Central Information Commission
Showkat Ali Batt vs Ut Of Jammu And Kashmir on 18 May, 2020
केन्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईनिल्ली, New Delhi - 110067
File No:CIC/UTOJK/A/2020/154970
Showkat Ali Bhatt ...अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
O/o Block Development Officer,
Block Changa,
Doda, Jammu & Kashmir. ... प्रनर्वािीगण /Respondent
RTI application filed on : 02/08/2019
CPIO replied on : No reply
First appeal filed on : Dated NIL
First Appellate Authority order : No order
Second Appeal dated : 12/11/2019
Date of Hearing : 15/05/2020
Date of Decision : 15/05/2020
Note: The instant case is being heard out of turn to mark a beginning for hearing
the cases of Jammu & Kashmir post repeal of the Jammu and Kashmir Right to
Information Act, 2009 by virtue of the provisions of Jammu and Kashmir
Reorganisation Act, 2019. The course of out of turn hearing has been adopted
for the cases which have been directly registered with the CIC, as in the
meantime, transition of the pending cases of SIC, J&K is under process.
Information sought:
The Appellant sought information regarding details of work undertaken from MPLAD fund by Ghulam Nabi Azad in Changa Panchayat, in terms of invoice of each work executed between 2015-19, photographs of pucca road from main road to Govt. Higher Sec. School, Kilothran with M.B bill form.1
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present on phone.
Respondent: Krishan Kumar Raina, BDO, Changa & PIO, present on phone.
Appellant stated that he has not received any information from the PIO till date.
PIO submitted that he has forwarded information sought in the RTI application to the Appellant by registered post about two weeks back.
Appellant interjected to state that since he stays very close to the Post Office and BDO office, there is no way for him to have not received a letter claimed to be sent by Registered Post.
Decision Commission takes grave exception to the inordinate delay caused by the PIO in providing the information. Further, the contention of the Appellant that he has not received the PIO reply till date casts a reasonable apprehension on the veracity of the PIO's claim. In view of this, PIO is directed to send his written submission explaining as to why show cause proceedings should not be initiated against him to initiate action under Section 20 (1) & (2) of RTI Act for prima-facie failing to provide any reply on the RTI Application within the stipulated time frame of RTI Act. The said written submission of the PIO should reach the Commission within 15 days from the date of receipt of this order.
Further, since information sought in the RTI Application pertains to a period of 4 years regarding various works executed from MPLADs fund, it is deemed expedient to offer an opportunity of inspection of records to the Appellant to allay any kind of dissatisfaction that may arise from copy of documents claimed to be sent by the PIO by post. In doing so, PIO is directed to provide an opportunity to the Appellant to inspect relevant records on a mutually decided date and time duly intimated to the Appellant telephonically and in writing. Copy of documents, if desired, should be provided to the Appellant without charging prescribed fees.2
File No:CIC/UTOJK/A/2020/154970 The said direction should be complied by the PIO within 15 days of receipt of this order and a compliance report to this effect be duly sent to the Commission enumerating the details of documents inspected and copy of documents provided.
The appeal is disposed of accordingly.
Divya Prakash Sinha (दिव्यप्रकाशदिन्हा) Information Commissioner (िूचनाआयुक्त) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Haro Prasad Sen Dy. Registrar 011-26106140/ [email protected] हरोप्रसादसेन,उि-िंजीयक ददनांक / Date Signature Not Verified Digitally signed by User Date: 2020.05.18 17:39:16 IST 3