No end to PIOs proceedings even after advance notice
JAMMU, August 01:
As there is no end to the Public Information Officers (PIOs) skipping the proceedings in the Second Appeals even after receipt of advance notice, the Central Information Commission (CIC), while expressing displeasure over their conduct, has sought explanations from Jammu and Kashmir Administrative Service (JKAS) officer, Secretary of Srinagar Municipal Corporation (SMC), Chief Education Officer (CEO) and Tehsildar.
From time to time, the Central Information Commission, while disposing of Second Appeals, has stressed that PIOs should always participate in the proceedings so that same don’t get vitiated and appeals are decided as early as possible, which is the intent of the Right to Information Act.
However, once again the Commission has noticed skipping of proceedings by the Public Information Officers (PIOs) while handling several Second Appeals and taking serious note of the same the Commission has now sought explanations from JKAS officer posted in the School Education Department, Secretary of the Srinagar Municipal Corporation, Chief Education Officer Pulwama and Tehsildar Nagrota Jammu.
All these PIOs have been directed to ensure that their written submissions reach the Commission within 30 days from the date of receipt of respective orders failing which ex-parte action will be initiated against them.
While dealing with the Second Appeal filed after denial of information regarding appointment under SRO 43, the Chief Information Commissioner observed, “perusal of the facts reveals that no response has been sent by the PIO (JKAS officer) from the office of the Commissioner, Secretary Education Department, UT of J&K, thereby acting in contravention of the provisions of the Act”, adding “moreover, the respondent has failed to appear during the hearing to make submissions about the case at hand, thereby leading to the proceedings being vitiated in clear violation of the provisions of the RTI Act”.
Taking serious note of non furnishing of any response and unexplained absence of the respondent PIO despite serving hearing notice in advance, the CIC has directed the JKAS officer to submit a suitable explanation for the absence during hearing and why no penal action should be initiated for the violation of the express provisions of the RTI Act.
“The explanation must reach the Commission by 20.08.2024, failing which appropriate action shall be initiated suo motu, in terms of law. Moreover, non-compliance of the directions shall attract necessary penal action, as per law”, read the order of the Commission.
In another Second Appeal relating to denial of information regarding proceedings before the J&K Special Tribunal, the CIC observed, “appropriate response has been duly sent to the appellant, though he has chosen not to attend the hearing. Since the respondent has also failed to appear during the hearing to make submissions about the case at hand, leading to the proceedings being vitiated in clear violation of the provisions of the RTI Act, hence, the respondent-PIO/Secretary, Srinagar Municipal Corporation is directed to submit an explanation for willful violation of the provisions of the RTI Act by unexplained absence during hearing”.
As the Commission was unable to decide one more Second Appeal which was filed for seeking information regarding selection of teachers, the Chief Commissioner took very strong exception of non-attendance of PIO.
“In view of the prima-facie observation that no reply has been provided by the PIO on the RTI application within the stipulated time frame, PIO—Chief Education Officer Pulwama is directed to file a written explanation justifying the conduct, failing which an action under Section 20(1) and 20(2) of the RTI Act will be initiated”, read the order of the Commission.
Further, keeping in view lack of response and failure to cause appearance during the proceedings in the Second Appeal, the CIC has directed Tehsildar, Nagrota to submit an explanation as to why no penal action should be initiated for the violation of the express provisions of the RTI Act.
“The explanation must reach the Commission by 10.08.2024, failing which appropriate action shall be initiated suo motu, in terms of law. It is made clear that non-compliance of the directions shall attract necessary action, as per law. Registry of this Bench is directed to mark a copy of this order to the office of Deputy Commissioner, Jammu, to ensure compliance of this order”, read the directive of the CIC.