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| Pay Rs 3000 as compensation to RTI applicants | | CIC directs DG Prisons | |
Srinagar May 29th
In an interesting case State Chief Information Commissioner (CIC) while exercising his powers under J&K RTI Act 2009 , has directed Director General Prisons (DG Prisons) J&K Government to pay Rs 3000 (Three Thousand ) as compensation to two information seekers who were denied information by the department without any justified reason. The information seekers were made to travel several times by the officers of the department and the information under RTI Act was still not provided to them.
Details available with Early Times reveals that information seeker Sheikh Gulam Rasool and others were not provided information sought under RTI. They also prayed before SIC for taking appropriate action against the respondents (Jail Superintendent) and imposition of penalty on the PIO under the provisions of the J&K RTI Act, 2009.
During the second appeal , the PIO stated that information had already been provided to the appellants vide his reference dated: 01.12.2017 and that he did it promptly after his joining as Jail Superintendent, Baramulla in late November, 2017 and before that the then PIO/Superintendent Jail, Baramulla had sent a reply dated: 23.09.2017.
The appellants conceded to have received the information from the PIO. The PIO also submitted the counter reply in the registry of State Information Commission on 11.04.2018, copy of which was provided by SIC to the appellants (Sheikh and Adeela) during the hearing who sought time to go through the same and file the rejoinder accordingly.
CIC in its final order ruled, “The said First Appellate Authority (FAA) has consistently absented himself from the hearings and has, therefore, violated the provisions of the J&K RTI Act, 2009 pertaining to second appeal under section 16. In addition the FAA who has been identified as DIG, Jails in the office of the DG, Prisons J&K has also been found to be in default for non performance of the functions of the FAA under section 16 of the Act, thereby violation of the J&K RTI Act, 2009. The Commission is of the view that the appellants deserve to be compensated and accordingly in terms of powers vested in the SIC under section 16(9)(b), a lump sum amount of Rs. 3000/- (Rs. Three Thousand only) is awarded as compensation in favour of the appellants to be paid to them by the Public Authority i.e. office of the DG, Prisons, J&K. With these observations and directions the appeal is disposed off”.
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