CIC calls explanation of former Tehsildar Bhalwal asking why penal action should not be initiated against him
Delay in providing info regarding State Land allegedly occupied by former DyCM
STATE TIMES NEWS
JAMMU: In a significant order, a Bench of the Central Information Commission, New Delhi headed by the Chief Information Commissioner Y K Sinha, while disposing of a Second Appeal filed by Advocate Sheikh Shakeel Ahmed, has taken a serious view against conduct of the then Tehsildar Bhalwal, District Jammu, namely Amit Upadhyay for delay in providing information regarding details of the State Land comprised in Khasra No. 1789 of Village Ghaink, Tehsil Bhalwal of district Jammu allegedly under illegal occupation of former Deputy Chief Minister, Kavinder Gupta, son of Bindraban Gupta, resident of Indira Colony, Janipur.
The Chief Information Commissioner, while taking serious note of matter, observed that no explanation has been submitted by the then Tehsildar Bhalwal, Amit Upadhyay for delay in supplying information to appellant and CIC directed that the then Tehsildar should submit a suitable explanation justifying reason for delay in complying with order passed by the First Appellate Authority (SDM, Jammu North) dated June 26,2021 and why no penal action should be initiated for violation of the mandated timeline as provided under Right to Information Act, 2005. The CIC further directed that the explanation must reach the Commission by February 20, 2023 failing which appropriate action shall be initiated suo moto in terms of law. After hearing Advocate Muzzaffar Ali Shah appearing for Appellant Sheikh Shakeel Ahmed whereas Ashok Chakravarty, PIO/ Tehsildar Bhalwal, the Chief Information Commissioner observed that Advocate M A Shah appearing for appellant pointed out that there has been a delay of four months in furnishing information to appellant, in sheer violation of order passed by the First Appellate Authority. Advocate Shah further submitted that the delay was intentional/ deliberate as information was against the Former Deputy Chief Minister who had allegedly grabbed a large chunk of state land at village Ghaink, Tehsil Bhalwal. He further submitted that exemplary action under Section 20 of RTI Act, 2005 be initiated against then Tehsildar Bhalwal, Amit Upadhyay by imposing penalty besides recommending disciplinary action against him.
After hearing both the sides through Video Conferencing, the Chief Information Commissioner, Y K Sinha while expressing displeasure over the dilatory tactics of then Tehslidar Bhalwal, took a serious view against his conduct for delay in providing information and directed that the then Tehsildar, Amit Upadhyay should submit a suitable explanation justifying delay in complying with the order passed by the First Appellate Authority (SDM, Jammu North) dated June 26,2021 and why no penal action should be initiated for violation of the mandated timeline as provided under Right to Information Act, 2005. With these observations and directions, CIC disposed off the Second Appeal filed by Adv S S Ahmed.
