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SIC sends penalty notice to Tehsildar Kulgam
ST Certificate scandal in Kulgam
9/10/2013 11:04:47 PM
Early Times Report
Srinagar, Sept 10: The State Information Commission (SIC) has issued a penalty notice to Tehsildar Kulgam who is also PIO in the Tehsil office for making unnecessary delay in providing Information under J&K RTI Act 2009 to an RTI applicant in a case of alleged issuance of fake Scheduled Caste certificate (ST certificate) .The applicant sought details from the Tehsildar Kulgam wherein a person belonging to Gujree cast (Kashmiri Milkman cast) was issued ST certificate from the Tehsil office by manipulating his surname to "Gujjar" (a caste of tribal Gujjars and Bakerwals).
As per details available a Second Appeal under JK RTI Act 2009 was filed by one Kaisar Iqbal Gujjar son of Mohammad Shafi Gujjar a resident of Aragam in Bandipora district under against Tehsildar Kulgam pleading that the RTI applicant filed an appeal with Deputy Commissioner Kulgam who is also the First Appellate Authority (FAA) in this case and after a period of two months he received reply from PIO (Tehsildar) which was not satisfactory. The appellant requested the SIC to take appropriate action in this regard. Records enclosed with the appeal reveal that the appellant Kaisar Iqbal Gujjar filed an RTI application dated 11.09.2012 before Tehsildar Kulgam seeking to know, Whether any ST category certificate (Gujjar Community) vide No. 235/STAC/Stt dated 28.04.2005 has been issued to a person namely Rashid-ul-Hassan son of Gh. Hassan Gujaree a resident of Arigutnoo, tehsil / district Kulgam; Whether he belong to ST Gujjar community or sheer Gujree social caste; Herewith photostat copy of ST certificate was attached; Whether it is fake or original.
The RTI application was accompanied by postal order of Rs. 50/- and receipt of the office of Tehsildar dated 08.11.2013. Thereafter, First Appeal has been filed by the appellant before Deputy Commission/ Assistant Commissioner Revenue Department, District Kulgam on 26.02.2013 stating that his RTI application filed before Tehsildar Kulgam has not been responded to within the prescribed period of 30 days. He has requested DC (FAA) to provide details of information sought. This appeal was disposed by Public Information Officer (Addl DC) Office of Deputy Commissioner Kulgam vide letter No. DCK/RTI/2013- 14/121 dated 22.04.2013 as under: -
Tehsildar Kulgam vide letter 20.04.2013 addressed to Addl. Deputy Commissioner Kulgam referred to above stated that the record/register pertaining to the period gutted in a fire incident therefore this office is unable to provide the information as sought by the applicant". A copy of FIR No. 25/2012 is enclosed.
During hearing in the SIC Srinagar office on 01.08.2013, the complainant produced original copy of Pedigree (Shajra Nasab) duly attested by Officer Incharge Central Record Room, Srinagar of Rashid-ul-Hassan of the year 1968-69. This document was handed over to Tehsildar Kulgam directing him to respond to limb of information sought by the information seeker "whether he belongs to ST Gujjar community or Sheer Gojree social caste" as per document provided to Tehsildar. In compliance to above directions Tehsildar Kulgam vide letter NO. 158- 59/N dated 10.08.2013 has authenticated Pedigree Table for the year 1968-69 of village Arigutnoo provided by the Appellant.
SIC in its order said, "A copy of this letter has been sent to the information seeker through Registered Post on 14.08.2013. However, the information seeker submitted that he is yet to receive the said information. Therefore Tehsildar Kulgam is directed to give one set of the information to him immediately after the hearing today.
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