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| "File is with the Minister!" | | PIO RDD denies information under RTI | | CIC asks to file affidavit, iIssues show cause notice
ET Plus Report
JAMMU, Mar 4: State Information Commission has issued notice to the PIO of the Rural Development Deptt who denied information sought under RTI by an employee of the same department.
Sources in the department allege that the PIO has been caught between the devil and the deep sea as the information sought by the information seeker could expose a big scam in the Rural Development Department headed by Ali Mohammad Sagar.
As per details, a 2nd Appeal was filed by Showkat Hussain Bhat before the State Information Commission on 24-01-2013 pleading that the information he sought was denied. The order passed by the Chief Information Commissioner (CIC) GR Sufi on 6.2.2013 reads as:
"That the appellant filed RTI application before the PIO on 18-10-2012 seeking certain information as listed in his RTI application. The order was to be passed by PIO within 30 days i.e 17-11-2012. As the order has been passed beyond the stipulated time, therefore, penalty proceedings under section 17 of the State RTI Act are initiated and PIO Bashir Ahmad Bhat is directed to explain the reasons for not being penalized. The reasons if any must reach to this Commission within 30 days from the receipt of this order. The PIO has passed an order on 27-12-2012 intimating the information seeker that relevant file was not readily available with him as the same was in possession of Hon'ble Minister. However, no reference with regard to file on transit to Hon'ble Minister was mentioned.
The appellant not being satisfied with the reply of the PIO filed 1st Appeal before the Special Secretary to Government, Rural Development and Panchayati Raj Department-cum-FAA which was received in the office of FAA on 17-12-2012. The FAA should have passed an order within maximum period of 45 days i.e 03-02-2013. It is brought to the notice of the Commission that the learned FAA has disposed of the appeal on 29-01-2013 i.e the date when 2nd Appeal was already submitted before this Commission and this Commission had also issued notice for appearance. The FAA being senior most Government functionary and designated FAA is expected to discharge his duties for adjudication of appeal within time allowed under law."
As per sources the PIO has also not passed order which could be treated legally complete because appellant has not been informed about his right of appeal as provided under Section 7(8) of the State RTI Act. The appellant submitted before the Information Commission that information provided is incomplete and incorrect as he wanted noting in the file of Shaneena Rasool and also approval of the case of said person and sending the same to the Finance Department. He also wanted name and designation of the authority who had given approval and under whose signature case was referred to the Finance Department.
When contacted RTI applicant Showkat Hussain Bhat denied to share details indicating that he was under tremendous pressure being the employee of the same department.
CIC GR Sufi in his order said that the information is givable under the Act. The PIO is now taking a plea that this information is not traceable but nowhere reasons have been given for misplacing of such important file and similarly nowhere it has been mentioned who is responsible for misplacing the file and what action was taken against the responsible persons. |
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