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| Directs incumbent DFO to provide Information free of cost | | SIC issues penalty notice against ex DFO Tangmarg | | Early Times Report
Srinagar, Dec 23: The State Information Commission (SIC) has issued a show cause notice for penalty under section 17 of JK RTI Act 2009 against a Divisional Forest Officer (DFO) who earlier served as Special DFO Tangmarg for making unnecessary delay in providing Information to an applicant who had sought some details under RTI Act. The Commission has also directed the present DFO to provide information free of cost to the applicant and has sought details of former DFO so that penalty notice could be sent to him at the present place of posting or at his residential address.
As per details available one Mohammad Sidiq Khan son of Ghulam Ahmad Khan a resident of Kawoosa Khalisa in Budgam district filed a complaint in SIC on August 16th this year against DFO Tangmarg stating that he requested for information from the office of Special DFO Tangmarg through Chief Conservator Forests Kashmir (CCF Kashmir), but despite repeated instructions/ reminders the information is still awaited.
In reply/counter statement before the SIC Srinagar office the incumbent DFO Tangmarg Mehboob Ali Bhat, enclosed copy of letter dated 08.01.2013 of his predecessor addressed to the SIC where under response to the queries of the RTI application has been given in abstract form. It has further been stated that after completing the requisite information, the applicant was informed on phone to deposit an amount of Rs. 810/- as Xerox charges, however, the applicant did not turn up .
The State Information Commission (SIC) on perusal of records found that RTI application transferred by Administrative Officer (PIO) CCF Kashmir on 2nd July 2012 is admitted to have been received in the office of DFO Tangmarg on 06.07.2013 but no response has been provided to the information seeker within the stipulated period except stating vide letter 08.01.2013 dated 14.11.2013 that the information seeker was telephonically asked to deposit an amount of Rs. 810/- on account of Xerox charges. The information seeker however denied to have been contacted by the PIO/DFO in this regard.
The SIC order dated Dec 18th 2013 reads as:
"Upon perusal of the information sought, it is seen that the information is sought under in the shape of proforma given by the information seeker. It is clarified that the definition of information provides that the PIO is required to provide information held by him/her in whatever form available/held by him.
Since RTI application has not been disposed as per Section 7 of the Act till date, DFO Tangmarg is directed to respond to the RTI application afresh within two weeks from issue of this order. PIO/DFO submitted that the information has been sought from all the ranges of the division, which is quite voluminous. However, the information seeker during proceedings clarified that he needs information for Forest Range Beerwah only. In view of above DFO is directed to respond to RTI application with regard to forest range Beerwah only for the year 2011. The information shall be provided to the information seeker free of cost within two weeks from issue of this order"
The order further reads as:
" It is prima facie established that there has been delay in disposing of the RTI application by the then DFO Tangmarg. DFO shall intimate within two weeks from issue of this order, particulars of the then DFO, in whose tenure RTI application was received and remained pending so that penalty proceedings under section 17 of the Act are initiated against him/her for causing delay in disposal of the RTI application. The complaint is disposed of with above directions" |
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