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| Denial of information under RTI Act | | Joint RC served with penalty notice by SIC | | ET Report
Jammu, Jan 8 : The State Information Commission (SIC) Jammu office has issued a penalty show cause notice against the Joint Resident Commissioner J&K Government at New Delhi as the said official has failed to provide information under State RTI Act to a Jammu based RTI activist.
The activist filed a first appeal also before the Principal Resident Commissioner but the appeal was not disposed off, alleges the RTI activist.
A second appeal was filed by Balvinder Singh, a resident of Nanak Nagar Jammu in State Information Commission on 4.10.2013 against the failure of First Appellate Authority (FAA) and PIO of Resident Commissioner's office (Joint Resident Commissioner) , New Delhi in furnishing the information sought by him. In response to the notice of the Commission (SIC) Asif Hamid Khan Joint Resident Commissioner cum PIO attended the SIC hearing on Jan 1st 2014. Principal Resident
Commissioner-cum- FAA K.B Agarwal had conveyed his inability to attend the Commission on 1.1.2014. Appellant Balvinder Singh also attended the hearing .
As per details available RTI activist Balvinder Singh filed an RTI application before the PIO on 3.12.2012 seeking certain information as per his RTI application.
PIO was under legal obligation to pass an order as expeditiously as possible but not later than 30 days as provided under section 7 of the State RTI Act. But PIO failed to pass an order. After not having received any response from the PIO filed first appeal before the FAA on 29.4.2013 for adjudication of his appeal.
The FAA, Principal Resident Commissioner as per section 16(7) was under legal obligation to adjudicate the first appeal within 30 days with further extendable period of 15 days after recording the reasons, if any, for not disposing of the first appeal within 30 days. FAA also didn't passed any order. The SIC order reads as under : "FAA being the quasi judicial authority had to adjudicate the appeal after hearing both the parties.
Hence aggrieved with the non-response of FAA also, the appellant filed second appeal in this Commission on 4.10.2013 praying therein to direct the erring PIO to provide the complete information to the applicant free of cost without any further delay and for imposing maximum penalty on the PIO. Commission heard both the parties. The PIO has stated that he will provide the required information to the appellant at the earliest. Commission has gone through the records and has found that neither the FAA nor the PIO has bothered to give an ear to the application of the appellant.
Hence the main purpose of the RTI Act for bringing transparency and accountability in the working of public authorities is defeated.
PIO Shri Asif Hamid Khan is directed to explain why penalty proceeding may not be initiated against him for not passing an order within the stipulated period. He is also directed to furnish the information sought by the appellant within 15 days from the receipt of this order. The second appeal is accordingly disposed of subject to above directions" |
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