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| SMC misplaces building permission file | | SIC directs Commissioner to hold enquiry | | Early Times Report
Srinagar, Oct 1: The State Information Commission (SIC) has directed the Commissioner Srinagar Municipal Corporation (SMC) to hold a time bound enquiry into a building permission file which has went missing in the office of the SMC.
An information seeker had sought some details about the file under RTI Act, and when the information was denied the matter came into the notice of SIC.
Details available with Early Times reveal that the applicant, Abdul Ahad Bhat, of Gow Kadal, Srinagar, filed second appeal before the SIC stating that he submitted an application to PIO SMC Srinagar seeking some details about building permission given in his area. Even after expiry of stipulated time period of 35 days, no information was disseminated by the PIO. Thereafter, Bhat filed First Appeal before the concerned Commissioneron 25.02.2016, but not information was provided to him again. He accordingly requested the Commission to take action against PIO and provide him the desired information.
During proceedings in the Commission on 26.05.2016, following directions were issued, which were conveyed to the respondents vide Notice Dated 31.05.2016:
1. "PIO SMC was directed to provide copy of communication dated 17.05.2016 along with documentary proof to Jt. Commissioner
2 . (Planning), SMC Srinagar and Ward Officer, Ward No. 32 SMC to whom RTI application has been transferred by PIO SMC. 2. Jt. Commissioner (Planning), SMC Srinagar and Ward Officer, Ward No. 32 SMC were directed to given response to the queries of the RTI application within one week and also file reply/counter statement explaining their position"
3. The case was heard on 16.06.2016 and interim orders were issued with following directions conveyed vide notice dated 22.06.2016:
"Commissioner SMC shall hold an enquiry into the matter regarding missing of original building permission file containing order No. 1007 dated 08.08.2014 and abeyance order No.1772 of 2014 dated 03.12.2014 and the report of Chief Enforcement Officer and Divisional Town Planner. This enquiry should be held in a time bound manner within two weeksand inform Commission about outcome of the enquiry. 2. The Commission directs, Chief Enforcement Officer to submit his report with regard to Point-1 and Point 2 of RTI application. 3. PIO shall trace reference of communication given at Point-3 of application and provide copy of disposal/report of letter No.SMC/Fros/115-17 dated 27.02.2015. 4. Registry to issue notice to PIO, JCP and Chief Enforcement Officer to appear on next date of hearing with relevant records. Further, JCP and Chief Enforcement Officer are directed to file reply counter statement along with documentary evidence with regard to the transfer of the RTI application by the PIO on 11.01.2016 followed by reminders dated 27.01.2016 and 10.02.2016. These directions be complied with within two weeks."
SIC's latest order reads: "During proceedings in the Commission on 06.09.2016 PIO SMC submitted that the directions of the Commission conveyed vide notice dated 22.06.2016 could not be complied due to prevailing law and order situation and accordingly requested for grant of 10 days time. Accordingly, the case was adjourned with directions to Jt. Commissioner Works and Chief Enforcement Officer to file their report to the PIO who will forward it to the Commission in a compiled form. These directions were conveyed vide notice dated 08.09.2016."
SIC order further reads: "The Commission has noted that directions passed by the Commission during various hearings have been complied with. However, the enquiry report ordered by Commissioner SMC, through Jt. Commissioner (Works) regarding missing of original building permission files have not been submitted. Accordingly, Commission directs Commissioner SMC to explain delay in concluding enquiry and expedite it under intimation to the Commission.
"Further, Commissioner SMC shall take action against defaulting officers/officials under conduct rules under intimation to the Commission. As regards delay, the Commission directs the then Jt. Commissioner Planning) SMC and Chief Enforcement Officer SMC to explain as to why penalty proceedings under Section 17 shall not be initiated against them for delay in responding the RTI application, which has been transferred to them by the PIO SMC vide No. SMC/Genrl/1557-59 dated 10.02.2016. Their explanations, if any, should be filed within two weeks." |
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