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Delay in delivery of Information under RTI Act
Penalty notice issued against Project officer DRDA Kishtwar, BDO Thathri
1/11/2014 9:52:59 PM
Et Report

Jammu, Jan 11 : The State Information Commission (SIC) has issued penalty notice under section 17 of State RTI Act against two officials of Rural Development department posted in Kishtwar as they had violated the RTI Act by not providing information to an applicant from a remote village in Thathri area of under J&K RTI Act 2009 with the stipulated time. As per details one Dhananter Singh S/o Late Duni Chand a resident of village Sharote Tehsil Thathri, District Doda moved an application dated 09-11-2012 under the J&K RTI Act, 2009 before the Block Development Officer, Thathri seeking the following information:-
1. Copy of the approved annual action plan under MGNERGA.
2. Copy of the estimates of the each executed works.
3. Copy of the payment made to each card holder with card No. Bank A/c No.,name of work and copy of the invoice under which the amount has been paid.
4. Copy of the payment made to skilled/unskilled labour with designation against each work.
5. Copy of Bill of Material(s) used for execution of each work.
6. Copy of the job demand of the labour duly signed by the concerned ward member.
7. Copy of the list of the beneficiaries to whom amount has been paid under BRGF for construction/repair of house.
8. Copy of the list of beneficiaries to whom payment has been made, who had also availed the opportunity to get the constructed house under IAY, if give to anyone.
The PIO/BDO Thathri intimated the appellant vide his letter No:BDOT/60-61 dated 24-01-2013 for depositing Rs.31,240/- as copying charges as per J&K RTI Act, 2009. SIC after going through the records shows that the PIO/BDO, Thathri had not intimated the RTI applicant within the statutory period about the cost of information and thus the demand raised was uncalled for and is not covered within the provisions of the J&K RTI Act, 2009. The SIC order dated 26.12.2013 reads as under : " In compliance with the Commission's Decision which was delivered videNo.SIC/J/A/149/2013/248 dated 06-09-2013, the BDO/PIO, Thathri sent the requisite information to the information seeker under a registered cover dated 07-10-2013 which was returned undelivered to his office because of non availability of the information seeker at his residence.
The BDO/PIO, Thathri was directed to implement the aforesaid decision of the Commission within 10 working days from the date of receipt of the order under an intimation to the Commission which he has duly complied with. During the course of proceedings held today, the information which was returned undelivered was handed over to the information seeker. However, the perusal of record shows that there is delay on the part of the PIO/BDO, Thathri in delivering the information to the information seeker within the statutory period as mandated under the Right to Information Act, 2009. Hence, Sh. Tahir
Qayoom Malik, BDO/PIO, Thathri and Sh. Akhter Hussain Qazi, Ex-BDO, Thathri at present Project Officer, DRD, Kishtwar are hereby directed to show cause why penalty U/s 17 of the J&K RTI Act, 2009 may not be imposed upon them for their failure to furnish information to the information seeker as mandated under the Act within two weeks from the date of receipt of this order. The complaint for non compliance is accordingly disposed off."
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