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| SIC seeks explanation from DC Anantnag | | Improper disposal of 1st appeal | | Early Times Report Srinagar, Nov 4: The State Information Commission (SIC) has sought explanation from Deputy Commissioner Anantnag who is also the First Appellate Authority for grossly violating the provisions under State RTI Act 2009. As per the details available with Early Times a second Appeal was instituted by one Farooq Ahmad Shah s/o Mohammad Akram Shah a resident of Bulbul Nowgam, Anantnag against First AppellateAuthority ( FAA ) and Public Information Officer (PIO) Office of Deputy Commissioner Anantnag on the grounds that " information has notbeen given within the prescribed period of 1 month" that "incomplete and misleading reply viz-a-viz the RTI application dated 11.08.2012 given by PIO" and " no response from the First Appellate Authority (FAA) viz Deputy Commissioner Anantnag against the appeal preferred on 29.09.2012". Facts on record reveal that an RTI application was filed by the appellant Farooq Ahmad Shah before PIO Office of Deputy Commissioner Anantnag on 11.08.2012 seeking information regarding Action taken report with regard to removal of encroachment made at Bulbul Nowgam by Mohammad Yaqoob Dar ordered to be removed by the Revenue Courts as well as District Session Judge Anantnag in the casetitled Mohammad Yaqoob Dar v/s State and finally ordered its implementation by the District Collector Anantnag vide direction conveyed to the Tehsildar Anantnag vide No. DCA/Lit/012/128-30 dated 12.07.2012; The grounds which restrained the executing agency from implementing the above order of the collector Shri Rajeev Ranjan, Assistant Commissioner Revenue Anantnag (PIO). Tehsildar Anantnag responded to the application vide letter 26.09.2012, admitting that "Encroachment made by Mohd. Yaqoob Dar is not removed till date by the undersigned and process under rules is on and will be completed in one month". This information has been conveyed to the information seeker by the PIO in Form C on 28.09.2012. Aggrieved by the information provided by the PIO vide above reference, appellant filed an appeal before FAA/Deputy Commissioner Anantnag on 29.09.2012. Since FAA/Deputy Commissioner Anantnag did not respond to the appeal within prescribed period, appellant preferred Second Appeal before the State Information Commission (SIC). While issuing the order the Information Commission said that the information provided by the PIO office of DC Anantnag under letter dated 28.09.2012 reproduced above is adequate so far as providing of information within the definition of 'information' and 'right to information' under section 2 of the J&K RTI Act, 2009 is concerned. The appellant pleaded that the order of the Deputy Commissioner Anantnag regarding removal of encroachment has not been implemented so far. However, ACR Anantnag submitted that this aspect has been responded to by them in their counter statement dated 18.12.2012 stating therein that information sought has already been provided and it is altogether different executive matter that the said encroachment has been removed or not and that concerned Tehsildar has already been directed by superior authorities for concrete action on the subject land under norms & rules. |
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