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Works executed by Tourism deptt Kashmir: SIC directs for inspection of records
5/22/2016 12:29:23 AM
Early Times Report

Srinagar, May 21: As the Public Information Officer (PIO) of Directorate of Tourism Kashmir failed to provide information about works executed under civil and electrical categories on the pretext that information is much voluminous , the State Information Commission (SIC) has now directed the PIO to allow information seeker to undertake inspection of all the documents pertaining to these works.
Details available with Early Times reveal that one Ashiq Rafiq Khan R/O Bagat ,Barzulla Srinagar sought information from PIO Directorate Tourism vide application dated 09.11.2015 on format which was acknowledged by the PIO vide receipt dated 09.11.2015. As no information was provided within time, Khan preferred First Appeal before the First Appellate Authority (FAA) i.e. Director Tourism Kashmir. After the expiry of period of 30 days prescribed under the Act, appellant received a letter 19.12.2015 asking him to deposit a fee of Rs 360/- in the Government Chest, which the appellant deposited to avoid any controversy. However, the appellant was asked to deposit Rs 372/- instead of Rs 360/-. That after a delay of around 15 days appellant was provided 80 pages of information which too was insufficient, incomplete, misleading and incomplete vis-à-vis the information sought.
The FAA (Director Tourism Kashmir) passed order dated 04.02.2016 which is alleged as abuse of power by appellant as the information sought by him has still not been provided. In view of this , the appellant prayed that order of the FAA dated 04.02.2016 be set aside and direct authorities to provide all documents as per details given and clarifications made. He has further requested the Commission to invoke penal action as per the provisions of law. As per RTI application dated 09.11.2015, appellant has sought information on 9 points related to civil and electric works executed by the Tourism Department in Kashmir Valley and Ladakh Province during the financial year's 2013-14, 2014-2015, for the current financial year 205- 2016and documents related thereto.
During proceedings in the Commission on 18.04.2016, the information provided by the PIO was perused vis-à-vis the information sought. After hearing the parties, following directions was issued by the State Information Commission (SIC):
"Appellant shall inform PIO deficiencies in information provided by PIO Vis-à-vis information sought by him at Para (vi) and (vii) within one week and PIO shall give response to him within 10 days thereafter. PIO is further directed to file reply/counter statement with copy to the appellant."
During proceedings in the commission appellant submitted a representation stating therein that he has already compiled his part of direction by supplying written communication of deficient information through post within requisite period of six days to respondent, however respondents according to appellant failed to furnish the information required. He further said that the advance copy of counter reply to appeal has not been supplied to him by the respondents (Directorate of Tourism). Appellant Ashiq Rafiq Khan requested the Commission to impose penalty on the respondents (PIO Directorate of Tourism Kashmir) in the larger interest of justice and direct him to compensate the appellant.
In compliance to the directions passed on 18.04.2016, PIO Directorate of Tourism Kashmir filed a reply dated 29.04.2016 with copy to appellant AshiqRafiq Khan enclosing point wise reply, wherein details of information already provided and information ready for providing was given. During proceedings on 7.5.2016 appellant pointed out that information in respect of Direct Agreements have been provided only up to October 2015 and information sought vis a vis Supplementary agreements have been provided up to November 2015. Appellant further submitted that information for the remaining period up to ending March, 2016 has not been provided. In this connection, PIO has informed appellant vide letter dated 29.04.2016 that pending information sought is voluminous and it is not possible for them to provide the same within ten days. He accordingly requested the appellant to visit the of Office M&W Wing of the Directorate of Tourism Kashmir on 10.05.2016 for collection of the said information.
SIC order dated 7.5.2016 reads as:
"The Commission has observed that the information already provided as produced before the Commission runs into hundreds of pages. It is therefore evident that information sought is voluminous. Accordingly, the Commission directs PIO to allow appellant inspection of records in respect of Point VI and VII of the RTI application for the remaining period and allow him to taken relevant extracts. PIO submitted that they will allow inspection of records on 10th of May 2016 as already communicated to the appellant. A Compliance report in this regard be submitted to the Commission. As regards allegation of delay, the RTI application dated 19.11.2015 has been responded to on 19.12.2015 asking appellant to deposit prescribed, which appellant has deposited. Therefore, application has been responded to within time prescribed under Section -7 of the Act. The Appeal is disposed of with the above directions".
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