Greaterkashmir.com: Friday, March 23, 2012.
Jammu, Mar 22: Taking strong exception of non-implementation of the Right to Information Act by the concerned authorities in later and sprit, the State Information Commission (SIC) has initiated ‘penalty proceedings’ against all the Deputy Commissioners of the State.
The directions were passed in an appeal filed before the Commission against the PIO, Directorate of Tribal Affairs (DTA), Jammu and Kashmir.
“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”, the State Chief Information Commissioner GR Sufi, said in the order.
The complainant had filed an RTI application before the PIO of Directorate of Tribal Affairs, J&K seeking information regarding the funds allotted by the Government of India under SCA to TSP and Article 275(1) w.e.f 1991 to 2011, district wise distribution of the funds and name of the agency, which is utilizing these funds.
Fareed Ahmad, Assistant Director who is PIO of DTA submitted that he was designated as PIO on February 16, 2012. The Commission was further informed that the Directorate falls under the administrative control of commissioner secretary to Government, Social Welfare Department, Jammu and Kashmir.
“As per Section 5 of the Act every Public Authority 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”, the Commission observed adding that 1st 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”, it added.
It observed that the 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”.
“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 order reads adding the Directorate of TA has provided whatever information was available with him to the complainant vide his letter No TA/Acctts/11/355-56 dated 27.07.2011.
“As per the scheme of the Act 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. Registrar of this Commission will accordingly do the needful”, the order added.
The directions were passed in an appeal filed before the Commission against the PIO, Directorate of Tribal Affairs (DTA), Jammu and Kashmir.
“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”, the State Chief Information Commissioner GR Sufi, said in the order.
The complainant had filed an RTI application before the PIO of Directorate of Tribal Affairs, J&K seeking information regarding the funds allotted by the Government of India under SCA to TSP and Article 275(1) w.e.f 1991 to 2011, district wise distribution of the funds and name of the agency, which is utilizing these funds.
Fareed Ahmad, Assistant Director who is PIO of DTA submitted that he was designated as PIO on February 16, 2012. The Commission was further informed that the Directorate falls under the administrative control of commissioner secretary to Government, Social Welfare Department, Jammu and Kashmir.
“As per Section 5 of the Act every Public Authority 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”, the Commission observed adding that 1st 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”, it added.
It observed that the 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”.
“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 order reads adding the Directorate of TA has provided whatever information was available with him to the complainant vide his letter No TA/Acctts/11/355-56 dated 27.07.2011.
“As per the scheme of the Act 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. Registrar of this Commission will accordingly do the needful”, the order added.
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