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| SIC issues penalty notice against CMO Budgam | | For not attending RTI hearing | | Early Times Report
Srinagar, June 1: As Chief Medical Officer (CMO) Budgam, who is also the designated Public Information Officer (PIO) under JK RTI Act 2009, failed to appear before two constitutive hearings at the State Information Commission (SIC), the commission took serious note of it and put the officer on penalty notice.
Details available with Early Times reveal that an information seeker namely Shah Farooq had filed an application under JK RTI Act 2009 with Public Information Officer (PIO)/Chief Medical Officer, Budgam seeking some information. Not satisfied with the disposal of RTI request by the PIO, the information seeker filed first appeal in the Directorate of Health Services, Kashmir (DHSK) on 28.12.2018.
Again aggrieved by the disposal of the first appeal at DHSK, the aggrieved information seeker went to SIC where he filed second appeal on 01.03.2019. The appellant submitted before commission that in view of failure of the respondent PIO in furnishing in the requisite information within the prescribed time frame, the PIO be directed to provide him the requisite information without any further delay and that the PIO be dealt with strictly as per the provisions of the J&K RTI Act for causing delay in providing him the requisite information within the prescribed time frame.
The appeal came up for hearing before the SIC on 17.04.2019. None of the parties attended the hearing. The hearing was adjourned with directions to PIO/CMO Budgam to furnish information to the appellant within a period of 15 days and file compliance report before the Commission. The PIO was further directed to file counter statement in the appeal besides showing cause as to why he failed to attend the hearing in the Commission. The appeal again came up for hearing before the Commission on 20.05.2019. the appellant attended the hearing. The PIO/CMO again failed to attend the hearing before the Commission.
The non-appearance of the PIO on consecutive hearings of the Commission despite advance notices issued by the registry of the Commission was viewed seriously by the Commission. During the proceedings, the appellant admitted receipt of entire information and expressed his satisfaction over the same. However, the appellant submitted that there has been substantial delay on the part of the PIO in providing him the requested information.
While disposing off the appeal SIC observed: “Since the appellant admitted to have received the entire information and also expressed his satisfaction over the same, nothing further survives for adjudication in this appeal and the same is disposed of.
“However, Registry is directed to issue a show cause notice to the PIO/CMO Budgam directing him to explain as to why penalties as envisaged under the provisions of the Act shall not be imposed upon him for his failure to provide information to the appellant within the period specified in Section-7(1) of the J&K RTI Act, 2009 and also for his non-cooperation with the Commission in deciding this appeal failure in attending consecutive hearings before Commission. He shall also be directed to file written explanation before the Commission within two weeks.” |
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