More J&K Public Authorities come under CIC criticism for inaction

Mohinder Verma

JAMMU, June 11: More J&K Public Authorities have come under the scanner of the Central Information Commission (CIC), with a fresh set of orders exposing delays in providing information and neglect of statutory responsibilities under the Right to Information (RTI) Act. The country's apex transparency watchdog has also initiated penalty proceedings against more officers, including a Sub-Divisional Magistrate (SDM) and a Tehsildar, for alleged lapses in discharging their statutory obligations.

The orders, passed by the Central Information Commissioner during the past one week, paint a disturbing picture of the functioning of RTI mechanisms in several Government offices across Jammu and Kashmir. In case after case, citizens were compelled to approach the CIC after facing prolonged delays in obtaining information and inadequate redressal of their grievances at the departmental level.

One of the most glaring cases involved the office of the SDM, R S Pura. RTI applicant had sought copies of two official communications exchanged between the office of the SDM and the Deputy Commissioner, Jammu. The Commission found that the information was supplied only on February 2, 2026, despite the RTI application having been filed on August 29, 2024.

The CIC noted that there was a delay of over 16 months in furnishing the information and that no explanation had been offered for the extraordinary delay. Equally serious was the finding that the First Appellate Authority failed to adjudicate the appeal filed by the applicant.

Taking a stern view, the Commission has ordered issuance of a show-cause notice to the then SDM-cum-PIO, holding that the officer had failed to provide information within the prescribed timeframe and had failed to furnish any cogent explanation for the lapse.

In another case, the CIC has initiated penalty proceedings against the Public Information Officer (PIO)-cum-Tehsildar, Jammu South, after finding serious lapses in the handling of an RTI application seeking information related to issuance of Scheduled Tribe certificates under the Pahari Ethnic Group category.

The Commission observed that the applicant had sought specific information on eight points, including the applicability of S.O. 176 of 2024, number of ST certificates issued, applications received and rejected, and guidelines followed for identification of beneficiaries, but the information furnished was neither complete nor point-wise.

Coming down heavily on the Revenue Department, the CIC found that despite the applicant raising detailed objections before the First Appellate Authority, the appeal was disposed of without addressing the specific RTI queries. The Commission recorded an adverse note against the FAA for overlooking the appellant's grievances and cautioned the authority to strictly adhere to RTI provisions while deciding appeals in future.

In a stern warning, the CIC held that the PIO had failed to provide the requisite information within the prescribed timeline and also failed to appear before the Commission during the hearing to justify the department's position. Observing that the conduct constituted a violation of the RTI Act without any reasonable cause, CIC ordered issuance of a show cause notice to the PIO/Tehsildar, Jammu South, asking why the maximum penalty under the RTI Act should not be imposed.

In one more significant case concerning the Directorate of School Education, Kashmir, applicant had sought information regarding promotion rosters, implementation of promotion quotas, vacancy positions and minutes of Departmental Promotion Committee meetings. Though a reply was eventually issued, the Commission found that it had not been furnished within the statutory period and that no explanation for the delay had been placed on record.

The CIC further observed that the concerned CPIO failed to attend the hearing and did not appear before the Commission to justify the department's stand. Describing the conduct as a clear violation of the provisions of the RTI Act without reasonable cause, the Commission directed issuance of a show-cause notice and initiated penalty proceedings.

The Commission also expressed displeasure over the delayed disposal of the first appeal in the case and cautioned the First Appellate Authority to strictly comply with statutory timelines in future.

The CIC has also come down heavily on the Srinagar Municipal Corporation (SMC) for failing to respond to an RTI application for nearly 21 months and termed its explanation for the delay as far from convincing.

The case pertained to an RTI application filed in June 2024 seeking details and documents related to a building permission granted for a structure near Karan Nagar Chowk in Srinagar. During the hearing, the appellant informed the Commission that the SMC furnished a reply only on March 3, 2026, after receiving notice from the CIC.

The Municipal Corporation attributed the delay to the concerned file having been submerged during the 2014 floods and remaining untraceable for years before being located by the record section.

Taking strong exception to the explanation, CIC observed that the Public Authority never informed the applicant about the alleged non-traceability of records and failed to comply with the mandatory timelines prescribed under Section 7(1) of the RTI Act, resulting in a deemed refusal of information.

The Commission also expressed displeasure over the absence of the CPIO during the hearing and noted that the First Appellate Authority had failed to discharge its statutory duty by not deciding the first appeal. Accordingly, the CIC cautioned the Municipal Corporation against leaving RTI applications unattended on the pretext of missing records and warned that any future lapses of a similar nature could attract action under Section 20 of the RTI Act.