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SIC notice to 3 BDOs over 'denial' of info under RTI
8/27/2016 11:04:02 PM
Early Times Report

Jammu, Aug 27: The state information commission (SIC) has issued show cause notice to three block development officers (BDOs) of Reasi for their alleged refusal to share copies of bills and other details related to works executed in three rural development blocks of the district.
Details available with Early Times reveal that an RTI activist of Channi Himmat filed the second appeal against the First Appellant Authority (FAA), Rural Engineering Wing (REW), Jammu, and PIO, REW, Reasi, stating therein an application filed by him under the J&K RTI Act before the PIO, REW (Reasi) on October 19, 2015, was returned in original by the PIO, claiming that he was not appointed as PIO by the department.
The appellant then informed the PIO of REW, Reasi, vide his November 21, 2015 letter that the director rural development, Jammu, vide his order No 644-RDD of August 3, 2015 has designated all executive engineers (Xens) of REW of 10 districts of Jammu as PIOs in pursuance of section 5(1) of the J&K RTI Act, 2009. Thereafter, Reasi's REW Xen (PIO) vide his December 2, 2015 letter provided some information to point No 1 and 2 and then forwarded the application to BDOs of Mahore, Gulabgarh and Chasana with the request to provide the rest of information to points 3 and 4 of the application. After the BDOs allegedly failed to provide the requisite information, the appellant preferred an appeal before the REW FAA, Jammu, on January 11, 2016. The FAA, vide his February 12, 2016, directed the Reasi PIO to furnish the information directly to the appellant under intimation to his office.
However, despite the FAA's direction, PIOs have failed to provide information till date.
During proceedings on June 6, 2016, the commission observed as under:
"FAA has filed reply on May 16, 2016, submitting that he has passed order on the first appeal. He said the REW PIO, Reasi, has provided information pertaining to his office vide his December 2, 2015 letter to the satisfaction of the appellant. Accordingly, FAA disposed off the appeal, directing the BDOs of Mahore, Gulabgrah and Chasana to provide information pertaining to their office to the appellant as per the provision of RTI Act. He marked a copy of the order to RDD director, Jammu, ACD, Reasi, and the concerned BDO s to provide information to the appellant with a copy of the order." The REW PIO, Reasi, vide his December 2, 2015 letter requested the three BDOs to provide information to point 3 and 4 of the application to the appellant directly under intimation to his office. Subsequently he gave reminders to the BDOs on May 9, 2016 in reference to the May 4, 2016 SIC notice and asked the BDOs to attend his office on May 12, 2016 along with complete information and reasons for not providing information to the appellant. Chasana BDO Rajesh Padha, Mahore BDO Mohammad Iqbal and Gulabgarh BDO Subash Chander were heard by by Information Commissioner Nazir Ahmad. Padha submitted that information had been provided to the appellant vide his May 26, 2016 letter, wherein 96 bills comprising of 131 pages had been sent to the appellant through the registered post.
Iqbal submitted that information had been provided to the appellant vide his July 12, 2016 letter with a copy to the commission. Chander submitted that he had sent information to the appellant vide his June 17, 2016 letter. The appellant did not attend the hearing at Jammu office, although he was informed to attend the hearing vide a notice on August 3, 2016.
Disposed of the appeal, the commission directed the three BDOs to explain the reason for delay in providing information to the appellant and as to why penalty proceedings under Section 17 of the Act be not be initiated against them.
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