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SIC issues penalty notice to XEn PHE Kupwara
11/25/2015 12:23:04 AM
Early Times Report

Srinagar, Nov 24: The State Information Commission (SIC) has issued a penalty notice against Executive Engineer (Xen) PHE division Kupwara as he failed to provide details under RTI to an information seeker about an employee who works under his jurisdiction.
Details available with Early Times reveal that the SIC received a complaint on 31.08.2015 against PIO PHE Division Kupwara (Xen). The complainant submitted before the commission that his RTI application dated 01.07.2015 to Executive Engineer/PIO PHE Division Kupwara was not answered. He has therefore filed a complaint before the Commission so that the PIO is penalized and disciplinary action is taken against the erring PIO.
The appellant had sought copies of appointment Order, Qualification Certificate, DOB Certificate, Service Book and the time of Service in Pump Shed Gundisana of one Ghulam Mohammad Payer S/o Mohammad Ahsan Payer R/o Hyhama Gundisana working presently at Pump Shed Gundisana.
During the proceedings on 21.10.2015, SIC noted that the reply filed by the PIO in the Commission on 20.10.2015 do not indicated that RTI application has been disposed by him. Accordingly, PIO/XEn PHE Division Kupwara was directed to appear before the Commission on the next date of hearing along with evidence of disposal of RTI application.
Ghulam Nabi Dar, Xen PHE Division Kupwara the designated PIO produced copy of reply dated 21.10.2015, where under the complainant Manzoor Ahmad Payer had been informed that the person in respect of whom the information has been sought, does not figure on the Establishment of PHE Division Kupwara. Thereafter, he has again send the same information to the complainant through registered post on 31.10.2015.
SIC order reads: "In view of the above, it is held that RTI application has been disposed of. The complainant may file appeal as per Section 16 of the Act if he is not satisfied with the information. It is further noted that RTI applied filed before PIO/XEn PHE Division Kupwara on 01.07.2015 has not been responded to within the period prescribed under the Act. As per evidence brought on record, the RTI has been responded to on 21.10.2015."
The order further reads: "PIO/Xen is directed to explain as to why penalty as per provisions of the Act shall not imposed against him for delay.
His explanation, if any, shall reach the Commission within two weeks. With the above directions, the complaint filed before the Commission is disposed of."
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