Chandigarh
Tribune: Ludhiana: Tuesday, 15 September 2015.
The Public
Information Officer-cum-District Food and Civil Supplies Controller, Ludhiana,
has been penalised for refusing to furnish information under the Right to
Information Act to a local resident.
State
Information Commissioner Yashvir Mahajan said Lovkesh Sharma, a Public
Information Officer-cum-District Food and Civil Supplies Controller, Ludhiana,
had refused to furnish information to one Rahul Gupta without any reason.
The delay in
giving the information was of 120 days, which rendered the PIO liable for a
pecuniary penalty of Rs 25,000. However, taking a lenient view, in exercise of
its authority under Section 20(1) of the RTI Act, 2005, the State Information
Commission imposed a penalty of Rs 10,000 on the PIO i.e. the District Food and
Civil Supplies Controller, Ludhiana.
“The DFSC
shall ensure that the amount is deposited in the government treasury,” Mahajan
said.
The
Commissioner said a copy of the challan should be sent to the Commission for
record. Besides, an amount of Rs 5,000 was awarded as compensation in favour of
the appellant for the detriment suffered by him under Section 19 (8) (b). The
amount should be sent to the appellant through a demand draft and the
intimation be also sent to the Commission.
Further
taking a strict view, Mahajan said the stance of the PIO was very arrogant and
he presented his callous and defiant attitude for the institutions duly
constituted under law. The Secretary, Department of Food, Civil Supplies and
Consumer Affairs, Punjab, may initiate suitable disciplinary proceedings
against the PIO under intimation to the Commission.
The case
relates to furnishing information about rice-shellers and the extent of area on
which these stand established in Mullanpur, Ludhiana district.
The original
application was filed by the information seeker, Rahul Gupta, on March 9, 2015.
Feeling aggrieved, with the inaction of the RTI authorities in the department,
he filed an appeal with the Commission on April 13, 2015.
Prior to the
orders issued on September 10, 2015, (the latest orders) even on August 11,
2015, the order was passed by the Commissioner were: “Vide my earlier order
passed July, 2015, I observed that the information provided by the PIO is
vague, deficient and misleading. The query of the appellant is very simple. He
is seeking total area on which each sheller is located in the town of
Mullanpur, Ludhiana. But the respondent is evasive and confusing the issue. He
is advised to give clear and candid information to the appellant within 10
working days from today positively failing which it will be deemed to have been
refused and the matter shall be proceed accordingly.”
Instead of
being present on the hearings (following orders by the Commissioner) the PIO
asked the Food Supplies Officer, Jagraon. to file a reply, which the State
Information Commission was not satisfied.
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