| SIC makes mess of imposing penalty on ex-Executive Officer, Municipal Committee Bandipora | | Instead of Rs 2, 50,000 only Rs 25,000 imposed as penalty | | Jehangir Rashid
SRINAGAR, Dec 25: State Information Commission has made a glaring mistake while calculating the penalty imposed on Abdul Rashid, former Executive Officer, Municipal Committee, Bandipora in a case that dates back to March 2011.
In its order based on decision number SIC/K/Comp/153/2011-543, State Chief Information Commissioner, G R Sufi has ordered that Rs. 25,000 should be imposed as penalty on former Executive Officer, Bandipora since he failed to provide information to Mehraj-ud-din Bhat, a civilian who wanted details on appointments made at Municipal Committee, Bandipora from April 2006 to February 2011.
In his order, State Chief Information Commissioner asked for penalizing former Executive Officer, Municipal Committee, Bandipora for 960 days after he failed to provide information with respect to the Right to Information (RTI) application moved by Mehraj on March 5, 2011.
"The number of days of default is 960 and the penalty should be imposed at the rate of Rs. 250 per day. Since the application has been moved on 5-3-2011 and the order is being issued on 2-12-2013 the penalty should be imposed for 32 months. The penalty thus worked out from the date of receipt of application to date of passing the order is Rs. 25, 000," wrote Sufi in his order.
However, when worked out the penalty is Rs. 2, 50,000 and not Rs. 25,000. This means that the Executive Officer, Municipal Committee, Bandipora has been benefitted by Rs. 2, 25,000. Instead of Rs. 2, 50,000 he would have to pay Rs. 25,000 for denying information regarding appointments which are already under scanner.
The former Executive Officer, Municipal Committee, Bandipora would have heaved a sigh of relief as he is calculated to pay Rs. 25 instead of Rs. 250 as directed by the State Chief Information Commissioner. Nobody can blame the former executive officer for this glaring discrepancy as the calculation made by the State Information Commission is 'absurd' and it mocks at the 'professional' approach by the people at helm.
"Section 17 of the State RTI Act provides that where the State Information Commission at the time of deciding any complaint, appeal or reference is of the opinion that the Public Information Officer has without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of Section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty five thousand rupees," wrote Sufi in his order.
The State Information Commissioner directed Mushtaq Ahmad, Executive Officer, Municipal Committee, Bandipora to serve a copy of the order to the former Executive Officer, Municipal Committee, Bandipora. He directed the drawing and disbursing officer of Municipal Committee, Bandipora to ensure that Rs. 25,000 is deducted from the salary of former Executive Officer in two installments from the month of December 2013 and January 2014.
The State Chief Information Commissioner directed the drawing and disbursing officer to remit the amount to Government Account Head "0070-other administrative services" with an intimation to the commission. He has also been asked to submit a compliance report along with a copy of deduction certificate/challan with TV number and date to this commission within five days of compliance. |
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