking to note that the CMO Anantnag who happens to be PIO is a senior officer he has failed to take any action under service rules against the BMO Verinag inspite of his brazen refusal to act on the directions of his immediate officer". |
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