x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Adityanath confident that Indian govt will act against Pak-sponsored terrorists | Kolkata girl gets rape threats for Facebook post on Kashmir | Indian envoys to Pakistan, United States meet Rajnath Singh | 10-yr-old girl writes to PM Narendra Modi demanding revenge for Pulwama terror attack; letter goes viral | Lockheed Martin unveils new combat jet F-21 for India | 2500 Kashmiri youth brave snow, rain to participate in Indian Army's recruitment drive | Earthquake hits UP, tremors felt in Delhi-NCR and Kashmir | Landslides halt traffic on Jammu-Srinagar highway | Exams of Class 8, 9 postponed in Jammu | Curfew temporarily relaxed in Jammu | Hurriyat leader under NIA scanner continues to enjoy security | Pak PM Khan pretends to be blind, can't see Azhar enjoys all privileges in his country | Abdullahs and Muftis-style hurting Kashmiris outside Kashmir | Started 7 years back, 200 bedded maternity hospital still in oblivion | Examination postponed, internet services remain suspended | Annoyed over ignoring youth, Congress leader likely to join BJP | Aggrieved CRPF ready to help Kashmiris | Anyone who picks up gun in Kashmir will get killed: GOC Dhillon | Promote peace, eschew tendencies of hate: Dr Farooq | SRS seeks action against anti-national elements | JKNPP appeal masses to maintain peace | VKS appeals people to maintain communal harmony | Rajnath Singh reviews J&K situation; NSA, Home Secretary attend the meeting | JKTF discusses filling of vacant Chairman' post | Ek Sath Rang Mandal presents 339th Monday Theatre | SBI announces humble initiatives for martyred CRPF soldiers in Pulwama | Guru Ravi Dass Jayanti celebrated | Kashmiri student rusticated from SGT for Pulwama comments | Youth arrested charged with sedition for 'anti-national' activities on social media | Robbers stumble after looting Rs 40 lakh from ATM, people flee with money scrambled on road | France to move proposal at UN to ban JeM chief Masood Azhar | Work on hi-tech border surveillance project in progress: BSF | Cabinet clears promulgating fresh ordinance for companies law amendments | DoT asks telcos to crack down on subscriber sending offensive messages | Fresh snowfall in Himachal's Shimla, Kufri, Dalhousie | Civil court should examine if wearing turban is essential for Sikhs: SC | Centre review against SC/ST verdict to be heard afresh, says SC | Govt relaxes norms for startups, raises investment limit for availing angel tax concession | Martyr's wife delivers baby girl soon after his last rites in Rajasthan | Centre hikes Dearness Allowance by 3% for employees, pensioners | Isolation of separatists begins with Fidayeen attack at Lethpora | Retribution to Pulwama attack and the Kashmiri sentiment | Why should Indian Tax Payers bear expenses for the security of Pak apologists in Jammu & Kashmir? | Govt reshuffles bureaucracy; DCs, other top officers transferred | Sheep Husbandry Deptt violates law, allows import of dead animals into Kashmir | Village housing 7.5 MW HP Project reels under darkness | Hundreds of stranded passengers evacuated from Khatika Talab area | Traffic PIL: HC orders appearance of Div Com, four other officers if orders not complied | Vehicle-borne IED separates Pulwama attack from earlier fidayeen strikes' | MLC booked for defying DC's order, impersonation | To 'sustain their families and serve the nation,' several Kashmiri youth participate in Army Recruitment drive | Vested political interests engineering communal divide: Harsh | Ramban people allege HCC of damaging environment | JPPF seeks release of detained Jammu youth | Tributes paid to martyrs | Need to act beyond the candle marches: AAP | Pak army increases deployment across LoC | Div Com issues fresh avalanche warning | NC and PDP need not to interfere in Jammu province: MPEJ | Pakistan violates ceasefire | Young Panthers seek release of detained youth | Fight in J&K is between nationalists and anti-nationals: Slathia | JKBSGs organizes Shardhanjali programme | Students pay tributes to all martyrs | 41st Sub-Junior National Volleyball Championship | Back Issues  
 
news details
RTI doesn't compel PIO to create info, says SIC
PRC issued in 1947
10/10/2018 10:26:35 PM
Early Times Report

Jammu, Oct 10: The State Information Commission (SIC) has held that information which is not available with a Public Information Officer (PIO) can't be provided, as RTI law does not compel a public authority to do what is otherwise impossible or to produce a document which does not exist in the records of the public authority.
The SIC gave this judgment while hearing an appeal filed by one Verinder Sundan, a resident of Patoli Mangotrian, Jammu, who had sought details of a Permanent Resident Certificate (PRC) that was issued in 1947.
The RTI application was filed by Sudan on 18.01.2018 before the PIO in the office of Regional Director Survey and Land Records Jammu, seeking complete records in respect of PRC issued by Wazir-Wazarat in 1947 in PRC file No. 138/PRC of 2004 (Bikrami).
In another RTI application, Verinder had sought similar information with respect to PRC file No. 130/PRC of 2004 (Bikrami) issued in favour of one Dina Nath. The APIO/Naib Tehsildar, Incharge Record Room (General) informed the appellant vide his communication dated: 19.02.2018, that the relevant PRC files of the year 2004 (Bikrami) could not be traced out from the records available in the General Record Room.
Not satisfied with the reply of the APIO, the appellant filed First Appeal with the Regional Director, Survey and Land Records on 03.03.2018. The First Appeal was disposed of by the Regional Director who is also the First Appellate Authority (FAA) on 09.04.2018, with the observations that the information with respect to the record, which is not traceable/available in the record room, cannot be provided.
Aggrieved by the order of the Regional Director/FAA, the appellant filed second appeal before the SIC on 31.05.2018 which was admitted on 18.07.2018, praying for a direction to the FAA and the APIO to furnish the information as asked for by the appellant.
The appeal came up for hearing before this Commission on 26.09.2018. The appellant, the APIO/Omkar Saini, Naib Tehsildar, Record Room Jammu and Basant Kumar Pandit, Naib Tehsildar/Reader to Regional Director, Survey and Land Records, Jammu (on behalf of FAA) were present during the hearing.
The SIC held: "The appellant, in the present case, has sought information by way of photocopy of PRC case files No. 138/PRC of 2004 (Bikrami) and No. 130/PRC of 2004 (Bikrami) which corresponds to the year 1947 AD. The APIO of the Central Record Room (General), where old records are kept and preserved, has informed the appellant that these two files are not forthcoming from the records maintained by the Central Record Room (General). Under the provisions of the J&K RTI Act, 2009 the public authority or its PIO is under an obligation to provide record that is available and existing with, or held by, the public authority. If any particular document or record is not available with the public authority, for whatever reasons that may be, it may not be possible for the public authority or the PIO to furnish information relating to such records or document to an information seeker.
"The RTI law does not compel a public authority or the PIO to do what is otherwise impossible or to produce a document which does not exist in the records of the public authority. Since the information sought by the appellant, in the present case, is not available in the Central Record Room and the APIO of the Record Room having informed the appellant about nonexistence of the record sought by the appellant through his RTI request, no direction or order can be issued by the Commission compelling the PIO to manufacture or create such information. The appeal is accordingly disposed of without any orders or directions."
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU