CIC issues show-cause notice to GDA PIO

The CIC has warned the PIO of a potential penalty of Rs 25,000 for the violation of RTI Act provisions, following a series of delays and non-compliance.

As per the official document, the applicant M M Shuja had filed an RTI and sought information from the GDA, regarding financial records, tourism data, and environmental management.

The applicant had sought specific details, including the quantum of land under GDA control, the number of hotels and guest houses, registered tourist guides and operators, and records of construction activities from 2019 to 2022.

“The application sought information on budget allocations, solid waste management practices, tree planting initiatives, and instances of forest land encroachment in Gulmarg,” the official document reads.

It reads that the PIO failed to respond within the legally mandated time frame.

“Dissatisfied with the lack of response, the applicant filed a first appeal on April 20, 2023. However, the first appellate authority did not adjudicate the appeal, leaving the applicant with no choice but to approach the CIC with a second appeal,” it reads.

During the hearing, the appellant had participated via video conference while the PIO of the GDA failed to attend and did not provide any explanation about their absence.

“The appellant argued that the PIO's reply, furnished on June 29, 2024, was incomplete and failed to address the requested information adequately,” it reads.

Following this, it was said that the examination of the records had revealed that the inordinate delay in furnishing of information had not been explained or justified by the PIO GDA.

“The PIO did not even bother to attend the hearing nor explain the cause of his absence. Such a lackadaisical approach towards RTI matters cannot be overlooked,” the document reads.

In the wake of this, the CIC directed the Registry of Bench to issue a show cause notice to the PIO GDA to explain why a penalty of Rs 25,000 should not be imposed for willful violation of the provisions of the RTI Act by causing deliberate obstruction in the dissemination of information.

“In doing so, if any other persons are also responsible for the omission, the PIO should serve a copy of this order on such other persons under intimation to the commission and ensure that written submissions of all such concerned persons are sent to the commission,” the official document reads.

The PIO has been further directed to send a copy of supporting documents on which he relies upon in his submission as well as a copy of the reply sent qua the RTI application.