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Jt Director School Education on penalty notice for denying information under RTI
10/25/2013 11:27:25 PM

Early Times Report
JAMMU, Oct 25: The State Information Commission (SIC) has issued a penalty notice under JK RTI Act 2009 to the Joint Director School Education Jammu who happens to be the Public Information officer (PIO) of the directorate . The PIO had failed to provide information to an RTI Applicant under State RTI Act and the applicant filed an appeal in the SIC which took strong notice of the case here on October 18 recently.
As per details available one Jagdev Singh S/o Late Sh. Lachman Singh a resident of Janipur Colony Jammu moved an application on March 23, 2013 under J&K RTI Act, 2009 before the PIO (Joint Director) in the office of Director School Education Jammu seeking certain information . Feeling aggrieved over inaction on the part of the PIO, the appellant filed appeal on May 6, 2013 before the First Appellate Authority (FAA ) i.e the Director, School Education Jammu which was not adjudicated and disposed of within the statutory period. However, the counter reply filed by the Jt. Director / PIO , Directorate of School Education, Jammu vide office No:DSEJ/RTI/2013/6727-31 dated 30-09-2013 shows that FAA also directed the concerned section to provide the requisite information to the information seeker within the stipulated time and after a long period the concerned section provided the partial information . The PIO submitted before the SIC in his counter statement that due to the partial information received from the concerned section, the requisite case file was transferred to PIO School Education Department, Civil Secretariat Srinagar vide No:DSEJ/RTI/2013/6714-16 dated 28-09-2013 with a request to provide the requisite information within the stipulated time to the information seeker.
Perusal of the counter statement shows that the information relating to certain point still remains to be provided to the information seeker.
'The plea taken by the office of Director, School Education Jammu is that as soon as the information will be received from the concerned CEOs / PIOs of Jammu province it shall be provided to the information seeker. In view of the aforesaid factual statements and observations, the PIO/ Jt. Director, Directorate of School Education, Jammu is hereby directed to ensure that the information as sought by the information seeker is made available to him within three weeks from the date of receipt of this order under an intimation to the Commission. The PIO is directed to file compliance report to the Commission" reads the SIC order issued here on October 18, 2013 by Dr SK Sharma State Information Commissioner.
According to the SIC order , " The matter was listed for hearing on 01-10-2013 and 18-10-2013. On both the occasions the PIO/Jt. Director, Directorate of School Education, Jammu failed to cause his appearance before the Commission without any reasonable cause. He is hereby directed to show cause why fine under Section 15 of the RTI Act, read with Section 32 of the Code of Civil Procedure Samvat, 1977 shall not be imposed upon him for his failure to cause his appearance before the Commission despite proper notice and telephonic intimation from the office of the Commission about the date of hearing within two weeks from the date of receipt of this order failing which the Commission shall proceed exparte in the matter".
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