Srinagar 16 June (KNB): Despite clear cut direction by First Appellant Authority (FAA), SMC to Public Information Officer (PIO) of the corporation to provide information sought under RTI Act, the officer asked applicant to visit office to check records and obtain it.
After failing as well as unsatisfactory response to several RTIs within 30 days of guaranteed time under RTI Act, the applicant had filed the first appeals against the PIO SMC.
To dispose of the First Appeals, on 8th of June, two meetings were convened under the chairmanship of FAA/Joint Commissioner (S). In one of the meetings, as per officials, the PIO did not attend the meeting neither any representative on behalf of the officer.
But despite that First Appellant Authority heard the arguments of the applicant and ordered the Public Information Officer to provide the requisite information to the applicant as per the provisions of the RTI Act, within a period of one week positively.
The First Appellant Authority also asked the absent Public Information Officer to explain the reason for not attending the meeting.
Regarding the disposal of another first appeal, PIO/Secretary SMC, Assistant Secretary General SMC and the appellant as required, attended the meeting.
Similarly, after hearing the case, First Appellant Authority ordered the PIO to provide requisite information to the appellant within one weeks time, positively.
The applicant on Wednesday, a day before the weeks time ends, received the response from the Public Information Officer, Joint Commissioner Planning stating that the information seeked is voluminous/valuable.
It said that the applicant should attend the office on any working day during working hours to check the records for obtaining the information asked for.
After a months time, either providing no or incomplete information, the Public Information Officer’s response, asking the applicant to visit the office instead of proving information is questionable and also the First Appellant Authority not taking any action against the PIO for failing to perform his duty, points out the incompetence of the officer towards it’s responsibilities.
Talking to news agency Kashmir News Bureau, Member of J&K RTI Foundation Er. Irfan Banka said that the purpose of first appeal has not been met in this case and apart from that in several such cases, the Public Information Officer is bound to face penalty.
He said, “The role of First Appellant Authority has to hear from both the parties. It is the Quasi-Judicial Body and after the meeting, their decision to direct Public Information Officer to provide information to the applicant does not make sense, cause the PIO was supposed to do that within the 30 days guaranteed time.”
He said that when the Public Information Officer does not respond to the RTI within the 30 days time, it is deemed as refusal.
“The Public Information Officer has to provide the information seeked by the applicant within the guaranteed time and when the officer does not, as per RTI Act, it is deemed refusal,” he said, adding that they have refused to provide the information.
“In such cases, the role of First Appellant Authority is to initiate disciplinary action against the officer and the same is recommended under the Act,” he said.
He further asked, “what is the purpose of FAA?, if they are again directing the PIO to provide information within a week, which the officer was supposed to do within 30 days in the first place.”
He said that if the Public Information Officer did not have the information seeked through the RTI, he should have reached out to the concerned officers (Sub-ordinates), who had that information.
He further said that the role of First Appellant Authority is different than it played in this case.
He also emphasized that in several departments, PIOs lack proper training.
“These PIOs require proper training because they have do not study law properly,” he said, adding that at times they are assisted by RTI activists and that’s how they come up with responses like the information is voluminous/valuable.
“In several Guidelines by Supreme Court, it is clearly stated that the information should be provided,” he added.
Pertinent to mention that the applicant had seeked Information about several matters, such as recruitment of employment, contracts awarded to particular advertisers, Tenders and related procedures at the Srinagar Municipal Corporation; under Jammu and Kashmir’s RTI Act 2005, filed on 8th and 9th of April 2021.(KNB)