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news details
SIC drops penalty proceedings against retiring Tehsildar
3/17/2019 10:53:52 PM
Early Times Report
Srinagar, Mar 17: After seeking an apology from State Information Commission (SIC) for remaining absent during several hearings before the Commission , a Tehsildar who is retiring after a few months was finally pardoned by Information Commissioner on humanitarian grounds and the penalty proceedings against him were dropped.
Details available with Early Times reveal that an appeal was disposed off by State Information Commission in July last year titled Ashiq Hussain Wani versus FAA/SDM, Srinagar and PIO/Tehsildar Eidgah, Srinagar. While disposing of appeal No.SIC/K/SA/58/2018 SIC vide its Order dated 06.07.2018 had directed the registry of the Commission to issue a show cause notice upon Syed Qawam-udDin, the then PIO/ Tehsildar Eidgah, Srinagar presently Tehsildar Aripal Tral directing him to show cause as to why penalties as envisaged under Section-17 shall not be imposed upon him for having failed to furnishing information to the then appellant within the specified period and for causing a delay of almost seven months in furnishing reply to the then appellant.
The penalty proceedings came up for hearing before SIC on 28.11.2018. Though the then PIO/Tehsildar Eidgah, Srinagar Syed Qawam-ud-Din, now Tehsildar Aripal District Pulwama had sought 15 days time on 11.10.2018 for replying the show cause notice served upon him by the Commission, but no reply was filed by him even after the expiry of more than 1 ½ months from the date he received the show cause notice. He even did not bother to attend the hearing for explaining the delay in furnishing information to the then appellant Ashiq Hussain Wani.
While issuing final order, the erring officer was given 15 days for the said purpose, failing which, penalties as envisaged under Section-17 under J&K RTI Act was be imposed upon him. The then PIO was also directed to appear before the Commission on the next date of hearing in the penalty proceedings for explaining his position, if he so chooses.
The penalty proceedings again came up for hearing before the Commission on 27-02-2019. The then Tehsildar Eidgah (now Tehsildar Aripal Tral Pulwama) Syed Qawam-ud-din filed his written explanation wherein he has submitted that the delay in providing information to the appellant was neither intentional nor deliberate. He regretted the delay for his default and accordingly urged the Commission to pardon him for delaying the information.
SIC in its ruled, "Since the officer is retiring very shortly, the Commission feels that imposition of any penalty against him at this stage would visit harshly to the retiring officer. He has regretted the delay and urged the Commission to pardon him. In view of the regret expressed by the then PIO, the Commission accepts the explanation and taking a lenient view, directs that the penalty proceedings against the said officer be dropped with a stern warning to remain careful while dealing with RTI applications till at least he is in active service. "
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