Early Times Report
Jammu, Jan 22: State Information Commission (SIC) is all set to penalise two Block Development Officers (BDOs) of Rural Development Department (RDD) Jammu as they have been found guilty of deliberately withholding information for one long year as the same sought under Right to Information Act (RTI) by a Jammu resident.
Details available with Early Times reveal that one Rakesh Zutshi R/O Kunjwan Jammu filed an RTI application dated: 01.08.2017 before BDO Chassana Resai that was send via registered post on 02.08.2017. Information seeker sought details of bills test checked by the then AEE, REW Reasi during his 40 days posting from 12.09.2015 to 23.10.2015. On the failure of the PIO to furnish information, the appellant filed First Appeal before ACD, Reasi on 08.09.2017 for issuance of a direction to the PIO to provide the requisite information to the appellant. The FAA disposed of the said appeal vide his order dated: 18.11.2017 with a direction to the respondent BDO, Chassana to provide point-wise information to the appellant within 10 days. Subsequently, the appellant filed 2nd appeal before the State Information Commission (SIC) on 24.01.2018 alleging that no information has been furnished by the PIO .
The appeal came up for hearing on 01.01.2019. The appellant Rakesh Zutshi did not attend. However, PIO / BDO Chassana Miran Baksh was present.
The assertion of the present PIO, Miran Baksh that he came to know about the pending RTI request only on 20/12/2018, when he received a communication from AC (D), Reasi cannot be accepted. He has joined as BDO, Chassana on 23.10.2018.
On 31.10.2018, State Information Commission (SIC) issued a notice to the PIO for appearance before the Commission and also for filing counter statement. "The said notice may have reached the PIO by the first week of November, 2018. At that point of time Miran Baksh was posted as BDO, Chassana. Therefore, he is equally responsible for not furnishing the information to the appellant " reads SICs order
"The then PIO/ Subash Dogra and the present PIO/ Miran Baksh are both responsible for denying information to the appellant. Therefore, a prima facie case is established against the then PIO/Mr. Subash Dogra and the present PIO/ Miran Baksh are liable for imposition of penalties as envisaged under section 17 of the J&K RTI Act, 2009 for their failure to furnish information to the appellant within the period specified under section 7 (1) of the J&K RTI Act, 2009 in proportion to the amount of delay caused by each of them in furnishing the requisite information. The Registry is accordingly directed to issue a show cause notice upon the then PIO/ Subash Dogra who is at present attached in the office of Director, Rural Development Department, Jammu and the present PIO/ Mr. Miran Baksh, BDO, Chassana asking them to explain as to why penalties as envisaged under section 17 of the J&K RTI Act, 2009 are not imposed upon them. They shall be asked to file their replies/explanations within a period of 15 days from the date of issuance of such show cause notice.
The present PIO/Mr. Miran Baksh, BDO, Chassana is also directed to furnish complete information to the appellant within a period of 02 weeks from the date of receipt of this order, failing which proceedings for noncompliance shall be initiated against him by the Commission " |
