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| SIC to VO: Provide info under RTI once investigation is complete | | Jagti township construction scam? | | Early Times Report
Jammu, Feb 3: While hearing a second appeal related to information about the alleged Jagti township construction scam being investigated by State Vigilance Organisation (SVO), the State Information Commission (SIC) has directed the investigating agency to reveal all the information under RTI once the final investigation report is submitted before the competent court.
Details available with Early Times reveal that a 2nd appeal was filed by one AjatJamwal against Public Information Officer (PIO) and First Appellate Authority (FAA) of SVO for not providing information to him. R.K.Chalotra, SSP Vigilance Organization, Jammu, Gulshan Ahmad Kaloo, Deputy Director Prosecution (DDP) -cum- PIO, Vigilance Organization, J&K and the appellant along with his counsel attended the hearing at State Information Commission (SIC) office in Jammu on January 20 last.
The facts of the case are that the appellant filed an RTI application before PIO, State Vigilance Organization, J&K on September 13, 2014 which was sent through post claimed to be received by PIO on 08-10-2014 wherein following information was sought :
1. Status Report of Vigilance Organization inquiry in Jagti Township constructed for Kashmiri Migrants, case with Comments of SSP Vigilance Department.
2. What action has been taken against the accused in the case and whether charge sheet has been filed in the Court of Law. If not, why?
3. Whether it is a fact that then Lake and Water Ways Authority Chairman WajahatHabibullah was dropped from the FIR in famous LAWDA case and not charge sheeted, if yes, what was the reason for dropping his name from the FIR.
4. Provide copy of the FIR and chargesheet in LAWDA case. Status Report.
The PIO passed an order on 30-10-2014, within time as prescribed under the Act. With regard to information listed in point 1 & 2 of the RTI application, information seeker was informed by the PIO that a Case FIR NO. 03/2012 P/S VOJ was registered in the matter and has been concluded as not proved. However, the final report has not been yet submitted before the Hon'ble Trial Court. Similarly, information on points 3-4 was also given. Not being satisfied of the order of PIO, appellant preferred first appeal before First Appellatant Authority (FAA) , J&K Vigilance Organization on 16-10-2014, claimed to be been received by the office of FAA on 27-10-2014. The FAA held that appeal was premature and hence disposed of the appeal without any direction to the PIO for providing information. The appellant stated before the Commission (SIC) that as RTI application was filed on 13-09-2014 and till 16-10-2014, there was no response received from the PIO, therefore, the appeal filed before FAA was not premature because he filed appeal immediately after expiry of 30 days of period within which the PIO had to respond his RTI application. Secondly, the FAA has dismissed appeal of the appellant without hearing the appellant. Therefore, appellant submitted before the Commission to pass direction for providing of information to him.
SIC order reads as: The Commission has gone through the facts of the case and the record produced during the course of hearing. The FAA should have heard the appellant before disposing of the appeal. The FAA submitted that first appeal was not maintainable, however, Commission does not find any legal merit in their argument. The Commission has gone through the relevant records and has found that PIO has given information in respect of point d,e& f contained in the RTI application. However, with regard to information sought at point b & c of RTI application, the reply of the PIO is partially given. Only the information that final report in the matter of this high profile case pertaining to construction of Jagti Township for the Migrants is not complete is sustained.
Order further reads as: "The entire record was produced before the Commission for Commission's satisfaction and Commission found that final report had not actually been submitted to the Trial Court. Hence, PIO has rightly not yet provided information to the information seeker because information is yet incomplete. Thus PIO's submission with regard to incompleteness of the final report is upheld. Having in view this legal requirement and having found by the Commission that the officers who were connected with the investigation process like Investigating Officer and SSP, Vigilance, Jammu have by and large gone with the investigation process in reasonable time, the Commission found that there is now not much left in filing final report before the Competent Court. The Commission was assured by the FAA and PIO during the hearing that final report will be submitted to the Hon'ble Court within 30 days. The Commission therefore directs that once the report is submitted before the Competent Court and court accepts the same, the information be disclosed within a weeks' time because by submitting the report to the Competent Court, the report becomes public and there is no justification to take further time by PIO" |
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