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| Works executed in Dachigam National Park: SIC issues penalty notice to Wildlife Warden | | | Early Times Report
Srinagar, Apr 23: The State Information Commission (SIC) has issued penalty show cause notice under section 17 of J&K RTI Act 2009 against a Wildlife Warden as he denied information under RTI Act to an information seeker who had sought some details about works executed by the Wildlife department in Dachigam National Park Srinagar. The commission has also issued a notice against Regional Wildlife Warden(RWW) who is the First Appellate Authority (FAA) under RTI Act. The RWW / FAA had not adjudicated the appeal filed by the information seeker.
Details available with Early Times reveal that one Farooq Ahmad Bhat R/O New Theed Harwan Srinagar filed Second appeal on 18.01.2016 against PIO/DFO Wild Life Warden Central Division Srinagar and FAA/Regional Wild Life Warden Kashmir. The appellant has submitted that an application dated 04.09.2015 and First Appeal dated 20.10.2015 and had sought was submitted information about work done estimates, bills, construction done by the contractors and department from Ending December, 2013 to ending March, 2015. He also sought number of works done and sought copies of estimate and bills of plantation undertaken by the department of Wildlife.
Farooq alleged before SIC that both PIO and FAA failed to provide the information. The appellant has accordingly preferred Second Appeal with the request that necessary information be provided to him and action as warranted under the Act may be taken against PIO and FAA. The appellant has filed RTI application dated 04.09.2015 addressed to PIO/DFO Wild Life Warden Dachigam National Park Srinagar.
In response to the notice of the State Information Commission (SIC) , PIO/DFO Wild Life WardenCentral Division Srinagar has filed reply dated 01.02.2016 submitting that he joined as Wild LifeWarden Central Division Srinagar on 25.01.2016 and the reply/information has been prepared and being provided to the applicant without further delay. Subsequently, Wild Life Warden Central Division Srinagar under letter dated 2.2.2016 addressed to appellant has enclosed information comprising of 39 pages. During proceedings in the Commission on 30.3.2016 , Tahir Shawl DFO/ Wild Life WardenCentral Division Srinagar produced copy of postal evidence under which the information has been sent to the appellant on 03.02.2016 through Indian Post. The DFO further informed that the appellant has not filed objections to the information provide by him.
SIC order dated 30.3.2016 reads as: "The appellant did not present himself before the Commission nor he has filed any objections in the Commission. From perusal of information sought by the appellant in his RTI application and information provided by PIO/Wild Life Warden Central Division Srinagar the Commission has noted that the details of information given in Second Appeal is not the same as has been requested by appellant in his RTI application. As per the provisions of the RTI Act, the PIO is required to provide information as sought in the RTI application only and not an other issues/queries raised thereafter. In the RTI application the appellant has sought information regarding works undertaken in Dachigam National Park from December 2014 till September 2015 and information regarding number of plantation works undertaken in the Park. The PIO has provided information to both in tabulated form indicating name of work, name of agency, amount paid to contractor/departmental works and related documents are enclosed. It is therefore held that information sought in RTI application has been provided."
The order further reads:"The Commission has noted that RTI application filed on 4.09.2015 has not been responded to within the period prescribed under the Act by the PIO. Further, FAA Regional Wild Life Warden Kashmir has neither filed reply to the notice of the Commission nor there is any evidence before the Commission that he has disposed of the First appeal received by his office on 20.01.2015. Mr Tahir Sahwal, DFO/Wild Life Warden Central Division Srinagar submitted he has joined recently and his predecessor was Mr. Imtiyaz Ahmad Lone, who at present is posted as Wild Life Warden Wet Lands. In view of the above, Shri Imtiyaz Ahmad Lone, presently posted as Wild Life Warden Wet Lands Srinagar is directed to explain his position as to why action as per provisions of Section 17 shall not be initiated against him for delay in disposing off the RTI application. Further, FAA/Regional Wild Life Warden Kashmir is directed to explain as to why action as per provisions fo the Act shall not be initiated for his failure to comply with the notice of the Commission dated 29.02.2016 and 08.03.2016, where under he was asked to file reply/counter statement and also to appear before the Commission. The explanation of FAA/PIO should reach the Commission within two weeks." |
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