Et Report
Jammu, Aug 23 : The State Information Commission (SIC) has sent a show cause notice for penalty to the Tehsildar Bishnah for unnecessarily Information to an RTI applicant from Jammu while the officer was posted as Tehsildar at Mahore district Reasi. As per details available with Early Times an RTI applicant Kabir Ahmed Malik (Advocate) a resident of Mohalla Ustad, Jammu moved an application dated 01-02-2013 under J&K RTI Act, 2009 before the PIO / Tehsildar, Mahore, seeking certain information.
The PIO (Tehsildar) did not provide information to the information seeker within the stipulated time of 30 days statutory . The information seeker preferred 1st appeal dated 01-04-2013 before the Deputy Commissioner Reasi who is also the First Appellate Authority (FAA) in this case . The perusal of the record shows that the 1st appeal of the appellant has not been adjudicated and disposed of till date. Thus, feeling aggrieved of inaction on the part of the PIO as well as the FAA, the appellant preferred 2nd appeal dated 04-06-2013 before the State Information Commission (SIC) . The Commission issued notice vide no. SIC/J/A/137/2013/ 2478 dated 13-06-2013 to the Tehsildar, Mahore to file counter reply to the Commission within 7 days from the receipt of the notice.
The Tehsildar, Mahore, however, did not comply with the direction of the Commission (SIC).
This case was listed through video conferencing on 19- 07-2013 at SIC office Jammu and both the parties failed to cause their presence before the Commission, matter was adjourned and listed for hearing on 05-08-2013. In compliance to the notice of the Commission, Iqbal Singh Tehsildar Mahore / Assistant PIO appeared before the Commission (SIC) , and apprised that the information was send to the information seeker on 01-08-2013 under registered cover and the delay was due to the fact that it remained pending in the office of SDM, Mahore. Tehsildar / APIO, Mahore. He according to details further informed the Commission that he recently took over as Tehsildar, Mahore and has identified his predecessor Mohammad Syed, Tehsildar, Mahore now posted as Tehsildar, Bishnah who was the PIO at the relevant time when the application was moved by the information seeker.
Iqbal Singh Tehsildar / APIO, Mahore also produced a postal receipt in support of his claim that the information has been dispatched to the information seeker. The SIC order passed by Dr S K Sharma State Information Commissioner in this particular case reads : "The perusal of the RTI application and documents available on record show that there is unreasonable delay on the part of the then PIO, Mahore i.e.
Mohd Syed now posted as Tehsildar, Bishnah in providing the information to the information seeker within the statutory period.
Mohd Syed the then Tehsildar, Mahore (now posted as Tehsildar, Bishnah) is hereby directed to show cause why penalty U/s 17 of the J&K RTI Act, 2009 shall not be imposed upon him for causing unreasonable delay in providing the information to the information seeker within two weeks from the date of receipt of this order.
The Registry is directed to endorse a copy of this order to Mohd Syed the then Tehsildar, Mahore (now posted as Tehsildar, Bishnah) for information and compliance"' |
