The Chenab Times: J&K: Monday, 24 July 2023.
In a recent development highlighting the importance of transparency and adherence to the Right to Information (RTI) Act, 2005, the Central Information Commission (CIC) has taken serious note of violations committed by government officials and issued show cause notices to two Tehsildars and one Executive Engineer. The CIC is contemplating penal action against these individuals for obstructing the dissemination of crucial information sought under the RTI Act.
The case, titled “Nitin Sharma versus PIO RTI Cell, office of Deputy Commissioner Jammu,” centers on an application filed on March 28, 2022, seeking information about the action taken on an order issued by the Collector (ADM) Jammu regarding land in the Marh area of Jammu district. The applicant’s complaint arose due to a lack of response from the Chief Public Information Officer (CPIO), prompting him to approach the CIC.
During the hearing, Chief Information Commissioner Y K Sinha meticulously examined the facts and proceedings, noting a significant delay in providing a reply by the respondent, which raised concerns about a possible mala fide intent to deny information. Furthermore, the absence of any representative from the office of the Deputy Commissioner, Jammu, cast doubt on whether the RTI application was ever transferred to the relevant custodian of information.
As a result of these glaring violations, the CIC has issued show cause notices to the then CPIO, Mohit Gupta, Tehsildar (Recovery/Jammu), and the present CPIO, Sunaina Bharti, Tehsildar (Recovery/Jammu). The notices were issued under Section 20 of the RTI Act, seeking an explanation as to why a maximum penalty of Rs 25,000 should not be imposed upon them for obstructing the dissemination of information and violating provisions of the RTI Act, 2005. The then CPIO has been directed to submit written submissions by 31.08.2023, failure of which could lead to ex-parte action being taken against him.
Similarly, the CIC has sought an explanation from Kaisar Ahmad Zargar, Tehsildar Central Srinagar, for not providing information to the applicant within the stipulated timeframe. The Commission observed substantial delay in furnishing the information, which is in direct contravention of the provisions of the RTI Act, 2005.
In a separate case titled “Suresh Chargotra Versus PIO Executive Engineer, Public Health Engineering Division, Akhnoor,” the CIC examined an application filed on December 17, 2020, seeking information about the establishment of a tube-well and overhead water tank in village Assurwan. During the hearing, the Executive Engineer, Jal Shakti, and PHE Division Akhnoor stated that his office had not received a copy of the First Appeal, leading to delayed replies to the RTI application.
Taking note of the PIO’s failure to provide relevant information within the stipulated time-frame as mandated by the RTI Act, the CIC issued a show cause notice to the then PIO, Rajinder Kumar Gupta, through the present PIO. The notice, issued under Section 20 of the RTI Act, seeks an explanation as to why a maximum penalty of Rs 25,000 should not be imposed upon him for deliberately obstructing the dissemination of information.
In a recent development highlighting the importance of transparency and adherence to the Right to Information (RTI) Act, 2005, the Central Information Commission (CIC) has taken serious note of violations committed by government officials and issued show cause notices to two Tehsildars and one Executive Engineer. The CIC is contemplating penal action against these individuals for obstructing the dissemination of crucial information sought under the RTI Act.
The case, titled “Nitin Sharma versus PIO RTI Cell, office of Deputy Commissioner Jammu,” centers on an application filed on March 28, 2022, seeking information about the action taken on an order issued by the Collector (ADM) Jammu regarding land in the Marh area of Jammu district. The applicant’s complaint arose due to a lack of response from the Chief Public Information Officer (CPIO), prompting him to approach the CIC.
During the hearing, Chief Information Commissioner Y K Sinha meticulously examined the facts and proceedings, noting a significant delay in providing a reply by the respondent, which raised concerns about a possible mala fide intent to deny information. Furthermore, the absence of any representative from the office of the Deputy Commissioner, Jammu, cast doubt on whether the RTI application was ever transferred to the relevant custodian of information.
As a result of these glaring violations, the CIC has issued show cause notices to the then CPIO, Mohit Gupta, Tehsildar (Recovery/Jammu), and the present CPIO, Sunaina Bharti, Tehsildar (Recovery/Jammu). The notices were issued under Section 20 of the RTI Act, seeking an explanation as to why a maximum penalty of Rs 25,000 should not be imposed upon them for obstructing the dissemination of information and violating provisions of the RTI Act, 2005. The then CPIO has been directed to submit written submissions by 31.08.2023, failure of which could lead to ex-parte action being taken against him.
Similarly, the CIC has sought an explanation from Kaisar Ahmad Zargar, Tehsildar Central Srinagar, for not providing information to the applicant within the stipulated timeframe. The Commission observed substantial delay in furnishing the information, which is in direct contravention of the provisions of the RTI Act, 2005.
In a separate case titled “Suresh Chargotra Versus PIO Executive Engineer, Public Health Engineering Division, Akhnoor,” the CIC examined an application filed on December 17, 2020, seeking information about the establishment of a tube-well and overhead water tank in village Assurwan. During the hearing, the Executive Engineer, Jal Shakti, and PHE Division Akhnoor stated that his office had not received a copy of the First Appeal, leading to delayed replies to the RTI application.
Taking note of the PIO’s failure to provide relevant information within the stipulated time-frame as mandated by the RTI Act, the CIC issued a show cause notice to the then PIO, Rajinder Kumar Gupta, through the present PIO. The notice, issued under Section 20 of the RTI Act, seeks an explanation as to why a maximum penalty of Rs 25,000 should not be imposed upon him for deliberately obstructing the dissemination of information.
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