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SIC issues penalty notice to SDM, Tehsildar Akhnoor
Issuance of ALC category certificates
10/26/2014 10:34:28 PM
Early Times Report

JAMMU, Oct 26: State Information Commission (SIC) has issued penalty show cause notice to Sub Divisional Magistrate (SDM) and Tehsildar Akhnoor for having failed to provide information to an information seeker under J&K Right to Information Act (RTI Act) related to issuance of ALC category certificates from 2008 to 2014.
As per documents available with Early Times; one Naresh Kumar Raina, Advocate, J&K High Court, Jammu moved an application before the PIO, office of the Deputy Commissioner, Jammu under Jammu & Kashmir Right to Information Act, 2009 where-under he sought a list of candidates in whose favour ALC category certificate for the Badhwal area of Tehsil Akhnoor Block Khour District Jammu have been issued by DC Jammu from 2008 till 2014
Feeling aggrieved of inaction on the part of the PIO, appellant preferred first appeal before the Divisional Commissioner Jammu who is actually does not happen to be the designated First Appellate Authority. After that appellant filed second appeal dated 01-08-2014 before the State Information Commission (SIC) wherein he alleged that the SDM, Akhnoor and Tehsildar Akhnoor have failed to provide the information as sought in the RTI application. The Commission after receiving the second appeal listed the matter for hearing on 01-09-2014 and 20-10-2014.
During the course of proceedings at SIC office Jammu on 20-10-2014, the PIO/Additional Deputy Commissioner, Jammu apprised the Commission that the application of the information seeker was forwarded to the Tehsildar, Akhnoor for necessary action within the statutory period.
"From the aforesaid facts, it is apparent that the information pertains to office of the Tehsildar, Akhnoor and he has failed to provide the requisite information as sought by the information seeker. The Tehsildar, Akhnoor is hereby directed to furnish the requisite information, free of cost, to the information seeker within 10 days from the date of receipt of this order under intimation to the Commission" reads the order of SIC.
The SIC order further reads maintains that Tehsildar, Akhnoor 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 certified copies of the relevant documents if requested by the information seeker. The parties are at liberty to settle the date and time for inspection of the record which may be convenient to them.
Besides sufficient notice in advance from the Commission Tehsildar, Akhnoor and SDM, Akhnoor have failed to appear before the Commission on the date of hearing. They are hereby directed to show cause why fine under section 15 of the Right to Information Act, 2009 read with Sec 32 Code of Civil Procedure, Samvat 1977 may not be imposed upon them for failure to cause their appearance before the Commission on the date of hearing "
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