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| SIC dismisses appeal for continued absence of applicant | | | Early Times Report
Jammu, July 10: As RTI appellant failed to present himself twice before the State Information Commission (SIC), the commission dismissed the appeal on the grounds that RTI appellant was not taking SIC's notices seriously.
Details available with Early Times reveal that two RTI applications were filed by one Lekh Raj R/O Goli Bagh district Doda. One application was file with BDO, Khellani and another with BDO, Assar, both dated 07-11-2017 seeking similar information about CDF , NREGA works , MP LAD , 13th FC . Information seeker also sought details of construction of lavatories under IHHL
Both the PIOs, BDO Khellani and BDO, Assar vide their communication dated 17-11-2017 and 12-12-2017 respectively informed the applicant that the information sought was voluminous and was asked to attend the office of the PIOs for inspection of records. The RTI application filed by the applicant was received by BDO, Khellani on 15-11-2017, while as the same was received by BDO Assar on 13-11-2017.
RTI applicant choose not to avail the opportunity of having inspection of records and instead filed two separate 1st appeals with the First Appellate Authority (FAA) / ACD, Doda against BDO Assar and BDO Khellani on 11-12- 2017 and 16-12-2017 respectively. During the hearing of 1st appeal before the FAA, the applicant denied to have received the communication from BDO Assar and BDO Khellani regarding inspection of records. The FAA accordingly disposed of both the 1 st appeals vide order dated 30-01-2018 directing both the BDO, Assar & Khellani to provide another opportunity to the applicant for inspection of records. Subsequently the applicant filed a 2nd appeal before the State Information Commission (SIC) on 02-04-2018 alleging thereunder that he approached both PIOs, (BDO Assar and BDO Khellani) in pursuance to directions of the FAA, but both PIOS refused to provide the information. He accordingly prayed that the requisite information be provided to him and appropriate penalty be imposed on the defaulting PIOs, for not providing the information to him till date.
The appeal came up for hearing before the State Information Commission (SIC) on 25-05-2018. Ashfaq Ahmad, BDO Khalleni and Irshad Ahmad, BDO Assar were present during the hearing while as the appellant was not present.
The FAA/ ACD Doda disposed of the 1st appeals with direction to the PIOs to provide an opportunity to the appellant for inspection of records.
Accordingly, the appellant was provided another opportunity of inspection the records by BDO Assar vide his communication dated 14-02-2018 and by BDO Khellani vide communication dated 15-02-2018. Both the PIOs provided postal receipt in support of their claim of having sent the communication to the appellant. Yet again the appellant choose to not avail opportunity of inspection of records and filed 2 nd appeal before SIC. The SIC adjourned the appeal and directed the appellant to avail the opportunity of inspection of records and thereafter submit a list of documents/records required by him to the concerned PIOs so that the information is furnished to him.
The appeal again came up for the hearing before State Information Commission today on 27-06-2018. Both the PIOs were present and the appellant was again not present during the hearing.
SIC orderered that continued absence of the appellant during consecutive hearings of the appeal before the Commission and also not availing the opportunity provided to the appellant by the PIOs for having inspection of records indicates that the appellant is actually not interested in getting the information asked for by him. In terms of sub-section (1) of section 2 of the J&K RTI Act 2009, the Right to Information includes the inspection of records/documents. In view of the refusal of the appellant to avail the opportunities granted by the PIOs, there is no merit in the appeal filed by the appellant. The same is accordingly dismissed " |
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