Early Times Report
Jammu, Dec 20 : The chief information commissioner (CIC) has issued a penalty notice against Block Development Officer (BDO), Bhaderwah, following his failure to provide information under RTI Act to a Dheraja resident.
Nazir Hussain Khan of Dheraja filed 2nd appeal under section 16 of the J&K RTI Act, 2009 before the state information commission on October 12, 2015, stating therein that he had filed an RTI application on June 25, 2015 before the PIO/BDO, Bhaderwah, which was received in his office on June 27, 2015. The applicant had sought information about the works executed by the BDO office, Bhaderwah, in ward No 1 & 2 of Dheraja panchayat. He sought details of job card holders and list of the households benefited by the works of different nature (NREGA, etc)
The PIO under section 7 of the RTI Act, 2009 was required to pass an order, as expeditiously as possible, but not later than 30 days but he failed to do so, forcing the appellant to file first appeal before the Director, Rural Development Department, Jammu (FAA) on August 13, 2015. The 1st appeal was disposed of by FAA vide his order No DRDJ/RTI-118/2015/30020-25 of September 15, 2015 after hearing the appellant with a direction to the PIO to provide the information within seven days. However, no information was given to the information seeker till the date of filing of 2nd appeal before SIC.
CICs decision reads as:
"PIO-cum-BDO, Bhaderwah, Tahir Qayoom Malik is directed to explain why penalty under section 17 of the Jammu & Kashmir Right to Information Act, 2009 may not be imposed on him for failing to give the response to the information seeker. His reply, if any, must reach this Commission within 15 daysfrom the date of receipt of this order. Meanwhile, the information be given to the information seekerwithin 03 days from the date of receipt of this order. The appellant should communicate the compliance of this order to the Commission. Information seeker Sh. Nazir Hussain Khan is also advised to let this Commission know what has been the use of information received by him after invoking his right to information for the last 04 years. This direction is given in accordance with the preamble of Jammu & Kashmir Right to Information Act, 2009. With these observations the 2nd appeal is disposed of." |
