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| SIC issues notice against Div Comm Jammu | | Failure to maintain records | | Early Times Report
JAMMU, Apr 1: As the office of the Divisional Commissioner Jammu has failed to maintain its official records which deprived an information seeker to get a copy of a judgment passed by him, the State Information Commission (SIC) has now directed the Divisional Commissioner Jammu through a notice for maintenance of its official record.
As per details available with Early Times one Sheikh Najeeb, Advocate J&K High Court, Jammu moved an application dated 16-06-2014 before the Public Information Officer in the office of Divisional Commissioner, Jammu under Jammu & Kashmir Right to Information Act, 2009 wherein he sought copy of decision/judgment passed by the Divisional Commissioner, Jammu in an appeal titled Karim Baksh V/s Deputy Commissioner, Udhampur and others in which the Divisional Commissioner, Jammu on 13-12-1994 had stayed the order of the Deputy Commissioner, Udhampur.
The Public Information Officer in the office of Divisional Commissioner, Jammu vide office letter no. 601/RA/RTI/24/563 dated 11-08-2014 informed the information seeker that as per report of Appeal Section of Divisional Commissioner, Jammu and Additional Commissioner, Jammu the said file is not forthcoming from the record of this office. Feeling aggrieved of the aforesaid order of the PIO, the appellant filed 1st appeal dated 20-08-2014 before the First Appellate Authority (FAA) ie Divisional Commissioner, Jammu and after that the appellant preferred 2nd appeal dated 23-12-2014 before the State Information Commission (SIC) .
After receiving the 2nd appeal , the matter was listed for hearing on 08-01-2015, 02-02-2015 and 20-03-2015 by SIC Jammu office . On these dates of hearing despite sufficient notice issued in advance from the office of the State Information Commission (SIC) , the appellant failed to cause his appearance before the Commission.
However, the PIO vide his counter statement no. 601/RA/RTI/1436-37 Dated 29-01-2015 has submitted that vide letter no. 601/RA/RTI/1417-20 Dated 21-01-2015 the Reader to Divisional Commissioner, Jammu and Reader to Additional Commissioner, Jammu were directed to trace out the record file and submit report. As per their report the record file titled Karim Baksh vs Dy. Commissioner, Udhampur was not traceable. In view of the counterstatement filed by the PIO, the information sought by the information seeker is not forthcoming from the office record and as such it cannot be made available to the information seeker.
"In the given circumstances, the Commission is only constrained to observe that the maintenance of the record in the office of Divisional Commissioner, Jammu needs proper scrutiny, maintenance and upkeep so that the information seekers may not suffer because of poor maintenance and upkeep of the old files/records etc. The Divisional Commissioner, Jammu is hereby directed to issue an advisory to all the concerned sections for maintenance and upkeep of the old files/records etc and apprise the Commission accordingly" reads the SIC order |
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