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| SIC pulls up SASB over non implementation of RTI Act | | Directs it to make voluntary disclosure within 20 days | | ET Report
JAMMU, Nov 28: Continuing with its crusade against the Public Authorities particularly the various Government departments functioning in J&K over the non implementation of section 4 (1) (b) of J&K RTI Act 2009 the State Information Commission (SIC) has pulled Shri Amarnath Ji Shrine Board (SASB) for not adhering to implementation of section 4 (1) (b) of the State RTI Act 2009 wherein the Public Authorities which includes the Government departments had to make Pro Active disclosure of around 17 points some four years back but have failed to do so.
On November 21, 2013 the State Chief Information Commissioner (CIC) pulled up Deputy CEO of SASB during a 2nd appeal hearing at SIC office in Jammu. The Deputy CEO SASB who is also the Public Information Officer (PIO) at SASB was directed by the Information Commission to upload the said information voluntarily under section 4 (1) (b) of State RTI Act on the SASB website within a period of 20 days.
Background of the case: One Dharam Pal Gupta, a resident of Jawahar Nagar filed a complaint in the SIC Kathua on 12.09.2013 against the failure of PIO- SASB to provide the information as sought by him under J&K RTI Act 2009 dated July 10, 2013. Dharam Pal Gupta mentioned in his complaint that he has received no response from the PIO within the stipulated period. Accordingly he knocked the doors of SIC at Jammu and the hearing of the case was fixed on 21.11.2013. Preet Pal Singh, Additional Chief Executive Officer-cum-PIO, Shri Amar Nath Shrine Board (SASB) and the complainant Dharam Pal Gupta were present during the hearing.
PIO told the Commission that he has provided the information to the complainant vide his letter No: SASB/2013/2981 dated: 16.07.2013 i.e within the stipulated period of 30 days by speed post. However, the complainant refused to have received the said information. SIC order dated Nov 21 reads as :
"Complainant Dharam Pal Gupta had to approach the First Appellate Authority (FAA) of the Board after the 30 days period was exhausted as required under law. But he did not file first appeal and filed complaint in the Commission. After going through the records, it was established that the PIO has acted in accordance with the provisions of State RTI Act and provided the information to the complainant within the time. Complainant has also admitted during the hearing that he has now received the information "Information Sought: Regarding the non sanction of permission for free langar at Pahalgam (Nunwan) and Baltal and reasons thereof in detail (Yatra 2013) in favour of Om Namah Shivai Sewa Mandal Jalandhar.
PIO SASB's reply : This office has received an application from Om Namah Shivai Sewa Mandal Jalandhar for permission to set up Langar. The application was examined and rejected on the grounds that a criminal case under FIR No: 283 dated: 29.12.2012 under Section 420/465/ 467/468/471/120-B of IPC stands registered against Shri Neeraj Mahajan and Dharam Paul of Om Namah Shivai Sewa Mandal Jalandhar as reported by SHO of Police Station Division No.8 Jalandhar. From the above it is clear that the information has been provided to the complainant by the PIO and now onus is on the complainant to prove that the information given is wrong.
The SIC's order further reads as under: "It has been observed during the proceedings that the public authority has not complied with the provisions of Section 4 of the State RTI Act 2009 which obliged him to make a suo moto or voluntary disclosure of the information held and possessed by him as such public authority. This information was to be uploaded and disseminated within 120 days from the enactment of State RTI Act 2009 w.e.f 20th March, 2009. Unfortunately, inspite of lapse of four years no compliance has been made. As per Section 4 (2(b) the public authority had to make a suo moto disclosure of information contained in said provisions of law. As enough time has been given for compliance, therefore, Commission directs that this information be uploaded and disseminated in the official website of the Shri Amar Nath Ji Shrine Board within 20 days from the date of receipt of this order. As per Section 4 read with Section 15 any resident of the State can file a complaint before the public authority and later on before this Commission if compliance with the provisions of Section 4 is not made. These directions are issued by the Commission in accordance with Section 16(8) of the State RTI Act."
The SIC directed the SASB PIO to make he suo moto / voluntary disclosure of the following 17 points under the provisions of State RTI Act 2009:
(i) the particulars of its organization, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions
(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
(vi) a statement of the categories of documents that are held by it or under its control;
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public.
(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
(xiii) particulars of receipts of concessions, permits or authorizations granted by it;
(xiv) details of receipt of the information, available to or held by it, reduced in an electronic form.
(xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
(xvi) the names, designations and other particulars of the Public Information Officer;
(xvii) such other information as may be prescribed; and thereafter update these publications every year. RTI Activists have hailed the decision of CIC GR Sufi by directing SASB to make voluntary disclosure within 20 days. " It is more than 4 years now but 95 % of the Public Authorities haven't made suo moto or voluntary disclosure, we appreciate the orders being issued by CIC viz a viz directing the Government departments / Public authorities to make such disclosure, it is hoped that CIC will be more strict on this issue," said Dr Raja Muzaffar Bhat Senior RTI Activist and Founder of J&K RTI Movement |
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