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| `All DDCs are PIOs under RTI Act' | | | Early Times Report
Jammu, Mar 22: All the District Development Commissioners are deemed to be the PIOs because they have not responded to the Directorate's communication referred to above. A separate show cause notice for all the District Development Commissioners is being issued for initiating penalty proceedings under Section 17 of the Act. This was stated by the State Chief Information Commissioner while tasking cognizance of a complaint filed by Chowdhary Nek Alam against the PIO, Directorate of Tribal Affairs (DTA), J&K.
The complainant had filed an RTI application before the PIO of Directorate of Tribal Affairs, J&K. Though there is no mention in the application with regard to the date of filing the same, but in his complaint to this Commission he has stated that he filed RTI application on 29.05.2011 seeking information about funds allotted by the Govt. of India under SCA to TSP and Article 275(1) w.e.f. 1991 to 2011,District wise distribution of the said funds w.e.f. 1991 to 2011, the name of the agency which is utilizing these funds.
The Commissioner held that the information sought was to be given to the information seeker as expeditiously as possible but not later than 30 days from the receipt of RTI application. Fareed Ahmad, Assistant Director who is PIO of DTA has submitted that he has been designated as PIO on 16.02.2012. The State RTI Act has come into force w.e.f. March 2009 which is now 3 years old and Tribal Affairs Department has been established in September 2008.
The Commission is informed that it falls under the administrative control of Commr/Secretary to Government, Social Welfare Department, J&K. As per Section 5 of the Act every Public Authority (Commr./Secretary to Govt., Social Welfare Department in this case) "shall, within one hundred days of the commencement of the Act, designate as many officers as the Public Information Officers in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under the Act." Similarly 1sat Appellate Authority was to be designated by the Public Authority. It is sad commentary on the inaction of such Public Authorities that even after 3 years of commencement of this Act. They have not even prepared the basic duty of appointing PIOs and 1st Appellate Authorities. Fareed Ahmad PIO has informed this Commission that the Director TA had written to the Commr/Secretary to Govt., Social Welfare Department for providing this information as the said information was not available with this newly established office.
Similarly in another letter No. DTA/Acctts/11/357-80 dated 27.07.2011the Director TA has written to all the District Development Commissioners for providing the said information as this information was not available with him. It is unfortunate that even the Director TA has not dealt with the matter in accordance with the provisions of State RTI Act 2009. He has dealt with the matter purely in executive and administrative manner and not as a quasi-judicial authority under the Act. It is also observed that most of the Government authorities inspite of being told about the various time limitations laid down in the Act are not bothering to read the relevant provisions of this Act and implement the same. If the information was not available with the Directorate of TA, under Section 6(3) this application should have been transferred to the concerned department with a copy to the information seeker. The Directorate of TA has provided whatever information was available with him to the complainant vide his letter No: DTA/Acctts/11/355-56 dated 27.07.2011. The complainant is advised that whenever he wants to use the State RTI Act he should adopt the procedure laid down in the Act. If the PIO does not pass an order within the maximum period of 30 days then he should first file 1st appeal before the 1st Appellate Authority and if this is also not disposed of within stipulated period of time then he should come with 2nd Appeal before this Commission. These guidelines have been laid down by the Supreme Court of India.The complaint is accordingly disposed. |
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