news details |
|
|
| Be responsive to RTI Act, SIC to RC | | Allotment of residential accommodation at Jagti | | Early Times Report
JAMMU, Nov 1: The State Information Commission (SIC) has cautioned the Relief Commissioner Jammu who is also the First Appellate Authority (FAA) in the Relief Organization Jammu office for not adhering to the provisions of the State RTI Act 2009.
The Information Commission has directed the Relief Commissioner cum FAA to take the orders from SIC as a wake up call and dispose off the RTI related applications within stipulated time in future.
As per details available with Early Times, one Rashu Kanna a resident of Subhash Nagar Jammu moved an application dated 05-07- 2013 under RTI Act, 2009 before the PIO office of the Relief & Rehabilitation Commissioner (M), Jammu seeking certain information relating to allotment of some residential quarters at Jagti Nagrota along with file notes etc.
The PIO vide office letter No: RRCM/PIO/RTI/13/1160 dated 01-08-2013 furnished the requisite information to the information seeker within the statutory period. However, the information seeker Rashu Kanna was not satisfied with the information provided to him filed Ist appeal dated 7-08-2013 before the Relief & Rehabilitation Commissioner (M), Jammu which was not disposed of by the said officer within stipulated time.
Thus feeling aggrieved of inaction on the part of the Relief Commissioner cum FAA, the information seeker preferred the second appeal before the State Information Commission (SIC) dated 25-09-2013 wherein he alleged inter-alia that incomplete and malafide information has been furnished to him by the PIO Relief Organisation Jammu .
The Commission after receiving the appeal vide office notice No:SIC/J/A/240/2013/3987 dated 03-10-2013 directed the PIO to send counter reply to the Commission within 7 days from the receipt of the notice. In compliance to the aforesaid notice of the Commission, the PIO vide office letter No: RRCM/PIO/RTI/13/1294 dated 9-10-2013 filed counter reply stating therein that the information sought by the information seeker was furnished including hard copy of the reply on 23-08-2013 with enclosures by hand and the signatures of the applicant stand taken on the office copy. The copy of the aforesaid letter containing information has been brought on the file for reference and record. However, during the course of proceedings held in SIC office Jammu on 23rd Oct 2013 the appellant Rashu Kanna alleged that information relating certain queries of his RTI application was incomplete and vague and requested that PIO be directed to furnish the revised information as per his RTI application.
"Keeping in view the request of the information seeker and factual status of the matter in hand, the PIO is hereby directed to provide the revised information regarding query No. 4, 5 and 6 to the information seeker within 10 days from the date of receipt of this order under an intimation to the Commission" reads the SIC order .
The SIC order further reads as :
"In the back drop of factual matrix of this case, it would be pertinent to comment upon the role of the FAA i.e. Relief Commissioner . The appellant brought to the notice of the Commission that his appeal has not been adjudicated and disposed of by FAA i.e Relief & Rehabilitation Commissioner (M), Jammu despite the lapse of statutory period as prescribed under Section 16(7) of the RTI Act, 2009. The mandate of Section 16(7) of the RTI Act, 2009 reads as under:-
"An appeal under sub-section (1) or sub-section (2) shall be disposed of within 30 days of the receipt of the appeal or within such extended period not exceeding a total of 45 days from the date of filing thereof, as case may be, for reasons to be recorded in writing."
In this case, the FAA has failed to follow the mandate of the RTI Act, 2009 which amounts to flagrant violation of the fundamental right of a citizen. Such an attitude on the part of the FAA is detrimental to the cause of transparency and accountability as stipulated under the RTI Act, 2009.
The FAA i.e Relief & Rehabilitation Commissioner (M), Jammu should treat this order as a wakening call and in future dispose of RTI matters within statutory period as mandated under the RTI Act, 2009. Had the FAA performed its quasi-judicial function within the statutory period that would have vindicated the right to information of a citizen and would have also saved him from the rigorous exercise of filing second appeal before the Commission? The FAA is hereby directed to act with care and circumspection in future while discharging its statutory obligations under RTI Act, 2009 " |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
