SRINAGAR: The Central Information Commission (CIC) has taken serious note of multiple alleged violations of the Right to Information (RTI) Act by officials of the Power Development Department (PDD) and Health Department in Jammu and Kashmir, issuing show cause notices, warnings and directions in separate cases from Bandipora, Baramulla and Ganderbal.
In one case related to PDD Division Sumbal in Bandipora, the Commission issued a show cause notice to the Public Information Officer (PIO) after finding that no response had been provided to an RTI application filed by Mohd. Ashraf Dar seeking information regarding SOPs for electricity agreements for PHH/BPL consumers, installation of electric meters, consumer lists of villages under Hajin subdivision, fee relaxations for BPL households and staff details.
The CIC observed that neither the RTI application nor the First Appeal was adjudicated and noted that the concerned PIO failed to attend the hearing or submit any written response. Calling it a “gross violation” of the RTI Act, the Commission directed the PIO to furnish a point-wise reply within two weeks and explain why maximum penalty should not be imposed.
In another matter concerning PDD Baramulla, applicant Junaid Javid had sought information regarding sanctioned electricity load in Uri town, metering practices, flat-rate billing and delays in installation of electricity meters.
The department, in its response placed before the Commission, stated that billing for metered consumers is done according to meter readings and that smart metering is being undertaken under the RDSS programme. It also claimed that earlier electricity meters in Uri town were damaged by people, though consumers approaching the department were provided meters.
The Commission, however, observed that the department failed to provide proper replies under the RTI Act and directed the CPIO to furnish revised information regarding sanctioned load, standard load norms and metering details within two weeks. It also sought a written explanation from the CPIO for remaining absent during the hearing without prior intimation.
In a separate case involving the Health Department in Ganderbal, the CIC pulled up Block Medical Officer (BMO) Kangan over disclosure of personal information of a third party despite objections raised under Section 11 of the RTI Act.
The complainant, Zakir Hussain Akhoon, had sought several personal documents related to an FMPHW employee, including appointment records, domicile and RBA certificates, Aadhaar details, salary account information, affidavits and records concerning marital status.
During the proceedings, the Commission was informed that the third party had initially refused consent for disclosure of the information. However, the BMO later sought consent again and subsequently shared certain documents with the complainant.
The CIC observed that the BMO had acted beyond the mandate of the RTI Act and unnecessarily reopened the issue of consent, causing “unwarranted agony” to the third party and seemingly coercing her into allowing disclosure of personal information.
While the Commission decided not to initiate penal action under Section 20 of the RTI Act, it severely warned Dr. Ashraf Wani, BMO Kangan, against exceeding the scope of the law and adopting what it termed an “abhorrent approach” in matters involving privacy rights of individuals.
