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SIC puts BDO Gandoh on notice
7/1/2014 10:37:02 PM
Early Times Report

Srinagar, July 1: The State Information Commission (SIC) has issued a notice against the Block Development Officer (BDO) Gandoh -Bhalessa district Doda as he failed to adhere to the provisions of J&K RTI Act 2009 . The BDO who happens to be the Public Information Officer of BDO office Gandoh Bhalessa also failed to provide the information regarding utilization of the local MLA's Constituency Development Fund (CDF) to the RTI applicant and the SIC directed the PIO to provide the said information to the applicant free of cost.
As per details available one Lal Chand Hitaishi, S/O Chamaroo Ram, R/O Gandoh, Tehsil Bhalessa, P.O. Ganodh moved an application before the PIO cum Block Development Officer, Gandoh (Bhalessa) under Jammu & Kashmir Right to Information Act, 2009 where under he sought the following information:
1. Copy of Panchayat Plan 2012-13, 2013-14, Plan NERGA, MGNREGA, B.R.G.F., Panchayat Funds, Rural Sanitation, list of IAY beneficiaries, site of work along with muster sheets of Panchayat Gandhoh.
2. Copy of works executed under M.L.A. Funds.
Lal Chand feeling aggrieved of inaction on the part of PIO/ Block Development Officer (BDO) , Gandoh (Bhalessa) filed first appeal before the Director, Rural Development Department, Jammu which was disposed of vide order No. DRDJ/RTI/363/16225 dated 03.12.2013 with a direction to the PIO/Block Development Officer, Gandoh (Bhalessa) to provide the requisite information to the appellant within ten days free of cost through registered post. In compliance to the aforesaid direction, the PIO/Block Development Officer, Gandoh (Bhalessa) provided some information to the information seeker on 27.12.2013 comprising of 28 sheets which has been duly acknowledged by the information seeker. PIO/Block Development Officer, Gandoh (Bhalessa) also produced a receipt duly signed by the information seeker in support of his claim that he has furnished 28 sheets of MG-NERGA works for the year 2012- 13. However, the information seeker was not satisfied with the information provided to him preferred second appeal dated 09.04.2014 in which he has alleged inter-alia that information provided to him by the BDO is incomplete and not as per the RTI application. The matter was listed for hearing at SIC office Jammu on 13.05.2014, Mohammad Rafiq Block Development Officer (BDO) Gandoh(Bhalessa) who is also the PIO was present on the date of hearing and he was directed to file counterstatement before the next date of hearing. In compliance to the Commission's direction, the PIO/Block Development Officer, Gandoh (Bhalessa) filed the counterstatement vide office No. B.B/2238-39 dated 20.06.2014 in which he has submitted that information relating to: (1) MG-NREGA Plan 2012-13 and 2013-14, (2) BRGF Plan 2013-14,(3) IAY list 2013-14 and (4) Panchayat Funds has been provided to the information seeker for which receipt has been obtained from the applicant and the same was submitted to the office of Commission on 21.05.2014. PIO/Block Development Officer, Gandoh (Bhalessa) further submitted that applicant has deviated from his original RTI and raised some objections and the same has also been provided to him.
During the course of proceedings held at SIC office Jammu on June 26th 2014 , the appellant was heard telephonically and he apprised the Commission that he has requested for information about works constructed under M.L.A. funds, etc. which has not been provided to him by the PIO.
The SIC order reads as:
"In view of the aforesaid facts and observations, PIO/Block Development Officer, Gandoh (Bhalessa) is hereby directed to furnish the revised information to the information seeker relating to the works constructed under M.L.A. funds, free of cost within three weeks from the date of receipt of this order under an intimation to the Commission. PIO/Block Development Officer, Gandoh (Bhalessa) has failed to attend the hearing before the Commission on 24.06.2014 despite the fact that sufficient notice bearing No. SIC-J-A/69/2014/2265- 66 dated 26.05.2014 was sent to him in advance informing the date of hearing. He is hereby directed to show cause why fine under Section 15 of the Right to Information Act, 2009 read with Section 32 of the Code of Civil Procedure Samvat 1977 may not be imposed upon him within two weeks from the date of receipt this order.
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