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| Allow inspection of revenue record to appellant: SIC directs DC Udhampur | | Warns DC to fulfill her duty as Appellate Authority | | Early Times Report Jammu, May 23: The State Information Commission (SIC) has directed Deputy Commissioner Udhampur to provide information and allow inspection of revenue record by an applicant from Nanak Nagar Jammu who had sought information about transfer of state land to Kahcharai in the district. The SIC has also directed the Deputy Commissioner (DC) Udhampur to adhere to the provisions of Right to Information Act and warned her of appropriate action under law for not fulfilling her duties as a quasi judicial authority as the DC happens to be the First Appellate Authority (FAA) in the DC's office under State RTI Act 2009 . As per details available with Early Times one Comrade Sukhdev Singh a resident of Sector-14 Nanak Nagar, Jammu moved an application date 01.08.2013 under Jammu & Kashmir Right to Information Act, 2009 before the Public Information Officer (PIO) in the office of Deputy Commissioner, Udhampur wherein he sought to know about action taken by the Deputy Commissioner, Udhampur on the report submitted by Assistant Commissioner, Revenue, Udhampur vide his No.3596-97/SQ dated 30.12.2010 along with copy of letter and copies of notes written on the above file; The reason for not attending the case for more than 30 years in its right direction and reason attributed to the delay of recommendation on report of Assistant Commissioner Revenue, Udhampur vide his No.3596-97/SQ dated 30.12.2010; The reasons on which section 145 of Cr. PC has been imposed at ser Manjila; Certified copy of letter of Senior Superintendent of Police, Udhampur's letter No.PA/SM/2013/13086-88 dated 15.04.2013 or any other correspondence made by him; Whether it is a fact that land in question was State Land as recorded in the Record of Revenue of Bk.1969-70; Reasons and person on whose orders the said entry has been changed from State Land to Khachari. According to DC the information had been prepared and provided to the information seeker by the Assistant Commissioner (Revenue) Udhampur to whom the said application was forwarded under section 6(3) Right to Information Act, 2009. It has also been admitted that the appellant filed an appeal before the First Appellate Authority (FAA) and the matter was listed for hearing on 28.10.2013 before the DC who is the FAA. The Assistant Commissioner (Revenue), Udhampur attended the hearing at SIC office Jammu on May 19th whereas the appellant Comrade Sukhdev Singh could not attend the hearing on the said date. The SIC in its order ruled that, " In view of aforesaid facts and observations and request of the appellant, the PIO/Addl. Deputy Commissioner, Udhampur is hereby directed to furnish the revised information to the information seeker and also allow him an opportunity to inspect the record in his office on a working day during office hours and provide him the certified copies of the relevant documents, if any, required by the information seeker within two weeks from the date of receipt of this order under an intimation to the Commission". Warns DC Udhampur, the SIC ruled that, "The First Appellate Authority being quasi-judicial authority is under statutory obligation to adjudicate and dispose of the matter after providing an opportunity of being heard to both the parties. The First Appellate Authority is hereby reminded of its duty which is of quasi-judicial nature that in future while disposing of RTI matters the principles of natural justice must be adhered to so that a regime of transparency and accountability is promoted in the working of every public authority". |
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