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Jammu and Kashmir State Information Commission.,.1.";/. .,::J,

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(Constituted underThe Right to Informurion Act. 2009)

Wazarat Road Near D.C. Office, Jammu, Fax No. 0191-2520927-947Old Assembly Complex, Srinagar. Fax No. 0194-2484267

www.jksi c.n ic.in****-::';\-**.;: ***

File No. SIC-J/Comp-2-Juli-2011/2011

DecisionNo./23. SIC of 2012Dated:- 26.04.2012

Title: Ajit Singh vis PIa % Deputy Commissioner, Samba.

In this case penalty proceedings underSection 17 of the State RTI Act wereinitiated on 04.11.2011 under order No. 48 of SIC/J/Comp The brief facts are asunder: -

An information seeker Shri Ajit Singh S/O Late Shri Mangal Singh R/OVijaypur, W. No. 12, H.No. 8, Samba had filed an RTI application on 7.6.2011before the PIa, Deputy Commissioner's office, Samba seeking information aslisted in the application. The order was to be passed on or before 6.7.2011. ThePIa passed order on 24.08.2011. As the order passed was delayed by one monthand 17 days penalty proceedings as provided under Section 17 of the Act wereduly initiated and explanation was sought from the -PIa within 30 days from thereceipt of order of the Commission. The PIO has vide his explanation dated16.01.2012 admitted the delay of one month and 17 days on the plea that theinformation seeker was not available at both the places mentioned in hisapplication as he is not residing at the addresses given. That the PIO has givensufficient opportunity by issuing summons to the information seeker through hispeon. It is also stated that part information was held with other office. The delayhas thus been attributed to the information seeker for not pursing the mater inthe PIO's office.

The Commission has considered the explanation so given. It is seen thatthe applicant in his application dated 07.06.2011 has given full details of' hisaddress including two telephone Nos. and an email. The PIO was, under legal

obligation to send the notice either through registered post or speed post at theaddress of the information seeker. Had the said letters been returned back onaccount of non-delivery that would have been part of record. The PIa shouldhave also resorted to sending an email and lead the evidence before theCommission about the attempts to contact the information seeker. He shouldhave alternatively contacted the information seeker on his two telephone Nos.given in the application. Instead of resorting to this mode of service the PIa isclaiming that he had sent summons through peon.

First of all the very shape of these papers which have been brought onrecord does not generate enough evidence about the authenticity of thedocuments and proper procedure used for service. If service has to be made"dasti" same has to be sent through Process Server and there has to be a recordin the process server's diary/record, which has not been produced before thisCommission. Secondly these papers bear the dates 25.11.2011 and 09.12.2011.Thus it is conclusively established that these documents purporting to be proof ofsame have not been proved to be genuine. They have been taken after theCommission was seized with the complaint of the complainant. The explanationseems to be an attempt to create evidence to wriggle. out from the penalprovisions of the Act. This explanation being no at all reasonable is dismissed.

With regard to second explanation that part of information was to becollected from other. public authority, the PIa has not followed the properprocedure as laid down in the Act for forwarding the information and seekingassistance from other PIa as is provide under Section 5 and 6 of the Act. Thisexplanation is also rejected.

The total default of the PIa is 47 days. The penalty is imposed for 30 daysgiving the benefit of doubt for the broken period on the plea that the Act in itsinfancy.

Thus, the total period of default is calculated as under:-

1. Date of application u/s 6 of J&K RTI Act, 2009 for seeking information is07.06.201

2. Due date of passing order under Section 7 is 06.07.2011.3. Actual date of passing order is 24.08.2011.4. Penalty to be imposed for each day is Rs. 250/-.5. Unreasonable period of default is 30 days.

Therefore an amount of Rs. 7,500/- is worked out as penalty which iscalculated as under:

30 days X Rs. 250 (per day) = Rs. 7,500/- .

The Drawing and Disbursing Officer (DDO) of the office of DeputyCommissioner, Samba will ensure deduction of Rs. 7,500/- from the salary of Mr. B.L. Sharma, Assistant Commissioner (R)/ PIa, Deputy Commissioner's office Samba

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in 3 equal installments as provided in Rule 36 (3) of J&K State RTI Rules, 2010 andremit it to the Government Account with an intimation to this Commission. In caseof any default committed by the 000 in this regard, he (000) will be personallyliable for making the payment towards the Government account. This order has tobe complied within fifteen days from the date of receipt of the order.

Mr. B. L. Sharma, Assistant Commissioner (R)/ PIO, Deputy Commissioner'soffice Samba is at liberty to file a Review Petition before this Commission for reviewof this order as provided under Rule 36 Clause (4) of J&K RTI Rules, 2010.

Sd/-( G. R. Sufi)

State Chief Information Commissioner

Copy to:1. Deputy Commissioner, Samba.2. Drawing and Disbursing Officer, % the Deputy Commissioner, Samba3. Shri B. L. Sharma, Asstt. Commissioner (R)/PIO, Samba.4. Shri Ajit Singh, complainant.5. Guard file.

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, ~. 0 . ~ .C7~'( Atta-ur-Re -r=r&.~ atnoo)Registrar Gen~l-cum-

SecretaryJ&K State Information Commission