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CIC shoots penalty notice to Tehsildar Mahore
2/1/2016 12:08:13 AM
Early Times Report

Jammu, Jan 31 : The State Chief Information Commissioner (CIC) has shot a penalty notice to Teshildar Mahore in Reasi district as he failed to provide information under RTI Act to an information seeker. The SDM has also been warned of departmental action by the CIC as he didn't adjudicate the 1st appeal as per provisions of State RTI Act. Details available with Early Times reveal that one Mohammad Ayub Ayan, a resident of Mahore district Reasi had filed an RTI application before PIO-cum-Tehsildar, Mahore which was not provided to him despite filing consequent appeals. The Commission lead by State Chief Information Commissioner (CIC) G R Sufi heard PIO and FAA at Commission's Jammu office on Jan 27th . It was admitted by the PIO in open court that he didn't pass the order within 30 days time as the information asked was very voluminous and bulky to compile, but later on he responded to the RTI application. The PIO further informed the Commission that information was dispatched to the appellant vide office No: - Tehsildar-Mahore/114/OQ dated: 25.01.2016. SIC in its order ruled, "As nothing has been brought before this Commission by the appellant that he has not received the communication of the PIO and the appellant who is a frequent user of RTI Act since its inception in J&K State preferred to remain absent inspite of advance notice, therefore, there is no direction for sending second set of information to the information seeker. The Commission has found that the response by the PIO has been made only when the appellant approached this Commission with his 2nd appeal. Therefore, Chand Singh, PIO-cum-Tehsildar, Mahore is further 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 response to the information seeker strictly in accordance with the provisions of J&K Right to Information Act, 2009. His reply, if any, must reach this Commission within 15 days from the date of receipt of this order. The FAA (SDM) under section 16 of the Jammu & Kashmir Right to Information Act, 2009 was under legal obligation to adjudicate the appeal according to the provisions of J&K RTI Act, 2009 within the time laid down in the Act, which he has failed. The FAA-cum-SDM, Mahore is a public authority and is reminded that adjudicating the appeal under RTI Act is a public duty cast on him and refusal or failure to perform such public duty in future may be reported to the concerned competent authority for taking necessary action”.
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