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CIC summons Transport Commissioner, deputy
Directs to reveal information under RTI
11/24/2014 11:26:19 PM
Early Times Report

Jammu, Nov 24 : The Chief Information Commissioner (CIC) J&K State Information Commission G R Sufi summoned Transport Commissioner Dilshad Khan and Deputy Transport Commissioner who is the designated Public Information Officer (PIO) in an appeal case filed by an aggrieved person who was denied information sought under Right to Information Act (RTI) by the Transport Commissioner's office.
As per details available with Early Times one Syed Shabir Ahmad Shah, a resident of Srinagar had filed an appeal before the State Information Commission (SIC) against the inaction of First Appellate Authority (FAA) cum Transport Commissioner Dilshad Khan to adjudicate the appeal filed by the appellant on 10.2.2014. Dilshad Khan, Transport Commissioner-cum-FAA and M.L Raina, Deputy Transport Commissioner-cum-PIO attended the hearing before CIC G R Sufi on 14.11.2014 . Brief grounds of the appeal are that the appellant filed an RTI application before PIO on 10.2.2014 which was received by the PIO on the same day. PIO was under legal obligation under section 7 of the State RTI Act 2009 to provide information or deny it as "expeditiously as possible but not later than 30 days", which he did not do. Consequently, appellant filed first appeal before Transport Commissioner (FAA) on 12.7.2014. FAA was under legal obligation under section 16 of the State RTI Act, 2009 to adjudicate the appeal within 30 days or extended period of further 15 days as per reasons recorded. As the appellant failed to receive an order by the FAA, he preferred second appeal before State Information Commission (SIC) requesting therein for issuance of directions for providing information to him. The PIO honestly admitted before CIC that RTI application was received in his office on 10.2.2014 but it was not put up to him till he received a notice from the Commission. From the facts on the record prima facie PIO's version was found to be correct.
SIC order reads as :
" However, as an officer in the department, it is incumbent upon him to start an enquiry against the defaulting official who has been negligent in not putting up the RTI application before the PIO which has resulted in denial of information to the information seeker. The reason for non disposal of appeal at FAA's level is the transfer of the predecessor of the present incumbent. The Commission would once again like to emphasize upon the administration that while effecting transfers and postings of the officers who have been designated as FAA(s) or PIO(s), the administration should ensure that before they hand over charge, they should bring it to the notice of the successor the pendency of RTI application, if any."
Order further reads as :
"It has been found that the information sought by the appellant was givable. The information as clai-med by the PIO stands now forwarded to the appellant vide Order No: TC/JK/RTI/2014/5113-14 Dated: 25.8.2014 by registered post. The appellant may inform the Commission by filing a complaint as provided under Section 15 of the State RTI Act, 2009 in case he proves not to have received such information"
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