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| SIC issues penalty notice against High Court official | | Violation of J&K RTI Act | | Early Times Report
Srinagar, May 5 : The State Information Commission (SIC) has issued a penalty notice against J&K High Court official for not adhering to the provisions of J&K RTI Act 2009.
As per details available with Early Times a second appeal filed by one Parvez Ahmad Paray, a resident of Solina Srinagar before State Information Commission (SIC) against the failure of Public Information Officer (PIO) and First Appellate Authority (FAA) of the Hon'ble J&K High Court Srinagar for not honouring his Right to Information under the State RTI Act.
The appellant Parvez Ahmad Parray filed an RTI application dated 19.09.2013 which has been received in the PIO's office of Hon'ble High Court on the same date. As per provisions of Section (7) of the State RTI Act, PIO of the Hon'ble J&K High Court Srinagar had to pass an order as expeditiously as possible but not later than 30 days.The Commission (SIC) observed during the case hearing on April 9, 2014 that this was not first instance when the concerned officers of the Hon'ble J&K High Court have not appreciated the provisions of the State RTI Act. It is brought to the notice of erring public authorities that the right to information has been equated with fundamental rights conferred on the citizens of the country. Again being denied of any information the appellant preferred 2nd appeal before the Commission on 19.02.2014 which was adjudicated in the following order . The applicant had requested for photocopies of applications along-with corresponding reports of the registry and remarks/order of the Chief Justice of High Court of J&K in LPA No. 102/2012 titled "Parvaiz Ahmad Parry Vs State of J&K & Othrs". Seeking relief from the SIC, the applicant requested That the Commission may kindly initiate an enquiry in the matter as per sub-section (2) of section 15 of the J&K RTI Act, 2009; The PIO may kindly be directed to provide the information as requested in my RTI application as per sub clause(i) of clause(a) of sub section (9) of Section 16 of the J&K RTI Act, 2009 he may be compensated for denial of information by the PIO as per clause (b) of sub section (9) of section 16 of the J&K RTI Act, 2009; The PIO may be penalized as per sub section (1) and sub section (2) of Section 17 of the J&K RTI Act, 2009; Any other relief as deemed fit by the Commission to uphold writ of law with respect to respecting the right to information of ordinary citizens like me as envisaged in the J&K RTI Act 2009 in the highest institution of justice in the State of J&K."
Taking cognizance of the facts, the Commission in its order ruled that it finds from the records that PIO has contravened the provisions of the State RTI Act. Thus he has attracted the provisions of Section 17 of the State RTI Act for being penalized for not providing information to the information seeker within the time stipulated under Section 7. Therefore, Syed Shamim Ahmad, Section Officer, Counter Section, J&K Hon'ble High Court Srinagar is required to explain the reasons for not being penalized under Section 17 for not disclosing the information. His reply, if any, must reach this Commission within 15 days from the receipt of this order. The penalty will be reckoned from the date the information became due under Section 7 till the date the information is actually given.
The said officer is accordingly directed to discharge his obligations under the Act. With the above directions the appeal is accordingly disposed off". |
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