news details |
|
|
| BDO Kellar withholds information under RTI Act | | SIC serves penalty notice | | Et Report
Srinagar, Dec 21: The State Information Commission (SIC) has issued a show cause notice against the Block Development Officer (BDO) Kellar block in South Kashmir's Shopian district for violating the State RTI Act by not providing the information about developmental works executed in Dompora village of the said community block. As per details available the State Information Commission (SIC) received a complaint on 09.09.2013 from one Nisar Ahmad Bhat S/O Ghulam Rasool Bhat a resident of Kellar Dompora in Shopian against BDO Kellar Shopian. The complainant stated that he has received no response from BDO Shopian in response to his RTI application dated 24.06.2013. Records reveal that the information seeker filed an RTI application through Registered Post on 24.06.2013 addressed to BDO Kellar Shopian seeking certain information on MG NREGA, Indira Awaas Yojna (IAY) & SGSY for the year 2011 to 2012 of the Halqa Dompora comprising costs of the works and names/address of persons engaged in these works. Not receiving any response from the PIO/BDO the Information seeker filed First Appeal before Special Secretary to Government, Rural Development Department on 31.07.2013 through Registered Post on the ground that BDO has not responded to his RTI application within mandatory period as per the Act. This appeal was forwarded by the Public Information Officer (PIO) Directorate of Rural Development Department Lalmandi Srinagar on 19.08.2013 directing him to provide information directly under Section 6(3) of the Act 2009. The appellant Nisar Ahmad Bhat subsequently made Appeal before the SIC on 09.09.2013. The Commission observed that Special Secretary Rural Development Department, before whom First Appeal was filed is not the designated Appellate Authority in this case. Accordingly the appeal filed before the Commission (SIC) was treated as complaint on the grounds that First Appeal was not filed before prescribed First Appellate Authority (FAA) against which appeal before Commission is admissible.
In response to the notice of the State Information Commission (SIC) , Peer Bashir Ahmad, BDO Kellar Shopian produced copy of letter dated 16.12.2013 under which he responded to all the queries of the RTI application. However, copy of this communication/information was not provided/sent to the appellant Nisar Ahmad. Set of information provided by the BDO to the Commission was given to the information seeker during the case hearing at SIC on December 17th 2013. The SIC order reads as under: "During proceedings BDO clarified that works under MGNREGA are being done through job-card holders for which muster sheet is maintained. BDO is accordingly directed to provide photocopy of muster-sheets in respect of 26 works under MGNREGA for year 2011-12 to the information seeker within 15 days. With regard to notice for non-appearance in the Commission on 18.11.2013, BDO submitted that he reached the Commission office in late hours after the proceedings were over. This was confirmed by the Personal Section of the Commission. BDO assured that in future he will attend the hearing in the Commission in time. In view of above, further proceedings under section 15 of the Act are dropped. Prima facie it is seen that the RTI application has been filed through Registered Post on 24.06.2013 and as per available evidence no response has been given by the BDO till date. BDO Shopian is accordingly directed to explain as to why penalty proceedings under section 17 of the Act are not initiated against him for delay in disposing of the RTI application."
The order further reads as : "Compliance of BDO with regard to above directions and explanation for prima facie delay shall reach the Commission within 15 days from issue of this order. Registry to put up case file within one week after expiry of period granted for explanation. With the above directions the complaint is disposed of ". |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
