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| SIC shoots yet another penalty show cause notice | | PIO HC continues to violate RTI Act | | Early Times Report
Jammu, Dec 19: The Registrar Judicial who happens to be the Public Information Officer (PIO) of Jammu & Kashmir High Court at Srinagar has once again been caught on the wrong foot by State Information Commission (SIC) as he continues to violate the J&K Right to Information Act 2009. The SIC has once again shot a penalty show cause notice to the PIO directing him to explain why the penalty proceedings may not be initiated against him under section 17 of J&K RTI Act 2009.
As per details available with Early Times a second appeal was filed by one J L Koul before the State Information Commission (SIC) against the inaction of First Appellate Authority (FAA) and PIO of J&K High Court Srinagar to adjudicate his appeal and dispose of his RTI application. The PIO and FAA inspite of being served notices on them have not attended Commission office neither any written communication has been received in the Commission on their behalf.
The appellant attended the Commission in person during the case hearing on December 8, 2014 and submitted before the Commission that he filed an RTI application dated: 7.5.2014 but he did not receive any reply from the PIO till date. Being aggrieved by the inaction of PIO, appellant filed first appeal before the Registrar General of J&K High Court who is also the First Appellate Authority (FAA) of J&K High Court on 7.7.2014.
"In accordance with Section 16 of the State RTI Act, 2009 FAA was under legal obligation to adjudicate the appeal of the appellant within maximum period of 45 days which as per the records available in the Commission has not been done" SIC order reads
SIC order no: SIC/CO/SA//2014/697 dated 8.12.2014 reads as :
"The Commission has observed in a number of cases that the FAA of the
Hon'ble J&K High Court has failed to discharge his legal duties cast on him under Section 16 of the State RTI Act, 2009. Thus, Commission is constrained to observe that scant respect is being shown to the law of the land i.e State RTI Act, 2009 by the senior authorities of Hon'ble J&K High Court, an institution which should have been a beacon of justice . Under Section 7 of the State RTI Act, the appellant's RTI application was to be disposed of as expeditiously as possible but not later than 30 days from the date of receipt of said application. The PIO is obliged to either provide the information or deny the same if under law denial of information is justified. However, as usual the PIO has failed to pass an order under Section 7 of the State RTI Act, 2009. The Commission is, therefore, directing the PIO to pass an order under Section 7 disposing of the RTI application of the appellant. It seems that PIO of J&K High Court Srinagar is in receipt of RTI application of the appellant as is evident from his letter to M/s R.A Jan and Advocates under No: 20221 dated: 24.7.2014, a copy of which has been produced by the appellant before this Commission"
The order further reads as:
"The PIO Aijaz Ahmad Mir, Registrar Judicial attracts the provisions of Section 17 of the State RTI Act. He is, therefore, provided an opportunity to explain why action as provided under Section 17 of the State RTI Act, 2009 may not be taken. His reply, if any, must reach this Commission within 20 days from the receipt of this order". |
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