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| Agro Industries Corp says records damaged | | Using floods as excuse, Info denied under RTI | | SIC issues penalty notice
Early Times Report
Jammu, Nov 29: The Government and semi Government organisations based in Srinagar have started using flood as an excuse and are denying information sought under Right to Information Act (RTI) . In one such case the J&KAgro Industries Developmental Corporation has categorically denied to share a part of information sought by an information seeker under Right to Information Act (RTI). Pertinently the information was sought more than eight months back. As per details available a second appeal was filed by R.K. Bhan, a resident of the state in the State Information Commission (SIC) on 3.7.2014 against the inaction of PIO and First Appellate Authority (FAA ) in providing him the required information as sought by him vide his RTI application dated: 10.3.2014.
Hearing of the case took place from time to time and ultimately final hearing was fixed on 17.4.2014 wherein M.M. Ghani, Divisional Manager-cum-FAA and ShamLal Sharma, Liaison Officer-cum-PIO attended. Appellant R K Bhan R/O Sarwal Jammu also attended the hearing.
The appellant R K Bhan filed an RTI application on 10.3.2014 seeking certain information from the Agro Industries Development Corporation. PIO Passed an order on 9.4.2014 providing part information to the information seeker. Appellant not being satisfied with the order of the PIO filed first appeal before the First Appellate Authority (FAA) on 12.4.2014. FAA passed an order on 12.6.2014 directing the appellant to appear in person before him on 20.6.2014 at Head Office LalMandi Srinagar to present his case so that information asked for is submitted to him. Aggrieved with the failure of FAA to pass an order, appellant filed second appeal before State Information Commission (SIC) on 3.7.2014 requesting therein to enable him to get the requisite information from the concerned public authority at an earliest. The Commission passed interim directions to the PIO and FAA to appear on the next date of hearing . It was mentioned in the interim directions that the Commission will issue summons under Section 15 of the J&K RTI Act 2009. Accordingly, PIO attended the hearing on 12.11.2014.
As per the details available the PIO had denied the information on some points mentioned in the RTI application on the plea that it was not available being old record. Information Seeker submitted that the information sought was already provided to the High Court at Jammu under Statement of Facts on 15.2.2014.
SIC order reads as: "PIO is directed to go through the copy of statement of facts and explain to the Commission why the information which was available on the date of passing order under Section 7 of State RTI Act was not given to the information seeker. It is astonishing to go through the note of PIO submitted by him to the Commission on 12.11.2014 stating therein that the rest of the information was being in process of collection from the records available at Head Office, LalMandi, but due to unfortunate floods, the Head office of the Corporation was submerged completely and the entire records got damaged and FIR was lodged in the concerned Police station. The respondent has not willfully or intentionally withheld any information".
SIC order further reads as: "Appellant had sought information vide his RTI application dated: 10.3.2014 and the floods took place in the month of September, 2014. PIO should have not wasted the precious time of five months and should have provided the requisite information to the information seeker. PIO has clearly violated the provisions of section 7 of the State RTI Act, 2009 by informing the information seeker that part of information was not traceable but as per the evidence brought on record by the information seeker the said information was provided to the Hon'ble High Court of J&K. This assertion of the information seeker has not been denied by the PIO.
Thus, prima facie there is a case of denying information malafidely and has not acted as per the mandate given to him by the Act. FAA has also failed to adjudicate the first appeal. He should have passed an order as per records available with him. PIO Shri Sham Lal Sharma is directed to provide the remaining information to the appellant.
The then Divisional Manager P&S Division-cum- PIO ShriGurdial Singh is also directed to explain why penalty may not be imposed on him as provided under section 17 of the State RTI Act, 2009 for giving incomplete information." |
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