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| SIC drops charges against BDOs for complainant's absence | | | Early Times Report
Srinagar, Aug 1: The State Information Commission (SIC) in an interesting case has dropped penalty charges under section 17 of J&K RTI Act 2009 against two Block Development Officers (BDOs) in Baramulla district as the complainant failed to appear before the Commission to plead his case.
The State Information Commission (SIC) had issued several notices to the complainant but he failed to be present in the commission during several case hearings and thus BDOs who could have been penalized were let off by the commission.
Details available with Early Times reveal that an RTI application as filed by one Ghulam Mohiuddin Dar a resident of Sagipora Zainageer , district Baramulla before the BDO, Tujjer Sharief who is also the designated Public Informaton Officer (PIO) on 06.03.2017. Dar sought information on 18 points relating to developmental works in the said Block.
The complainant has alleged before SIC that despite lapse of specified time limit, the requisite information was not provided to him by the PIO. He also contended that the intentional and deliberate delay in providing information is extremely bad in law and prayed that negligent BDOs be dealt as per the relevant provisions of the J&K RTI Act 2009. The complainant further request that the concerned PIO (BDO) be directed to provide requisite information as per his RTI application dated 06.03.2018.
During the proceedings before SIC the PIO provided an opportunity to Ghulam Mohiudin Dar the complainant to visit his office on 25thNovember 2011 to receive the information. Accordingly, the hearing in the complaint was adjourned by SIC with a direction to the complainant to visit the office of BDO on November 25th 2017 and the PIO/ BDO was directed to provide the information directed to provide the information.
The complaint again came up for hearing on 26.12.2017. Gh. MohiudDin attended the hearing. The PIO / BDO concerned did not attended the hearing. The complainant alleged that some contractors have threatened him threatened him and made it impossible for him to reach the BDO office on November 25th 2018.
In view of absence of the respondent BDO / PIO hearing in the complaint was adjourned with the directions directions to PIO to ensure his presence on the next date of hearing.
The complaint again came up for hearing on 19.06.2018. Sarfaraz Ahmad Bhat PIO/ Incharge BDO Tujjer Sharief attended the hearing at SIC office Srinagar . The complainant did not attend. During the proceedings BDO incharge / PIO submitted that some of the information has been provided to the complainant. Moreover, he was askedvide communication dated 21.11.2017 to attend the office.
The hearing in the complaint was again adjourned with the observation the observation that although the complainant failed to attend the office of the PIO on 25.11.2017, but the PIO should have sent the information to the complainant through registered post.
Both the BDOs were directed to file written statements in their defence within a period of 20 days from the date of hearing i.e. 19.06.2018. Finally, the complaint again came up for hearing on July 4th 2018. The complainant did not attend.
On the allegations of the complainant that he could not attend the office of the PIO on 25.11.2017 to collect the information due to threat, the PIO submitted that nothing of the sort was reported to them by the complainant otherwise, they would have taken action under rules against any such person. under rules Regarding nonappearance before the Commission on 26.12.2018, the PIO submitted an explanation explaining the reasons for non appearance during the last hearing and prayed that the penalty proceedings be dropped against them.
SIC's ordered:
"In view of the written submissions of both the BDOs namely Shri Ghulam Nabi Andrabi the then PIO / BDO Tujjer Sharief (now BDO Boniyar) and also the present PIO, Mr. Sarfaraz Ahmad Bhat BDO Zainageer Bhat, holding the additional charge of Tujjer Sharief block vide letter 2/7/2018 vide letter dated 02.07.2018 said that the information has been sent to the complainant by registered post on 19.06.2018 and in view of repeated failure of the complaint to attend the hearings in the commission, the complaint filed before the Commission is dismissed . Further in view of the submissions made by PIO explaining reasons for non appearance before commission are accepted by the commission after due perusal, the penalty proceedings initiated against Sh. Gh. Nabi Andrabi, the then PIO/BDO Tujjer Sharief (now BDO Boniyar ) Sharief and also the present PIO, Mr. Sarfaraz Ahmad Bhat BDO Zainageer holding additional charge of Tujjer Sharief are hereby dropped |
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