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| SIC issues penalty notice to BDO Teetwal | | ACD Kupwara directed to hear appeal | | Early Times Report
Kupwara, Oct 26: The Block Development Officer (BDO) who is also the Public Information Officer (PIO) under State RTI Act 2009 for block Teetwal in Kupwara district has been served with a penalty notice by the State Information Commission (SIC) in Srinagar on October 8th for not providing information under RTI Act to an information seeker from Karnah Tangdar district Kupwara in North Kashmir .The Assistant Commissioner Development (ACD) Kupwara has been directed to hear the 1st appeal in case applicant wants to file it under State RTI Act.
The State Information Commission received a complaint on 18.07.2013 from one Abdul. Rehman Qureshi S/o Qazi Mohammad Yaqoob R/o Karnah District Kupwara stating that he moved an application under RTI Act 2009 on 25.04.2013 before SDM Karnah seeking information about developmental works accomplished through Block Teetwal pertaining to Halqa Chamkote, but the information was not provided to him within the stipulated period. After this he approached D.C. Kupwara through an application on 30.05.2013 who marked the same to ADC.
The complainant Abdul Rehman Qureshi prayed before the Commission (SIC) to direct concerned to provide requisite information and also requested the Commission to take action against delinquent officials as admissible under the Act.
The documents available with Early Times Records reveal that the complainant had filed an application on 25.04.2013 under State RTI Act before SDM Sub Division Karnah which has been marked by SDM to BDO Teetwal on the same date i.e. 25.04.2013 with the following directions:-
"Issue information as required under rules".
The RTI application was received by the office of BDO Teetwal on 26.06.2013.
So far as other application moved to D.C. Kupwara is concerned, it was only a reminder to D.C. Kuwara regarding RTI application filed before SDM Sub Division Karnah as referred to above. The Information Commission (SIC) took cognizance of the RTI application dated 25.04.2013 marked by SDM to BDO Teetwal.
Abdul Rashid presently BDO Teetwal submitted before the State Information Commission (SIC) that he has joined in the month of July 2013. BDO Submitted that the complainant Abdul Rehman approached him regarding an RTI case and only then he came to know that it was pending. Immediately thereafter, he (BDO) compiled the information and sent it to the information seeker vide No. 1639 dated 29.08.2013. The said information was returned in original by the information seeker on 11.09.2013 citing "incomplete information" but without substantiating/elaborating the alleged incompletion."
Thereafter PIO (BDO Teetwal) has again sent the information through registered post on 24.09.2013 as per the evidence produced before the Commission (SIC) which the complainant admitted to have received. He however did not substantiate the alleged incomplete information.
The complaint filed by Abdul Rehman Qureshi was with regard to not providing information within stipulated period, which has been received by the complainant after some time. "Regarding alleged incomplete information, the information seeker has a right to file first appeal under Section 16 of the RTI Act before the officer superior to the PIO or the designated authority viz. First Appellate Authority. By returning the information to the PIO he has necessarily delayed the process of filing an appeal " SIC order reads
The SIC order further reads as :
" However, during hearing the complainant submitted that he was ignorant with regard to the provisions of the RTI Act for filing appeal as particulars of Appellate Authority was not given by the PIO as required under the Act . The Commission upholds this plea and directs First Appellate Authority/ ACD Kupwara to allow an appeal if filed by the complainant within one month from the date of announcement of this order. FAA will adjudicate the appeal as per Section 16 of the Act after giving an opportunity of being heard to the information seeker/appellant who shall be intimated in writing about the date of hearing of first appeal at least one week in advance through proper mode of service or on his Mobile No. 9622504174. As per records RTI application has not been disposed of by the PIO within prescribed period under the Act. Therefore, Registry shall issue notice to BDO Teetwal directing him to explain as to why penalty shall not be imposed on him for such delay. His reply, if any, should reach the Commission within 3 weeks from the date of issue of this order " |
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