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news details
Penalty proceedings against KAS officer dropped
There was no malafide intention: CIC
6/26/2018 10:41:17 PM
Early Times Report

Srinagar, June 26: The State Information Commission (SIC) has dropped penalty proceedings against a middle rung KAS officer who was earlier posted as Deputy Director Tourism.
While announcing the order Chief Information Commissioner (CIC) said the KAS officer who was earlier designated Public Information Officer (PIO) in the Directorate of Tourism had no malafide intention to suppress the information sought under Right to Information (RTI) Act.
Details available with Early Times reveal that penalty proceedings against Riyaz Ahmad Beigh, KAS, presently posted as SDM East Srinagar, came up for hearing before CIC Khurshid Ahmad Ganai on 19.06.2018. Mehmood Shah, Director Tourism Kashmir, who is also the First Appellate Authority (FAA), Masarat Hashim, Deputy Director Tourism Kashmir and present PIO, Reyaz Beigh, SDM(East) Srinagar, the then PIO/Dy. Director Tourism, Kashmir and appellant Ghulam Rasool attended the hearing.
During the proceedings, the present PIO/Dy. Director Tourism, Kashmir Masarat Hashim stated that information as sought by the appellant vide his RTI application dated 08.06.2017 (sent by post on 20.06.2017) has been provided to him. Appellant (Ghulam Rasool) contested that full information has still not been provided to him as yet.
In response to the notices and the previous orders of the SIC along with last order of the Commission dated 15.05.2018, Beigh stated before CIC that he deeply regrets the delay in providing the information but the same was not denied to the appellant. He further submitted that there was delay in collecting the information and subsequently the information, after being collected, was provided to the appellant and therefore he prayed before CIC that no penalty may be imposed upon him. He also submitted that there was neither malafide nor intentional delay in doing so.
CIC's final order reads: "The FAA/Director, Tourism, Kashmir and the present PIO/Dy. Director, Tourism, Kashmir, Mr Masarat Hashim assured that Tourism Department maintains very high standards of transparency and there is no question in denying information on the part of Reyaz Ahmad Beigh and the Commission may not impose any penalty upon him and that he has been a conscientious officer of the Department despite being physically handicapped. Keeping in view what has been stated by the Ex-PIO and also by the FAA/Director, Tourism Kashmir and the present PIO, it is ordered that no penalty shall be imposed upon the then PIO/Dy. Director Tourism Kashmir Mr. Reyaz Ahmad Beigh [Now SDM (East) Srinagar] as no malaide or deliberate or intentional delay has been established against the then PIO. However, the officer is advised to remain careful and prompt while dealing with the RTI applications as and when the same are put up to him in future. "As regards the submission of the appellant that he has still not received the complete information despite final orders passed by the Commission dated 09.05.2018 wherein the respondents were directed to provide the balance information to the appellant, the appellant is free to file complaint for non-compliance of the orders dated 09.05.2018 before the Commission. With the above directions, the penalty proceedings initiated against Reyaz Ahmad Beigh, the then PIO/Dy. Director Tourism, Kashmir, [Now SDM (East) Srinagar] are hereby dropped."
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