SRINAGAR, Apr 11: The State Information Commission (SIC) today penalized Tehsildar Udhampur (the then Tehsildar Jammu) and imposed a fine of Rs. 12,750 on him as he failed to provide information to an Right to Information (RTI) applicant regarding encroachment/sale of public land of Shishu Samadian situated at Rehari (Pacca Talab), Jammu.
In his decision under decision number SIC-J/Comp-13 Nov/2011-J/65, State Information Commissioner, Dr. S. K Sharma said that Subash Singh Chib, then Tehsildar Jammu has resorted to unreasonable period of default of 51 days and has not provided details to the information seeker. The Information Commissioner said that the penalty should be calculated at the rate of Rs. 250 per day for 51 adding that the amount leads to Rs. 12,750.
"The Drawing and Disbursing Officer (DDO) of the office of Tehsildar, Udhampur will ensure deduction of Rs. 12,750 from the salary of Subash Singh Chib, Tehsildar Udhampur in three equal instalments as provided in Rule 36 (3) of Jammu and Kashmir State Rules, 2010 and remit to the Government account with an intimation to this commission," said the State Information Commissioner in the order.
The Information Commissioner said that 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. He said that the order has to be complied within 15 days from the date of receipt of the order.
On September 19, 2011, Dineshwar Singh Jamwal had moved an application seeking information about the action taken report by Deputy Commissioner, Jammu against the order issued by the DC Jammu office number DCJ/SQ/07-03/01-03 dated December 28, 2007 against the encroachment/sale of public land of Shishu Samadian situated at Rehari (Pacca Talab), Jammu.
As per the mandate of the Act, the order on the application of the information seeker was to be passed within a maximum period of 30 days by the Public Information Officer. This was not done and the information seeker filed complaint before SIC on November 11, 2011 against the PIO for not providing the information.
The Registry of the SIC issued issued seven days notice to the PIO vide number SIC/J/Comp/13 Nov 2011/1035 dated December 19, 2011. Despite lapse of seven days there was no response from the PIO of the Deputy Commissioner Jammu’s office. After this the case was listed for hearing on February 1, 2012 and hearing notice was issued vide number SIC/J/Comp/13 Nov 2011/354-55 dated January 24, 2012 and served upon the PIO with a copy to the complainant.
In response to the hearing notice the PIO/Assistant Commissioner (Revenue) Jammu submitted in writing vide his office number DCJ/SQ/2011-12/8249 dated January 31, 2012 that the application was transferred to the concerned quarters (Tehsildar, Jammu) for providing the information as it pertained to his jurisdiction.
Following this a complaint was filed and it was heard on February 1, 2012. The PIO/Assistant Commissioner (R), Jammu submitted that he will provide the information relating to the eviction proceedings within 10 days from the date of hearing. However, the PIO did not share the information upto April 9 and the information has been accessed by the SIC.
The information commissioner observed that since there has been a delay of 51 days the present Tehsildar Udhampur (then Tehsildar Jammu) should be penalized and a fine of Rs. 12,750 should be imposed on him.
http://www.dailyexcelsior.com/http://www.dailyexcelsior.com/
No comments:
Post a Comment