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| SIC puts Tehsildar Kulgam on penalty notice | | Denied information about ancestral land | | Early Times Report
Srinagar, Jan 13 : As the Tehsildar Kulgam who also happens to be the Public Information Officer (PIO) made un necessary delay in providing information to a Kashmiri Pandit migrant about his ancestral land located in Kulgam district of South Kashmir , the State Information Commission (SIC) has now send a notice to the erring Tehsildar asking him why he should not be penalized for not dispatching the information to the applicant which he sought under J&K Right to Information Act 2009 .
As per details available with Early Times one Surinder Kumar Munshi filed an RTI application before PIO in the office of DC Kulgam requesting for information under the RTI Act i.e. Intikhab Jamabandi of his ancestral land property/girdawari situated at village Khrewan Chader under various khasra NOs given in the RTI application.
The information seeker filed First Appeal before DC Kulgam on 16.08.2014 on the ground that no response has been received from PIO O/o DC Kulgam. Thereafter, 2nd appeal has been filed before State Information Commission (SIC) on 24.11.2014 as the 1st appeal was not disposed off by the DC Kulgam who happens to be the First Appellate Authority (FAA).
PIO/ADC Kulgam and First Appellate Authority(DC Kulgam) filed their reply/counter statement before SIC office Srinagar which states that the RTI application was filed by information seeker which was received by post on 08.07.2014 and the same was transferred to Tehsildar Kulgam on 29.07.2014 under Section 6(3) for providing information to the applicant directly. The First Appeal filed by the information seeker Surinder Kumar Munshi was received by Deputy Commissioner Kulgam (FAA) on 21.08.2014.
Upon receipt of the appeal Tehsildar Kulgam was again directed on 02.09.2014 to provide information to the information seeker by giving the matter top most priority till the appeal was disposed of.
In response to SIC's another communication, Tehsildar Kulgam submitted information before DC Kulgam on 18.10.201 and the same was sent to the information seeker on 20.10.2014. Tehsildar (Hqr) produced copy of letter dated 20.10.2014 before SIC addressed to information seeker/appellant enclosing letter of Tehsildar Kulgam dated 18.10.2014.
Tehsildar (Hqr) submitted before SIC during its hearing on December 22nd that information has been sent to Mr Munshi which was acknowledged on phone as well . However SIC directed the PIO that he shall ensure that the information has been sent through prescribed mode of service.
While issuing the notice to the PIO (Tehsildar Kulgam) the Information Commissioner Nazir Ahmad in his orders said , which reads as , " In so far as delay is concerned, RTI application has been transferred to Tehsildar Kulgam on 29.07.2014 and it remained pending with him till 18.10.2014. Therefore, Tehsildar Kulgam is the deemed PIO and he is directed to explain as to why penalty proceedings should not be initiated against him as per provisions of Section 17 of the Act for delay in disposing of the RTI application. His explanation, if any, should reach the Commission within 2 weeks from receipt of this order" |
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