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| SIC directs DC to provide info, allow inspection of record | | Encroachment of Gurdawara land in Ramnagar | | Early Times Report
Jammu, May 24: The State Information Commission (SIC) in yet another order against the DC Udhampur has directed her to provide information as sought under Right to Information Act about alleged encroachment of a Gurdawara land in Ramnagar area. The information was sought by a Jammu who was earlier denied the same by the office of the Deputy Commissioner Udhampur. The applicant had finally knocked the doors of State Information Commission (SIC) . The Commission has also directed the DC office to allow inspection of the revenue record by the RTI applicant.
Case details: As per documents available with Early Times one Sukhbir Singh Sudan President Gurudwara Baba Chanda Singh Ji, Jain Bazaar, Jammu moved an application dated 01-08-2013 under Jammu & Kashmir Right to Information Act, 2009 before the Public Information Officer (PIO) in the office of Deputy Commissioner, Udhampur seeking the following information:-
1. Detailed list of locals who have occupied the Kahcharai Land illegally in Khasra No. 392/52 at village Ser Manjila Udhampur.
2. Detail and status of land such as Khasra Girdawari, Nakal Shajra Khasra be also provided.
Feeling aggrieved of inaction on the part of the PIO as well as the 1st appellate authority, the appellant filed 2nd appeal on 04-02-2014 before the State Information Commission (SIC) wherein he alleged that information sought by him under J&K RTI Act 2009 has not been provided to him and the 1st appellate authority (FAA) ie DC Udhampur did not adjudicate and dispose of the 1st appeal within the statutory period as mandated under the J&K RTI Act, 2009.
The SIC order reads as:
"The perusal of the record shows that 1st appeal has not been adjudicated and disposed of by the 1st appellate authority ie Deputy Commissioner Udhampur. The 1st appellate authority is reminded of its statutory duty which is of quasi-judicial nature i.e. an appeal should be disposed of after following the principles of natural justice. Whereas in this case the appellant has not been afforded an opportunity of being heard and no reasoned or speaking order has been passed by the 1st appellate authority. The 1st appellate authority i.e. Deputy Commissioner, Udhampur is hereby directed to follow in future the principles of natural justice and the statutory time frame prescribed for disposal of an appeal under the J&K RTI Act, 2009.
During the course of proceedings held today ie May 19th 2014, the PIO/ADC, Udhampur submitted before the Commission that the information was provided to the applicant by ACR, Udhampur vide letter no. ACR/U/SQ/1807-08 dated 25-10- 2013 which included reply forwarded by the Tehsildar, Ramnagar vide letter no. 1190-91 dated 18-09-2013. The information seeker has alleged in the 2ndappeal that the information received by him is incomplete and incorrect and not as per his RTI application. In view the aforesaid facts and submissions of the appellant, the PIO/ ADC, Udhampur is hereby directed to furnish the revised information to the information seeker within two weeks from the date of receipt of this order. The PIO is further directed to allow the appellant an opportunity to inspect the record in his office on a working day during office hours and provide him the certified copies of relevant documents if any, required by the appellant under intimation to the Commission." |
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