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| Now SIC's axe to fall on Tehsildar Khansahib | | Penalty proceeding under RTI | | Early Times Report
Srinagar, Aug 6: After penalizing Assistant Director Food Civil Supplies & Consumer Affairs (FCS & CA) Ganderbal and Block Development Officer (BDO) from Ramban District , the State Information Commission (SIC) is all set to penalize a Tehsildar who is presently posted in Khansahib Budgam. The officer had wilfully denied information to an RTI applicant while he was posted as Tehsildar Eidgah Srinagar. SIC has already issued a penalty show cause notice to him.
Details available with Early Times reveal that one Ashiq Hussain Wani a resident of Tarabal Nawakadal , Srinagar filed an RTI application on 24.08.2017 in the office of Tehsildar, Eidgah, Srinagar. Tehsildar who is also the designated Public Information Officer (PIO) sought certified copies of civil suit titled Riyaz Ahmad and others V/s Fayaz Ahmad and others. In addition to it he sought information about the next date of hearing of this case pending before the High court. As Tehsildar failed to provide information, the applicant filed First Appeal with the concerned Sub Divisional Magistrate (SDM) of Srinagar district who is also the designated First Appellate Authority (FAA) on 16.12.2018. The appeal was disposed of by the SDM / FAA on 13.03.2018 directing the PIO to provide information to the appellant within one day positively. In pursuance of the said order, the PIO furnished the Photostat copy of the civil suit titled Riyaz Ahmad and others V/s Fayaz Ahmad and others to the applicant on 22.03.2018.
Not satisfied with the information provided by the Tehsildar Eiggah / PIO, the applicant filed 2nd appeal before the State Information Commission (SIC) on 23.04.2018. The appeal came up for hearing before the Commission on 06.07.2018. Nuzhat Khursheed, PIO/Tehsildar Eidgah, Srinagar was present. Appellant Ashiq Hussain Wani was present along with his counsel. The appellant submitted that in response to Point 1 of his RTI application, the PIO has furnished a photostat copy of the civil suit titled Riyaz Ahamd and others V/s Fayaz Ahmad and others. He submitted that he had asked for certified copies of the suit, as no such suit has been filed by Riyaz Ahmad nor is any such suit pending in the court of Principal District judge, Srinagar. The Photostat copy furnished by the PIO is a fake document appellant alleges before SIC. The appellant also submitted that no information has been provided by the PIO in respect of Point-2 of RTI application wherein he had sought the date of next hearing of the suit in the court of law. The copy of the civil suit as mentioned in the report of the then Tehsildar has been furnished by the PIO to the appellant on 22.03.2018.
SIC order reads as: "The Commission feels that there has been a considerable delay in furnishing the information to the appellant. The RTI application has been filed by the appellant on 24.08.2017, the information has been provided to him on 22.03.2018. Besides, the FAA has also not disposed of the First Appeal within the specified period. The said appeal was filed on 16.12.2017 and was disposed of by the FAA on 13.03.2018.
He is therefore liable to penalty under Section-17 of the Act for not providing information within the period specified under Section 7(1) of the Act. Registry is directed to issue a show cause notice to Mr. Qawam-ud-Din, the then Tehsildar Eidgah at his present official address by name directing him to show cause as to why penalty as envisaged under Seciton-17 shall not be imposed upon him. |
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