Daily Excelsior: Jammu: Tuesday, June 26, 2018.
Several
officers of the State Government are not feeling comfortable with the
transparency law and willfully creating obstacles in timely disposal of
applications and appeals under Jammu and Kashmir Right to Information Act. This
can be gauged from the response of DIG Prisons and Superintendent of Jail to
the proceedings before the State Information Commission, which has reprimanded
both the officers and sought explanation before writing to the Home Department
about their conduct.
As per the
case before the State Information Commission, an RTI application was filed
before the Public Information Officer/Superintendent Central Jail Srinagar
seeking information on certain important points. However, the PIO failed to
provide requisite information to the applicant within the stipulated time which
prompted the applicant to file first appeal before the First Appellate Authority/DIG
in the office of the Director General Prisons.
Though PIO
later provided part information but the DIG didn’t even hear the first appeal
as such the appellant filed the 2nd appeal before the State Information
Commission with the plea that he should be provided full information and
penalty as per the provisions of J&K RTI Act may be imposed upon the DIG
Prisons and Superintendent Central Jail Srinagar.
When the
second appeal filed by Dr Sheikh Ghulam Rasool first came up for hearing on
April 12, 2018, the respondents—DIG Prisons and Superintendent Central Jail
Srinagar failed to turn up as such the Commission issued a notice vide No.
SIC/K/SA/30/2018/ 1153-54 dated April 18, 2018 to both the respondents.
During the
course of hearing on May 15, 2018, the conduct of Superintendent Central Jail
Srinagar was found to be unbecoming of an officer who has been given the
responsibility of looking after an important institution like Central Jail
Srinagar. While PIO gave vague reasons for non-attendance on April 12, 2018,
the FAA/DIG Prisons completely not responded to the Commission’s notice.
Accordingly,
the Chief Information Commissioner Khurshid Ganai directed Superintendent
Central Jail Srinagar to explain as to why penalty under Section 17 may not be
imposed upon him for violation of Section 7(1) and for providing incomplete
information to the RTI applicant although delayed by more than one month.
Moreover, the
FAA, who is reportedly the DIG in the office of the DG Prisons, was asked to
explain the violation of RTI Act by him under Section 16 as the FAA and
therefore why this violation may not be reported to his Administrative
Department-Home Department.
Finally, when
the second appeal came up for hearing before the Chief Information Commissioner
few days back, PIO/Superintendent Central Jail Srinagar appeared before the
Commission and made submissions vis-à-vis furnishing of information, which
however was denied by the appellant.
“The
Commission has taken a serious view of the failure of the FAA/DIG Prisons to
attend the hearings from time to time in the second appeal. The Commission has
also taken strong note of the conduct of the FAA, who vide interim order dated
May 15, 2015 was directed to explain the violation of RTI Act by him under
Section 16 as the FAA and was directed to explain as to why this violation on
his part may not be reported to the Home Department”, Chief Information
Commissioner has observed.
The FAA has
not only failed in attending hearings but has also failed to give any written
response with regard to his failure in attending previous hearings in the
Commission, the CIC said while directing the Registry to issue show cause
notice to the FAA/DIG Prisons to explain his conduct within a period of 10
days.
Moreover, the
PIO/Superintendent Jail has been directed to explain as to why he failed to
respond to the RTI applicant within the stipulated time as per the provisions
of the J&K RTI Act. “His reply should reach the Commission within a period
of 15 days failing which action under rules shall be initiated against him”,
the CIC said.
“This case is
the clear testimony of several officers of the State Government still not
feeling comfortable with J&K RTI Act and willfully creating obstacles in
ensuring transparency in their respective departments”, sources remarked.