news details |
|
|
| SIC to penalize Deputy Secretary, penalty notice against JD Jammu | | 5 years on, Babus continue to violate RTI | | ET Report
JAMMU, Feb 13: The J&K RTI Act 2009 is going to complete its 5 years of enactment in Jammu & Kashmir next month but till date most of the Government officials are unaware about the provisions of this law and those who have knowhow about the law hardly implement it.
The State Information Commission (SIC) while acting tough against the violators of State Right to Information Act (RTI) has issued orders for penalizing a senior official of Consumer Affairs & Public Distribution Department (CAPD), Deputy Secretary to Government CAPD Civil Secretariat. The Commission has also issued a show cause notice against the Joint Director CAPD Jammu asking him to explain why penalty proceedings may not be initiated against him under section 17 of the State RTI Act. Both of these senior officials are functioning as Public Information Officers (PIO's) under RTI Act in their respective offices.
Vilakshna Singh, Advocate and RTI Activist from Jammu filed a complaint before the State Information Commission (SIC) on 26.11.2013. Hearing for the case was fixed for Feb 6, 2014 . G.S.Chib, Director CAPD Jammu, Reyaz Ahmed Choudhary, Joint Director CAPD Jammu, Riyaz Ahmed, Deputy Secretary-cum- PIO CAPD Civil Secretariat and Vilakshana Singh (complainant) attended the hearing.
As per details available, the complainant had filed an RTI application before PIO Directorate of CAPD Jammu on 06.06.2013 which was received by the PIO on 14.6.2013. The PIO passed an order on 10.7.2013 providing information on 1st point and regarding other points of information, he informed the complainant that "it pertains to the Government". Being aggrieved with the order of the PIO, the complainant preferred first appeal before First Appellate Authority (FAA), Director CAPD Jammu on 15.07.2013 who adjudicated the appeal in accordance with law on 24.8.2013.
"Adjudication has been done strictly within stipulated time which is appreciated. The FAA had directed the Deputy Secretary-cum-PIO CAPD, Civil Secretariat to provide the information to the complainant within a week's time as the information was in the records held by him. The complainant states that in spite of lapse of 142 days, the information has not so far been provided as on date of filing of complaint in the Commission. It is confirmed before the Commission that neither compliance of section 5 nor section 16(1) has been made by the PIO CAPD, Civil Secretariat. As the complainant had fulfilled the mandate of law in terms of filing first appeal and FAA had given directions for disclosure of information within a week's time, therefore, the Commission directs the PIO to disclose this information on the website of the CAPD Department within 20 days. The non-compliance of this order will be viewed as failure of the public authority on his part to carry out its duties as a public authority. Action under section 17 of the Act will also be initiated against Reyaz Ahmed Choudhary, Joint Director-cum- PIO CAPD Jammu who has also not acted as per the provisions of State RTI Act and has not sought assistance as provided under sections 5 and 6 of the Act. The PIO has also not informed the complainant about the particulars of the First Appellate Authority (FAA) in his order. Therefore, he is directed to explain why penalty proceedings under section 17 of the State RTI Act may not be initiated against him for not complying with the mandate of the Act. Reply of both the PIOs, if any, must reach this Commission within 15 days from the receipt of this order," reads the State Information Commission. The order further reads as:
"The penalty for PIO in the Commissioner/Secretary CAPD's office will be reckoned from the date of receiving a direction from the FAA for disclosing the information till the date information is disclosed. He is further directed to upload the information sought by the complainant on the website of the Department within 20 days from the receipt of this order and inform the complainant to download the information sought from the website of the CAPD Department. Similarly, Reyaz Ahmed Choudhary, Joint Director-cum-PIO in the office of Directorate of CAPD is also directed to explain why penalty proceedings may not be initiated against him under section 17 of the State RTI Act for not adhering to the provisions of the State RTI Act and passing incorrect order. His reply, if any, must reach this Commission within 15 days from the receipt of this order." |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
