Sk-176

Jammu and Kashmir State Information Commission
(Constituted under Right to Information Act 2009) Old Assembly Complex, Srinagar, Fax No. 0194-2484269, 2484262 Wazarat Road Near DC Office, Jammu, Fax No. 0191-2520947, 2520937 ****************
File No: SIC-J-A-116/2013
Decision No: SIC-J-A/116/2013/176

Sh. Mohd. Sultan
Appellant Heard through video conferencing Block Development Officer,
Mahore.
Jammu
03-07-2013

Briefly the facts in this appeal are that Sh. Mohd. Sultan S/o Late Sh. Mohammadu R/o Vill. Shadole, Tehsil Mahore, District Reasi moved an application dated 20-02-2013 under J&K RTI Act, 2009 before the PIO, Block Development Officer, Mahore/Reasi seeking the following Copy of the notification for the constitution of Panchayat Adalats in Block Mahore particularly for Panchayat 48 Copy of the Resolution passed by the Panchayat for the constitution of Panchayat Adalat for Panchayat Halqa 88 Copy of the report of the Panchayat Secretary for Panchayat Halqa 48-Shadole for the constitution of Panchayat Adalat Copy of the report prepared by Block Development Officer Mahore for the constitution of Panchayat Adalat for Copy of the approval granted by the Director Rural Development Department for the Constitution of Panchayat Copy of the resolution passed by the judicial members of the nomination of the Chairman of the said Panchayat Adalat. The date of birth record and record of educational qualification furnished by the Chairman, Secretary and other members of the Panchayat Adalat of Panchayat Halqa 48- viii. Action taken report on the application dated 11-02-3013 filed by Sarpanch and other members of the panchayat before the Deputy Commisioner Reasi for setting aside the election of Panchayat Adalat of Panchayat Halqa shadole which has been forwarded to your goodself for necessary Copy of the application filed by the Sarpanch and other members of the Panchayat before the SDM Mahore who interim forwarded the same to BDO Mahore for necessary action under law. Also provide the action taken report on the The entire record of election of Panchayat Adalat for The PIO furnished the information to the information seeker vide office letter No. Nil dated 22-03-2013 comprising of 09 leaves which 1. Copy of resolution dated 15/10/2011 adopted by Halqa Pyt. Shadore for the nomination of panel of 7 members for the constitution of 2. Copy of panel of five members approved by the Director Rural Development, Jammu for the constitution of Panchayati Adalat. 3. Copy of Notice issued by the Halqa Panchayat for the election 4. Copy of resolution adopted by the approved panel of Panchayati Adalat in the Chairmanship of Block Development Officer Mahore. However, the information seeker was not satisfied with the information provided to him and preferred appeal before the FAA i.e. Assistant Commissioner, Rural Development Department , Reasi. Perusal of the record shows that Ist appeal has not been adjudicated and disposed of by the FAA. Thus, feeling aggrieved of inaction on the part of FAA, the information seeker knocked the doors of Commission by filing second appeal alleging therein that incomplete information has been provided to During the course of proceedings, PIO/BDO Mahore vehemently denied the same and submitted before the Commission that information as per office record was furnished to the information seeker. PIO also expressed before the Commission that incase the information wants additional information on the matter, he is at liberty to contact him in his office on 04-07-2013. In view of the submissions of the PIO, the information seeker is advised to meet the PIO in his office on the aforesaid date in order to resolve his grievance if any. PIO is directed to provide personal hearing to the information seeker and furnish him the requisite information if already not provided as per office record within a weeks time from the date of receipt of this order under an intimation to the Commission. Notice of this decision be given free of cost to the parties. Dr. S.K. Sharma
1. The First Appellate Authority/ Assistant Commissioner, Rural 2. The Public Information Officer/ Block Development Officer, Mahore. 3. Sh. Sh. Mohd. Sultan S/o Late Sh. Mohammadu R/o Vill. Shadole, (Khalid A Shah)

Source: http://jksic.nic.in/judgements/Sharma%202013/SK-176.pdf