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| CIC pulls up JKPCC for not abiding by RTI Act | | Penalty served on PIO | | Early Times Report
SRINAGAR, Oct 22: The Chief Information Commissioner (CIC) of J&K State Information Commission G R Sufi has pulled up top officials of J&K Projects Construction Corporation (JKPCC) especially its General Manager who is also the First Appellate Authority (FAA) under State RTI Act 2009 in the said corporation for violating the State RTI Act by not responding to an appeal filed by an RTI applicant from Srinagar. The Commission on the directions of CIC has also issued a show cause notice for penalty against the Public Information Officer (PIO) of the said Corporation. The Corporation has also been directed to make the information available not only to RTI applicant but also make it public via JKPCC website.
Background of the case :
The documents available with Early Times reveal that one Fayaz Ahmad Khan from Zainakote HMT Srinagar exercised his right to information and filed an RTI application seeking certain information from JKPCC some months back. The information seeker first filed a complaint before the State Information Commission (SIC) which was replied by the PIO on 15.6.2013. The information seeker Fayaz Ahmad Khan , however, again made a communication vide his letter dated: 10.6.2013 to the PIO JKPCC intimating him that his reply did not disclose the entire information which he wanted. That reminder was not responded by the PIO. Thereafter, the complainant filed first appeal before the GM JKPCC who is also the First Appellate Authority (FAA) of the Corporation . After the inquiry of the State Information Commission (SIC) , the complainant Fayaz Ahmad Khan informed the Commission that he had also filed first appeal before the FAA D.D. Gorkha, General Manager JKPCC vide appeal dated 27.5.2013 appealing therein against the FAA.
As per the provisions of the State RTI Act, the PIO had to pass an order within 30 days from the receipt of RTI application. The order passed by the PIO on 30.5.2013 is defective in so far as it does not inform the complainant about his right of filing first appeal and giving particulars of the FAA as provided under Section 7(8) of the Act. The perusal of this so called order also shows that on number of points information was not given. Therefore, the appellant was well within his right to file first appeal. The FAA under Section 16 of the said RTI Act was under legal obligation to adjudicate the appeal within one month or within a further extendable time of 15 days after recording reasons for not adhering to the original time of 30 days. He was also under legal obligation to hear the appellant before adjudicating the appeal. Unfortunately, FAA ie GM JKPCC didn't bothered to discharge his duty cast on him under Section 16 of the State RTI Act.
The order issued by SIC through its CIC dated 10th Oct reads:
"The FAA under law is a public authority and refusal to discharge public duties assigned to any public authority is a cognizable matter. It would be appropriate to enclose a copy of the information so sought by the appellant as Annexure "A" to this order. The FAA should have also appreciated that the information so asked was of high public value and was in accordance with the spirit and the purpose of the State RTI Act. The jobs done by the organization to which the FAA belongs do involve huge public exchequer and the State RTI Act has come into operation with the sole purpose of making working of public authorities transparent and accountable. The residents of the State who are tax payers have every right to know how the state expenditure is being spent and their right has further been strengthened by providing right to information which is equated by the highest court of law with the fundamental right of a citizen. By suppressing the information by some implication or by simply wittingly or unwittingly refusing to honor the RTI applications gives rise to genuine apprehension of tax payers whether the budget allotted to the organization is accounted for in a transparent manner" .
The order further reads as:
"The PIO JKPCC Parvaiz Ahmed Bhat is directed to explain why penalty proceedings under Section 17 of the State RTI Act may not be initiated against him for providing incomplete and incorrect information. His reply, if any, must reach to this Commission within 30 days from the receipt of this order. Meanwhile, the Commission directs the present FAA Shahid Latief Haroon to adjudicate the appeal within 15 days from the receipt of this order. While adjudicating this appeal, he has to give an opportunity of being heard to the appellant, PIO and also peruse the record particularly the original RTI application. The order of the PIO dated: 30.5.2013 and find what information has not been provided and direct the PIO to provide full information in accordance with his RTI application. FAA is also directed to upload this information on the website of the JKPCC with an intimation to the information seeker and confirmation to this Commission." |
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