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Non receipt of RTI application by CAPD Samba
SIC directs PIO to file an affidavit
8/30/2013 10:49:51 PM
Early Times Report

Jammu, Aug 30: The State Information Commission (SIC) has directed the Public Information Officer (PIO) of Consumer Affairs & Public Distribution Department (CAPD) Samba to file an affidavit in support of his version before the SIC wherein he said that his office didn't receive an application under RTI from an applicant seeking details about issuance of a ration card to a person who as per sources is not entitled to it. As per details available one Kovid Khosla, Advocate, J&K High Court Jammu, moved an application under State RTI Act 2009 dated 16-03-2013 under the J&K before the PIO in the office of Dy. Director CAPD Samba seeking the following information:-
(A) Documents on the basis of which ration book No.429472 (Reg
no.222) has been issued in favour of Tarsem Kumar S/o Thoru Ram R/o Malani Tehsil and District Samba.
The PIO submitted in his counter reply filed before the Commission that the application dated 16-03-2013 was addressed to O/o Deputy Director, CAPD Samba, which does not exist at Samba and as such no application was received by the office of Assistant Director, CAPD, Samba. The PIO further submitted that after receipt of application through First Appellate Authority (FAA ) under endorsement No:169/RTI/G/Appeal-12/2018-19 dated 11-05-2013 the same was forwarded to Tehsil Supply Officer (APIO), CAPD, Samba vide office letter No: ADCAPD/S/2013-14/123 dated 14-05-2013 who in turn furnished the reply under endorsement No.TSO/S/2013-14/982 dated 16-05-2013. After receipt of reply from the Tehsil Supply Officer (TSO) CA PD Samba who is also Assistant PIO CAPD Samba ( APIO) the requisite information was furnished to the information seeker vide office letter No:ADCAPD/s/2013-14/133-34 dated 17-05-2013 by ordinary post.
However, during the course of proceedings at SIC, the information seeker denied the receipt of any such information sent to him. The PIO apprised the Commission that information was again sent to the information seeker on 17-08-2013 under a registered cover. The PIO produced the office record before the Commission in support of his contention that application of the information seeker dated 16-03-2013 was not received in his office and it was routed to him through the FAA and after receiving the same, necessary steps were taken to provide the requisite information to the information seeker.
On last date of hearing i.e 08-08-2013, the PIO was directed by SIC to file an affidavit in support of his contention that he did not receive the RTI application of the information seeker in his office and it was routed to him through FAA. During the course of proceedings, the PIO sought 3 days time to file an affidavit to the above said effect.
The SIC order dated 19th August 2013 reads:
"The request of the PIO is allowed and he is hereby directed to file an affidavit within 3 days from the date of this order. In view of the aforesaid observations, PIO is hereby advised that in future while handling the RTI applications, he should be careful and provide the information to the information seeker under a registered cover so that any lapse on the part of postal authorities may not become an excuse for furnishing the information within the statutory period".
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