Central Information Commission
Jagdev Singh vs Ut Of Jammu And Kashmir on 16 March, 2023
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली,
ली New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/UTOJK/A/2020/101916
Shri Jagdev Singh ... अपीलकता /Appellant
VERSUS/बनाम
PIO, ... ितवादीगण /Respondent
(1) Assistant Commissioner (General) Jammu
(2) Additional District Development
Commissioner, Jammu
Relevant dates emerging from the Appellant:
Date of Impugned Order: 20.04.2022
Order w.r.t disposal of Show-cause: 15.03.2023
ORDER
The above Second Appeal of the Appellant, Shri Jagdev Singh, was disposed off by the Commission on 20.04.2022 with the direction to Shri Rakesh Kumar Dubey, Assistant Commissioner (General), Jammu to examine the RTI application and provide a point wise response to the Appellant in accordance with the provisions of the RTI Act, 2005 by 31.05.2022 under intimation to the Commission. Shri Dubey was also showcaused to explain as to why penal action as per Section 20 (1) of the RTI Act, 2005 should not be initiated against him for not complying with the timelines prescribed under the Act.
2. The Respondent vide letter dated 13.05.2022, has replied to the show-cause notice, and the matter is being considered by the Commission by way of this Order.
Decision:
3. In reply, Shri Rakesh Kumar Dubey, Assistant Commissioner (General), Jammu vide letter dated 13.05.2022 has stated that Shri Jagdev Singh vide endorsement of letter No. ACG/RTI/16-17/06-09 dated 04.06.2016 was intimated that no enquiry was pending against him. Shri Rakesh Kumar Dubey, Assistant Commissioner Page 1 of 2 (General), Jammu vide letter No. DCJ/Misc/RTI/22-23/1040-41 dated 12.05.2022 has also provided a copy of letter No. DMJ/Misc/RTI/22-23/171 dated 18.04.2022 to the Appellant. As per the aforesaid letter dated 18.04.2022, no enquiry is pending against Shri Jagdev Singh.
4. Shri Rakesh Kumar Dubey, Assistant Commissioner (General), Jammu has stated that he has full regards for the Commission. He has requested that show cause proceeding against him may be dropped and penal action may not be taken against him.
5. In view of the above explanation, the submissions of the Shri Rakesh Kumar Dubey, Assistant Commissioner (General), Jammu are accepted and the violation of the RTI Act condoned on this occasion. Hence, the show cause proceeding against him is hereby dropped. However, the Respondent is warned that such lapses in future will attract necessary penal action as per the RTI Act, 2005.
6. With the above observations, the show cause proceeding stands dropped.
7. Copy of the order be given to the parties free of cost.
वाई.
वाई के . िस हा)
Y. K. Sinha (वाई िस हा
मु य सूचना आयु )
Chief Information Commissioner (मु
Authenticated true copy
(अिभ मािणत स ािपत ित)
S. K. Chitkara (एस. के . िचटकारा)
Dy. Registrar (उप-पंजीयक)
011-26186535
1. Shri Rakesh Kumar Dubey, Assistant Commissioner (General), Jammu
2. Shri Jagdev Singh Page 2 of 2