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SIC directs RTO Jammu to provide information free of cost
Registration, Hypothecation of vehicles in Jammu
5/22/2014 10:51:24 PM
Early Times Report

Jammu, May 22: The State Information Commission (SIC) has directed the Regional Transport Officer (RTO) Jammu to provide information free of cost sought under Right to Information Act (RTI) by an information seeker from Jammu. As per details available one Tariq Mughal, (Advocate), R/O Rahim Nagar, Jammu moved an application dated 23.01.2014 under Jammu & Kashmir Right to Information Act, 2009 before the PIO in the office of Regional Transport Officer, Transport Nagar, Narwal Bala, Jammu.
Info sought under RTI from RTO office Jammu :
1. Information about the Hypothecation of commercial and non-commercial vehicles, what are the formalities for the entry and termination of hypothecation on the registration certificate of the vehicle.
2. Whether already hire purchase entered on the R/C of vehicle can be terminated without N.O.C. of the concerned Finance Company/Bank and without original R/C and without the knowledge of registered owner ?
3. Can the second hire purchase of the vehicle be done on the R/C of vehicle ? if so under what circumstances?
4. Whether termination of H/P and entry of new H/P on R/C can be done without the form 34 and 35.
5. Whether at the time of termination of H/P , the clearance of H/P amount and on the production of N.O.C original computerized R/C can be surrendered for termination of H/P and new R/C is issued after terminating H/P. Is this the process for the termination of H/P. Please give detailed information.
The information seeker did not receive any response from the PIO/office of the Regional Transport Officer, Jammu and preferred first appeal dated 26.02.2014 before the Regional Transport Officer (RTO), Transport Nagar, Narwal Bala, Jammu.
It would be pertinent to mention here that the Appellate Authority in this case was Transport Commissioner, J&K, Jammu and not the Regional Transport Officer (RTO) , Jammu and as such the appellant chose the wrong forum for filing of first appeal. Thereafter, the appellant preferred second appeal dated 04.04.2014 before the State Information Commission (SIC) wherein he alleged inter-alia that PIO/RTO, Jammu has not provided him the requisite information even after the expiry of statutory period and the First Appellate Authority did not dispose of the first appeal and remained silent over the matter.
SIC 's order reads as under :
The State Information Commission (SIC) Jammu office issued the following orders on May 13th 2014:
" The Commission after receiving the second appeal which is otherwise not maintainable in view of the fact that the appellant has filed first appeal before the RTO, Jammu who is not competent to hear the same, listed the matter for hearing on 13.05.2014.
During the course of proceedings held today, Shri Nitin Pandoh, Sr. Asstt from the office of RTO, Jammu assured the Commission that information sought by the information seeker will be furnished to him and sought time to prepare the information as requested by the information seeker in his RTI application. In view of the aforesaid facts and observations, PIO/RTO, Jammu is hereby directed to furnish the requisite information sought by the information seeker in his RTI application free of cost within ten days from the date of receipt of this order under intimation to the Commission.
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