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| Disrespecting J&K RTI Act: SIC issues notice to ACD Doda, BDO | | | Early Times Report
Jammu, Apr 28: After making serious remarks against the Department of Rural Development (RDD) recently for being habitual offenders vis-a-vis sharing of information under RTI Act, the State Information Commission (SIC) continues to build pressure on the erring officers of this department.
In a fresh case, the SIC has issued notices to the Assistant Commissioner Development (ACD) Doda and a Block Development Officer (BDO) of Jakyas block. The SIC has asked BDO to explain why he should not be penalized for disrespecting J&K RTI Act 2009, while the ACD has been asked to explain his position for remaining absent during a second appeal hearing at Jammu.
Details available with Early Times reveal that one Farhat Abbas Malik, a resident of village Tindala in Doda filed an RTI application before PIO/BDO, Jakyas on 22.03.2018. As he got no response from the BDO, the information seeker filed first appeal before the ACD Doda who is the First Appellate Authority (FAA). But the FAA/ACD also failed to ensure information was provided to the RTI applicant. Finally, Farhat filed second appeal before the SIC.
The appeal came up for hearing before the SIC on 31.01.2019. Farhat was present, but the ACD Doda and BDO Jakyas were absent. The hearing was adjourned with a direction to the PIO (BDO) to file counter statement and also to provide information to Farhat. The PIO (BDO) was also directed to be present on the next date of hearing.
The appeal again came up for hearing before the Commission on 15.03.2019. Farhat was present in person and once again both BDO(PIO) and ACD were not present. The respondents did not appear on the last hearing held on 31.01.2019 also. The PIO not only failed to appear before the Commission during second hearing but has also failed to file counter statement as well, and this was viewed very seriously by the Information Commissioner Mohammad Ashraf Mir.
The SIC while disposing off the appeal said that PIO (BDO Jakyas) has failed to provide information to Farhat within the specified period of 30 days. "He has deemed to have refused the request for information. By doing so, he has become liable to penalties under section 17 of the J&K RTI Act. The PIO has also shown scant regard for the directions issued by this Commission in this appeal " reads the order. The order further reads: "Similarly, the FAA (ACD Doda) has also failed to discharge his statutory duties in his capacity as FAA by not deciding the 1st appeal within the statutory period. The PIO/BDO, Jakyas is directed to provide information to the appellant within a period of 10 days. Registry is directed to issue a notice to PIO/BDO, Jakyas to show cause as to why penalties as envisaged under section 17 of the J&K RTI Act, 2009 shall not be imposed upon him for denying information to the appellant. A show cause notice shall also be served by the Registry upon FAA/AC (D), Doda asking him to explain as to why he shall not be reported to the government for having failed to discharge his duties under the RTI Act. Both the PIO and the FAA shall be directed to file their replies to the show cause notices within a period of 15 days from the date of issue of notices failing which necessary penalties shall be imposed upon them by the Commission."
Pertinently, SIC had earlier advised Secretary Rural Development to take action against several officers of RDD which includes ACDs/BDOs of Rajouri, Kishtwar, Ramban and Doda districts who have constantly violated the provisions of J&K RTI Act 2009. |
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