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| SIC issues show cause notice to BDO Kulgam | | Sarpanch v/s BDO | |
Early Times Report
Jammu, Feb 23: Infighting in the Panchayat Raj came to fore when a Sarpanch was denied information under RTI Act by the Rural Development Department, Kulgam. The Sarpanch knocked the doors of State Information Commission (SIC) Srinagar and the SIC issued a show cause notice to the BDO asking him why penalty should not be imposed on him? According to details the State Information Commission vide its order No: SIC/K/Comp/173/2012/01 dated Jan 1, 2013 has directed the BDO to explain why the penalty / criminal proceedings could not be initiated against him. According to details the Sarpanch of village Shurath district Kulgam, Mubarak Ahmad had approached the Information Commission.
The SIC order reads that the Commission received a complaint on 14.11.2012 from Mubarak Ahmad, Elected Sarpanch, Panchayat Halqa Shurath against Block Development Officer, Kulgam stating that he applied to PIO Kulgam seeking certain information under RTI Act. PIO District Kulgam directed BDO Kulgam to provide the requisite information but no information was provided by the BDO concerned. In view of the above he has requested the Commission to direct the concerned to compensate him and moreover the concerned BDO be dealt with iron hands as he has openly challenged the RTI Act. The records enclosed with the complaint reveal that RTI application was addressed to Public Information Officer, District Kulgam seeking certain information. This application was transferred by PIO ADDC Kulgam to BDO Kulgam vide letter dated 15.09.2011 enclosing Form 'A' (see rule (3)) of Right to Information Act submitted by Mubarak Ahmad stating that contents of which are self explanatory, requisite fee stands deposited by the applicant in District Treasury Kulgam under T.R. No. 20 dated 15.09.2011 and has directed the BDO to furnish the requisite information within three days.
The details available reveal that the RTI application was transferred properly by Additional District Dev Commissioner (ADDC) Kulgam as provided under section 6 (3) of the J&K RTI Act, 2009 and hence BDO Kulgam was the deemed PIO for disposal of this RTI application. Subsequently PIO of DC office Kulgam (ADDC) had informed BDO Kulgam vide letter dated 10.10.2011 in reference to earlier letter dated 15.09.2011 under which the RTI application was transferred stating that Sarpanch Halqa Shurath approached his office that he has not been provided the requisite information under RTI in respect of village Shurath when he has applied for the same last month. PIO (ADDC Kulgam) had desired the BDO to furnish the information within two days to the concerned otherwise there were apprehensions that he would approach the higher authorities where he cannot justify his position for not furnishing the desired information to him well in time.
In reply to the notice of the Commission, BDO Kulgam vide letter 31.12.2012 has submitted that information has been provided to the information seeker on 19.12.2012 against proper receipt. It is, therefore, obvious that there has been abnormal delay in disposing of the RTI application beyond period stipulated under section 7 of the J&K RTI Act, 2009. Although notice for appearance was issued to the BDO Kulgam by the State Information Commission yet he neither attended the hearing in the Commission nor sought any exemption from appearance.
The Information Commission Nazir Ahmad while passing the order in this regard further reads "In view of above Registry shall issue show cause notice to BDO Kulgam under section 17 of the Act as to why penalty shall not be imposed on him for delay in disposing the RTI application. BDO be further asked to explain as to why proceedings u/s 32 CPC Samvat-1977 shall not be initiated against him for non-appearance in the Commission without seeking exemption." |
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