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| Rs 25 K slapped on Ex GM SICOP for alleged delay to RTI | | Present incumbent also served with Rs 16500 as penalty | | Sumit Sharma
Jammu, Sept 1: In a landmark judgement the Jammu and Kashmir State Information Commission (SIC) has slapped a penalty of Rs 25000 on then GM SICOP Anoop Anand and Rs 16500 to present incumbent, Rajesh Thakur for alleged delay to submit information to RTI query under the provisions of Right to Information Act, 2009.
In its verdict No SIC-J/A/97/2012, the Commission stated that there is a delay of 164 days by the then PIO, J&K SICOP Anoop Anand and thus the commission imposes a fine of Rs. 41,000/-. "But as the total amount of such penalty shall not exceed Rs. 25,000/- U/s 17 clause (1) under J&K RTI Act, 2009, therefore an amount of Rs. 25,000/- is worked out and imposed as penalty on Anoop Anand, the then PIO, SICOP, it said.
Meanwhile, further indicting the present incumbent GM-SICOP (PIO) for delaying due information to the information seeker to 66 days, the commission imposes a fine amounting to Rs. 16,500/. "The Drawing and Disbursing Officer (DDO) in the office of J&K SICOP, Rail Head Complex, Udyog Bhawan, Jammu and SICOP, Head Office Boullevard Road, Srinagar will ensure deduction of Rs. 25,000/- and Rs. 16,500/- from the salaries of Anoop Anand, the then PIO/General Manager, J&K SICOP and Rajesh Thakur at present PIO/General Manager (Admn), SICOP in 3 equal installments as provided in Rule 36 (3) of J&K State RTI Rules, 2010, the SIC order said further adding, "the same shall be remit to the Government Account with an intimation to this Commission."
The SIC order further stated that in case of any default committed by the DDO in this regard, he (DDO) will be personally liable for making the payments toward the Government account. This order has to be complied with within 15 days from the date of receipt of the order.
The SIC, however, added that the duo of Anoop Anand, the then PIO/General Manager, J&K SICOP and Rajesh Thakur PIO/General Manager, J&K SICOP, Head Office Boullevard Road, Srinagar Rail Head Complex, Udhyog Bhawan, Jammu is at liberty to file a Review Petition before this Commission for review of this order as provided under Rule 36 Clause (4) of J&K RTI Rules, 2010".
The penalty was imposed on both the PIOs of the SICOP after the information seeker namely Madan Mohan R/o Vichar Kranti Manch International, 208/5 Channi Himmat, Jammu filed a complaint before the commission against the PIO, J&K SICOP Jammu alleging that he did not get information sought by him within the statutory period as specified in the State RTI Act.
The RTI query sought a list of appointments made in the SICOP during last three years with names of people appointed with their residential addresses, mode of appointments made, names of the post, whether advertised as per rule, name and designation of the appointing officer, name and designation of the authority who gave sanction to make appointments, whether the vacancies existed as approved by board of directors.
Earlier also, the information seeker had filed an appeal on 06-11-2011 before the 1st Appellate Authority i.e. Managing Director, J&K SICOP who also failed to discharge his duty. The complainant also filed a complaint before this Commission on 13-02-2012. As the PIO failed to file reply/counter statement in response to Commission's notice. However, following a notice served on 04-05-2012 to PIO, Rajesh Thakur, General Manager/PIO, J&K SICOP attended the hearing and informed the Commission that he assumed charge as PIO on 12-03-2012 and identified the then PIO Anoop Anand, General Manager, J&K SICOP. Meanwhile, Commission vide its order no. SIC-J-C-39-12 dated 17-05-2012 directed the PIO to provide information to the information seeker within 2 weeks from the pronouncement of the order while the then PIO Anoop Anand was directed to explain why penalty U/s 17 of State RTI Act, 2009 may not be imposed for not providing the information sought by the information seeker. A show cause notice was issued for filing reply to the then PIO Anoop Anand on 18-07-2012 which was turned to deaf ear. In the meantime, present PIO, Rajesh Thakur, General Manager, J&K SICOP filed his reply but Commission considered the reply failing to give any reasonable cause for delay in providing the information which is against the spirit of the State RTI Act 2009. Further the present PIO has not complied with the order of the commission in providing information in full within two weeks from the pronouncement of the order which he had agreed to during the hearing on 17.05.2012. |
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