news details |
|
|
| Info on mobile tower denied: SIC puts RD PCB on penalty notice | | | Early Times Report
Srinagar, Feb 17: The State Information Commission (SIC) has issued penalty notice against the Regional Director (RD) State Pollution Control Board for his failure to provide information about installation of a mobile tower which according to information seeker would create noise pollution in his village. The Regional Director who is also the Public Information Officer (PIO) of the board has been asked to provide complete information under J&K RTI Act 2009 to the information seeker.
Details available with Early Times reveal that an information seeker Arshad Hussain Zargar a resident of Bogund Kulgam in South Kashmir sought following details about NOC' obtained from several departments and pre-requisition/parameters of Pollution Control Board for giving permission to install a Mobile Tower in village Bogund Kulgam. In addition to it several information on several other points was also sought vis a vis installation of a mobile tower in the area.
As the information seeker did not receive any information, he filed First appeal beyond the prescribed time limit before Member Secretary / First Appellate Authority (FAA) on 12.05.2015 .The Member Secretary, J&K State Pollution Control Board (SPCB) /FAA responded to the First Appeal on 21.05.2015 without any mention of (FAA) considerable delay in filing First Appeal by the appellant. The Member / Secretary PCB (FAA) under State RTI law was required to seek sufficient reasons from the appellant for condonation of delay and if satisfied with the reasons given by the appellant.
The FAA was empowered to reject the said appeal. However, as there is no such order, it was deemed that FAA has condoned the delay. Secondly it is not seen from the records whether FAA has heard the appellant as well as PIO because while discharging his duties as FAA, wherein he becomes a quasi-judicial authority. Second Appeal was also been filed lately by the appellant by few days which has been condoned after considering reasons and explanation of the appellant.
Order issued by CIC reads:"The Commission has heard representative of the appellant and found that there is no response to the RTI application within 30 days of the receipt. Hence penalty proceedings under Section 17 of the Act are initiated against Mohammad Shafi Kenu, Regional Director, Kashmir cum PIO who is directed to explain his position, within 15 days from receipt of this order. The Commission has found that there was some kind of response given by the authorities as late as 24.03.2015 to the appellant. First Appeal has also been decided though filed very late. However, appellant insistence is that he has sought specific information on 8 points which has not been provided to him till date. During hearing and in the rejoinder, the respondents have pleaded that most of the information sought does not pertain to them and information has been given on some other points in response to another application of the applicant. After going through these responses, the Commission is constrained to observe that the respondents have not replied to the RTI queries in accordance with the provisions of J&K RTI Act, 2009. The response seems to be an administrative response. The authorities should know that term 'information' has been defined under Section 2 of the Act. Every point of the information sought is to be responded. The appellants RTI application dated 26.08.2014 which is the subject matter of proceedings before the Commission is quite lucid and explanatory. The appellant wanted information on specific points. PIO is therefore directed to reply to the queries of the RTI application in accordance with the RTI Act and information be provided as per available record. For this purpose PIO should pass such order within 8 days from receipt of the order of the Commission and intimate the Commission regarding compliance of the order." |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
