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