DAILY EXCELSIOR, JAMMU SATURDAY, DECEMBER 23, 2017 (PAGE 13) GOVERNMENT OF JAMMU AND KASHMIR OFFICE OF THE DIRECTOR GENERAL OF POLICE, PRISONS DEPARTMENT J&K JAMMU SHORT TERMS QUOTATIONS Short term quotations affixed with revenue Stamps with Rs. 5/- are invit- ed from the registered Firm for printing of Identity Cards1000nos. The sealed quotations should reach in the office of Director General of Police, Prisons Department, J&K Jammu located at Ambphalla (Opp. State Times Press Jammu ) on 29.12.2017 upto 2 PM along with samples as per size 25/8 inch X 37/8 inch. DIP/J-8976 Sd/- Dt: 22-12-17 Financial Advisor/CAO Prisons Department J&K Jammu File No. SIC/J/A/127/2017 Dated: .12.2017 Appellant : Sh. Mohd. Abass Sheikh S/o Sh. Ahadullah R/o Pethjam Marwah, Tehsil Marwah, Distt. Kishtwar. Respondents : First Appellate Authority/PIO, ACD Kishtwar/BDO Kishtwar. Date of Registration :16.10.2017 Date of Decision : 14.12.2017 Interim Order 14-12-2017. Appellant present in person. Respondents not present. The appeal was taken up again for hearing today on 14.12.2017. The appellant attended the hearing in person in the Jammu office of the Commission. The PIO (BDO Marwah) and the FAA (ACD Kishtwar) did not attend the hearing despite advance notice in this behalf. The commission was informed that ACD Kishtwar is on leave and, therefore, FAA is not available in Distt. Kishtwar at present. The appellant submitted that the PIO (BDO Marwah) has failed to provide him the information sought through his RTI appli- cation dated 20.03.2017, which forced him to file 1st Appeal before the FAA on 13.06.2017. The required information was not pro- vided him by the PIO even after the directions given by the FAA on 05.08.2017 to the PIO to provide the same to the applicant. Hence, he filed this 2nd appeal before the Commission. The PIO was directed by this Commission to file his counter statement and appear before the Commission on 14th December, 2017 to rebut and refute the averments made by the appellant in his appeal. He chose not to file the counter nor did he appear before the Commission on the specified day of hearing. The appel- lant is a poor fellow. He came all the way from as far a place as Marwah, Kishtwar to appear before the Commission at Jammu in his quest and pursuit of seeking fulfillment of his right to get access to the information sought by him. He had to bear the DIP/J-8942/17 expenses on account of his travel from Marwah and boarding and lodging at Jammu out of his own pocket. But he had to remain contended with getting another date of hearing as a result of no response from the PIO. On the other hand, the PIO had the facil- Dated: 21-12-2017 ity of appearing through video conference from NIC Kishtwar and in case of travel, the expenditure on account of his TA/DA would have been borne by the State Exchequer. Still he failed to cause his appearance or file his counter statement. By such conduct, the PIO has shown utter disregard towards the statutory obligations cast on him under the provisions of the Right to Information Act and also the directions issued by this Commission and thereby exhibited a conduct which is un-worthy of, and unbecoming for, a public functionary. In absence of counter statement on behalf the PIO and on account of his non-appearance before the Commission, the averments made by the appellant in his appeal remain un-rebutted and un-refuted. The only view, that is pos- sible for the Commission to take in such a situation is that the PIO (BDO Marwah) has failed to provide the information to the applicant, much less within the stipulated period. Keeping in view the totality of the circumstances obtaining in this case and the conduct of the PIO, the Commission is of the opinion that the PIO (BDO Marwah) has failed to provide the information to the appli- cant (appellant) within the period specified under section-7(1) of the RTI Act and in terms of Section 7 (2), the PIO is deemed to have refused the request of the applicant for information. By such refusal, the PIO has become subject to imposition of penalty under sub-section (1) of Section-17 and also subject to disciplinary action under sub-section (2) thereof. A prima-facie case is established for invoking the penalty clause by the Commission against the PIO in this appeal. However, as a rule of natural jus- tice, an opportunity is required to be given to the PIO before imposition of the penalties on him to explain as to why the penalty should not be imposed for his act of refusal to provide information to the applicant as sought by him. The PIO is accordingly directed to appear before the Commission on the next date of hearing to defend himself against the imposition of penalty or sub- mit his written statement of defence by or before such date. Under the scheme of the Right to Information Act, the primary obligation is on the public authority to provide every citizen the access to information and take all such steps which are necessary to secure implementation of, and compliance with, the provi- sions of this law. The Public Information Officer only represents the public authority in this scheme and he is appointed/designat- ed by the public authority to facilitate the access to information by the information seekers. Though, the RTI Act makes only the PIO liable to imposition of penalties in case of denial of information but that does not absolve the public authority from the obli- gation cast on him under the Act for ensuring access to information and for doing all it takes to secure attainment and fulfillment of this right by the citizens. Therefore, the public authority has to share the blame of failure of providing the information within specified period or refusal thereof by the PIO designated by it and representing the authority. Sub-section (9) of Section-16 empowers that State Information Commission to require, in its decision, the public authority to take any such steps as may be necessary to secure compliance with the provisions of the Act and the decisions of the Commission are binding in terms of sub- section (8) thereof. The public authority at the divisional level in this case is the Directorate of Rural Development, Jammu. The appeal is, therefore, adjourned with the following directions:- a) A notice be served upon PIO (BDO Marwah) to explain as to why penalties as envisaged under section -17 of the RTI Act shall not be imposed uon him for his act of refusal to provide information to the appellant. He shall appear before the Commission on the date fixed for next hearing to explain and defend himself or submit a written statement of defence by or before that date. b) Director, Rural Development Deptt. Jammu and ACD Kishtwar shall ensure that the information sought by the appellant in this case is provided to the applicant as soon as possible so as to ensure compliance with the provisions of the Act. c) Director, Rural Development, Jammu is also directed to ensure that a senior officer at District Kishtwar is designated as FAA in case the ACD, Kishtwar has not joined his duties so as to provide 1st Appellate Forum at Kishtwar. Registry is directed to list the appeal on next available date. A copy of this detailed order shall be served on the Director, Rural Development Department Jammu and ACD Kishtwar as well as the PIO (BDO Marwah) for compliance. Sd/- DIP/J-8904/17 (Mohammad Ashraf Mir) Dated: 21-12-2017 State Information Commissioner From Pg.12 579 76 GOVT. DEGREE COLLEGE KARGIL JK201617007042280 ZAHRA BATOOL MOHSIN ALI VILLAGE BAROO KARGIL 1219041000000050 580 77 GOVT. DEGREE COLLEGE KARGIL JK201617002824223 MUNIRA BATOOL GUL MOHD HUSSAIN GULZAR VILLAGE BAROO KARGIL 1219041000000100 457 10 WOMEN COLLEGE M.A.ROAD, SRINAGAR JK201617012375707 MARZIA KHATOON GHULAM MEHDI GARBA GONGMA TAMBIS KARGIL 1211040100003550 581 78 GOVT. DEGREE COLLEGE KARGIL JK201617002991444 fiza banoo MOHD IBRAHIM VILLAGE KAKSAR KARGIL 1219041000000110 458 11 SKIMS SGR JK201617011595206 AFSANA ANJUM Khadam hussain VILLAGE CHANDAK 1206040100005130 582 79 GOVT. GIRLS HR. SEC. SCH. 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SCHOOL JK201617004755978 ASGAR ALI MOHAMMAD HUSSAIN Kargil 1219041000000260 463 16 CENTRAL UNIVERSITY OF KASHMIR, SRINAGAR JK201617012513926 MOHD RASHID SULLHA MOHD BUFLIAZ SURANKOTE 1630401000012580 587 84 GOVT. HIGHER SECONDARY, TRESPONE JK201617006958607 MOHD RAZA MOHD HASSAN CHOSKORE KARGIL 1219041000000270 464 17 GOVT. DEGREE COLLEGE BEMINA, SRINAGAR JK201617012939359 FARANA FARID MOHD FAROOQ LOON DRAS RAMBIRPORA SB 3625 588 85 GOVT. GIRLS HR. SEC. SCH. KARG JK201617009055443 KHATIJA BANOO FIDA HUSSAIN MINJEE KARGIL 1219041000000300 465 18 GOVT. MEDICAL COLLEGE SRINAGAR, JK201617002061928 Niaz Ahmed Mohd anwar prori gujjran 0021SB48541 589 86 GOVT.