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| SIC's issues penalty notice against SICOP Project Engineer | | | Early Times Report
Jammu, Nov 21: The State Information Commission (SIC) has issued a penalty notice against Project Engineer State Industries Corporation (SICOP), for violating state Right to Information Act (RTI) by not providing the information within stipulated time.
As per details available one Salam Matoo a resident of Matoo Mohalla Sanat Nagar Srinagar invited attention of the State Information Commission (SIC) that on 31.03.2014 he requested Project Engineer SICOP Srinagar to provide the information regarding " providing, fixing and launching of steel Super-structure of Fatehpora bridge at Ganderbal. . Information seeker submitted that as per provisions of RTI Act , the said information should have been provided to him within one month from date of submission of application, but despite lapse of 1 month and 21 days said information was not provided by the project Engineer SICOP.
The complainant accordingly requested SIC that necessary action under law be taken against the defaulter. As per application enclosed with the complaint filed by Gulzar Ahmad Matoo had sought information under RTI Act from Project Engineer SICOP Kashmir Srinagar on 6 points regarding providing, fixing and launching of steel super-structure of Fatehpora bridge at Ganderbal. As per receipt of SICOP the said application was received on 02.06.2014. In response to the notice of the (SIC), dated 28.07.2014, Project Engineer SICOP Kashmir in his reply/counter statement dated 05.08.2014 submitted that the communication of the Commission was received by him on 01.08.2014 and there was no intentional delay to provide information to the information seeker.
" As per Section (7) of the J&K RTI Act 2009 , the PIO or any officer to whom the application is made shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request either provide information or reject the request for any of the reasons specified. In the instant case RTI application has been received by SICOP Srinagar under Receipt No. 840 dated 02.06.2014.
Therefore, as per provisions of Section 7 of the Act, PIO is under obligation to respond to the request by or before 02.07.2014. Project Engineer SICOP has responded on 05.08.2014 by way of reply/counter statement only on receipt of the notice of the Commission. It is also noted that the RTI application has not been disposed of in the manner prescribed under the Act, which provides that PIO has to address response to the information seeker. It therefore, appears that Project Engineer SICOP Kashmir is ignorant about the provisions of the RTI Act which has come into force w.e.f. March 2009. As regards filing of Ist Appeal, an information seeker can file a complaint under Section 15 of the Act to the Commission, who has not been given a response to a request for information within the time limit specified under the Act. Therefore, filing a complaint before the Commission is in accordance with provisions of Section 15 of the Act" reads SIC order dated 11.11.2014
The order further reads as:
" From the evidence brought on record, prima-facie that there has been delay in responding to the RTI application and therefore, Sh. V.K. Aima, Project Engineer SICOP Kashmir is liable for action under Section 17 of the Act. Now before penalty under this provision is imposed against Project Engineer SICOP, he is directed to explain as to why penalty under the provisions of Section 17 shall not be imposed for delay in providing information beyond the period stipulated under the Act. Registry shall send copy of this order to Managing Director SICOP for delivery to the Project Engineer SICOP Kashmir. His explanation, if any, should reach the Commission within 2 weeks from the date of receipt of this order". |
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