Kashmir Times: Srinagar: Tuesday, May 28, 2013.
The State
Information Commissioner, Dr. S.K. Sharma has imposed a penalty amounting to
RS.17,500 on former Chief Education Officer Poonch fore casuing delay in
furnishing of information under Right to Information (RTI) Act.
The case
pertains to the compliant of Mohammad Shafiq a resident of Village Ari, Gag
Tehsil Mendhar, District Poonch who had filed an application under RTI Act on
October 29, 2011 seeking certain information from Public Information Officer
(PIO), Directorate of School Education, Jammu.
The PIO
submitted before the Commission that the application of the complainant was
received in his office on November 5, 2011. The information sought by the
information seeker pertained to Chief Education Officer, Poonch and accordingly
the RTI application was forwarded to him on November 9, 2011 within five days.
It is
admitted fact that there was delay on the part of the then CEO Poonch in
providing the information to the information seeker, the Commission’s order
reads. Therefore, by virtue of this Commission’s order dated March 28, 2012 the
then CEO Poonch was directed to show cause as to why penalty u/s 17 of the RTI
Act shall not be imposed upon him for causing the delay in furnishing the
information to the information seeker within two weeks from the pronouncement
of that order.
Separate show
cause notices dated July 19, 2012, July 27, 2012 and September 26, 2012 were
also served on the then PIO/ CEO Poonch who is presently working as field
advisor state Institute of Education Srinagar. The said PIO has furnished his
reply vide his letter dated 27.7.2012.
“In the said
reply he has stated that he received the requisite information from District
Project Coordinator, Saakshar Bharat Mission Poonch on 23-02-2012 vide his
letter no.DPC/SBM//P/208 dated 23.02.2012. He has further stated that the said
information was also faxed to Director School Education Jammu. He has further
stated that point wise reply was sought from the District Project Coordinator,
Saakshar Bharat Mission Poonch on 30-3-2012 and same was submitted to the
Directorate of School Education, Jammu vide CEO Poonch No. 139 dated 4-4-2012,”
the Commission’s order informs.
Finally, Dr
Sharma has said that the delay caused by the PIO in furnishing the information
to the information seeker is unreasonable. “The PIO has made a delay of 70 days
in furnishing the information to the information seeker. Therefore a penalty
amounting to RS.17,500/- (Seventeen Thousand and Five Hundred Only) is imposed
on the then CEO Poonch (presently working as Field Advisor. SIE) for causing
unreasonable delay of 70 days in providing the information to the information
seeker. Therefore the amount of penalty is calculated as under. 70 days at the
rate of Rs. 250 per day which equals to Rs. 17,500.”
The Drawing
and Disbursing Officer (DDO) in the office of Chief Education Officer, Srinagar
has been directed to ensure deduction of Rs. 17,500 from the salary of Mohammad
Ashraf the then PIO/Chief Education Officer, Poonch at present Field Advisor
State Institute of Education Srinagar in three equal installments from the
salary of the defaulter commencing from the month of June 2013 and remit it to
the Government Account with an intimation to this Commission. “In case of any
default committed by the DDO in this regard, he (DDO) will be personally liable
for making the payment towards the Government account.”
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