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SIC/J/A/12/2012 - State Information Commission

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Decision No: 71- <strong>SIC</strong>/J/A/<strong>12</strong>-20<strong>12</strong><br />

File No: <strong>SIC</strong>/J/A/<strong>12</strong>/20<strong>12</strong><br />

Shri Tara Chand<br />

…..Appellant<br />

Shri Fazal Ahmad,<br />

Reader to<br />

Asstt. <strong>Commission</strong>er (Revenue)<br />

(Representative)<br />

…..Public <strong>Information</strong> Officer<br />

Jammu,<br />

<strong>12</strong>.04.20<strong>12</strong><br />

The representative of PIO and the appellant were present before<br />

the <strong>Commission</strong>.<br />

Shri Tara Chand S/o Lt. Hari Chand, Tehsil and District Jammu<br />

filed an application under RTI Act 2009 before the PIO Office of Deputy<br />

<strong>Commission</strong>er, Jammu on 16.7.2011 seeking the following information<br />

:-<br />

Providing attested true copies of Fard Intikhab Akas Jammabandi<br />

issued by concerned Patwaries of Halqa Chak Largan in respect of land<br />

‘Shamlat Maqbooza Malkan’ under Khewat No. 2 and 3, in Khasra No.<br />

289 in Village Chak Largan, with name of the owner applied for such<br />

Fard if for sale or mortgage.<br />

1- Providing information about legal authenticity of concerned<br />

Patwaries Halqa Chak Largan for issuing Fard Intikhab Akas


Jamabandi in respect of land in Khewat No. 2 and 3 Khasra<br />

No. 289<br />

The RTI application filed by the appellant was received by the<br />

PIO on 18.7.2011 and on the same date it was forwarded to Tehsildar<br />

Jammu/APIO for providing the information as sought by the applicant.<br />

Tehsildar Jammu furnished the requisite information vide letter<br />

DCJ/PIO/RTI/11-<strong>12</strong>/152 dated 17.8.2011 to the PIO which was<br />

simultaneously furnished to the information seeker on the same day<br />

vide letter No. DCJ/PIO/RTI/11-<strong>12</strong>/152 dated 17.8.2011. Later on the<br />

applicant filed First Appeal on the grounds that the information<br />

provided to him was not in accordance with the request as per Form-1<br />

and the facts and circumstances of the information have been deviated<br />

by providing irrelevant information.<br />

The First Appeal was disposed of with the direction to the<br />

Tehsildar Jammu to explain the reasons for submission of<br />

misconceived/irrelevant details of information to the information<br />

seeker.<br />

Further he was also warned to be careful in future while<br />

furnishing information keeping in mind both the correctness and<br />

genuineness and stipulated time period. The First Appellate Authority<br />

further directed the Tehsildar Jammu through a letter to provide the<br />

information to the applicant within two days positively under<br />

intimation to his office and explain reasons for non furnishing of<br />

information despite orders.<br />

The appellant appeared in person before the <strong>Commission</strong> and<br />

apprised the <strong>Commission</strong> that till date he has not received any revised,<br />

complete and correct information from the concerned Tehsildar. The<br />

perusal of the record also shows that the information sought by the<br />

information seeker has not been furnished to him.<br />

In view of the above Tehsildar Jammu is directed to furnish<br />

the revised information to the appellant in accordance with his RTI<br />

application within a week’s time from the date of pronouncement of<br />

this order under an intimation to the <strong>Commission</strong>.<br />

However, there


appears to be inordinate delay in furnishing the information to the<br />

information seeker and whatever information was furnished is said to<br />

be misconceived, incomplete and irrelevant as alleged by the appellant<br />

and so upheld by the First Appellate Authority.<br />

The PIO/Tehsildar<br />

Jammu is directed to show cause as to why penalty u/s 17 of the RTI<br />

Act shall not be imposed upon him for furnishing the misconceived,<br />

incomplete and irrelevant information to the information seeker and<br />

also for causing unreasonable delay in disposing of the RTI application.<br />

Copy to :<br />

The complaint is accordingly disposed of.<br />

Notice of this decision be given free of cost to the parties.<br />

Sd/-<br />

( Dr. S.K. Sharma)<br />

<strong>State</strong> <strong>Information</strong> <strong>Commission</strong>er<br />

1- Ist Appellate Authority/Deputy <strong>Commission</strong>er, Jammu.<br />

2- Public <strong>Information</strong> Officer/Asstt. <strong>Commission</strong>er (Revenue),<br />

Deputy <strong>Commission</strong>er’s Office, Jammu<br />

3- Public <strong>Information</strong> Officer/Tehsildar Jammu.<br />

4- Shri Tara Chand S/o Lt. Hari Chand R/o Village Chak Largan,<br />

Tehsil and District Jammu.<br />

5- Guard file.<br />

(Khalid A. Shah)<br />

Assistant Registrar,<br />

J&K <strong>State</strong> <strong>Information</strong> <strong>Commission</strong><br />

NB: (In any correspondence on this decision, please mention the complete decision number).

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