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In bid to defer reply CAPD forwards RTI application to pvt gas agency 7/29/2014 12:13:27 AM Early Times Report Jammu, July 28 : In order to deter a direct reply and harass the information seeker, the department of Consumer Affairs & Public Distribution (CAPD) has forwarded an application filed under RTI Act to a private gas agency, in utter violation of the State RTI Act as private organisations do not come under purview of J&K RTI Act 2009 . The aggrieved RTI applicant has filed a complaint before the State Information Commission (SIC) at Jammu , which has now directed the Director CAPD to dispose off this case. As per details, one Romesh Zutshi, S/O J.L.Zutshi, R/O Gandhi Nagar, Jammu moved an application dated 24.02.2014 before the PIO of State Information Commission, Wazarat Road, Jammu under Jammu & Kashmir Right to Information Act, 2009 where-under he sought certain information about Ritu Gas Agency, LPG Distributor, Hindustan Petroleum Corporation Limited, Bari Brahamna, Jammu. The PIO/State Information Commission transferred the application of the information seeker under section 6 (3) of J&K Right to Information Act, 2009 to the PIO, O/o the CA&PD Department Samba vide office No.SIC/PIO/13/2014/19-20 dated 28.02.2014 with the request to provide the requisite information to the applicant within the stipulated time under the J&K Right to Information Act, 2009. The PIO cum Assistant. Director, CAPD, Samba could have collected this information from the requisite gas agency , but just to ensure further delay , he transferred the application to Tehsil Supply Officer (TSO) , CAPD, Vijaypur who had nothing to do with this case. The complainant has alleged inter-alia that the PIO/ Assistant Director, CA&PD, Samba has failed to provide the requisite information sought by the applicant within the prescribed period. The First Appellate Authority (FAA) Director, CAPD, Jammu vide office No.RTI/CS/2nd appeal/441 dated 14.07.2014 has submitted that on receipt of notice from State Information Commission, the record was perused and it came to fore that no appeal has been received by the Director from the complainant in the capacity of First Appellate Authority, CAPD, Jammu. "Had it been received the same could have been disposed of within statutory period of time as per J&K Right to Information Act, 2009" reads the CAPD's letter send to SIC Jammu. "After going through the records and documents it shows that the complainant approached the Commission directly without availing the right to first appeal which is a statutory right guaranteed to information seeker and as such it is also a statutory obligation of the information seeker to approach the First Appellate Authority before approaching the Commission. In view of the aforesaid facts and observations, the matter is remanded to the First Appellate Authority/Director, CA&PD, Jammu with the direction to dispose it of under rules after affording an opportunity of being heard to the complainant within two weeks from the receipt of this order under an intimation to the Commission. The complaint is accordingly disposed of" reads the SIC order.   Share This News with Your Friends on Social Network     Comment on this Story

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