SDO Lamphel dishonours Manipur Information Commission's order
Repeated notice to furnish information sought under RTI turn down
Source: IT News
Imphal, December 19 2019:
May be a disregard, or perhaps for reason best known to her, Sub Divisional Officer (SDO) Lamphel Khumanthem Diana, has repeatedly failed to furnish information sought under Right to Information Act, 2005 .
The SDO Lamphel did not turn up for the hearing of the case number 85 of 2019 twice, a source from the Manipur Information Commission said.
The Commission has once more fixed the hearing of the case on January 14, 2020.The Commission may initiate action against the SDO if she again failed to furnish the information during the hearing, An applicant, Yengkhom Praveena filed an RTI regarding the land records of a plot of land in Chinga Makha Village on July 30 2019.Deputy Commissioner, Imphal West instructed the SDO, Lamphel on August 5 to furnish the information sought by the applicant.
However, the information was not given to the applicant.
After that the applicant complained to the Appellate Authority/Commissioner (Revenue) on September 4.The authority again wrote to DC, Imphal West to provide the information which is sought on or before September 11. Again, the concern department fails to furnish the information in time.
A second appeal was made on October 14 to the Chief Information Commissioner of Manipur Information Commission Imphal urging for necessary action on the matter.
Manipur Information Commission summoned the DC, Imphal West for the hearing on November 11, 2019 as his office has failed to provide the information sought.
SPIO/ DC Imphal West did not turn up for the hearing.
Manipur Information Commission in its decision "directs the SPIO/DC, Imphal West to appear either in person or send duly authorised officer in the next hearing and further directs him/her to furnish the sought information to the appellant on or before the next hearing." The next hearing took place on November 25 .
The authorised person from DC Imphal West told the Manipur Information Commission in the hearing that the RTI has been transferred to SDO Lamphel and the said information could be sought from SDO, Lamphel and SK of SDC (C) Imphal West.
The commission further directed the SDO Lamphal and SK, SDC(C) Imphal West to appear in person in the hearing scheduled on December 3rd .
In the third hearing, both SPIO/SDO Lamphel and SK, SDC (C), Imphal West did not turn up for the hearing.
The commission, noticing their absence, issues show causes to these officials asking "as to why penal action should not be initiated against them for violation of the commission's decision." The commission sought the replies on or before December 18, which was also the date of the next hearing.
On December 18, SK, SDC Imphal West furnished a reply to the show cause notice asked by the commission.
However, SDO Lamphel Khumanthem Daina, did not turn up for the hearing again and no reply of the commission's show cause notice was furnished from her side.
Given this the representative of the appellant urged the commission to initiate penal action against the public authority under section 20(1) of the RTI Act for the failure in furnishing information and not obeying the decision of the commission.
The appellant's representative maintained during the hearing that "this is in total violation of the RTI Act, 2005" .
The commission, keeping in mind the principle of natural justice, decided that one cannot be punished without being heard.
It again directed SDO Lamphel to appear in person in the next hearing and furnish a reply to the show cause notice.
The commission further "directs him/her to furnish the sought information direct to the appellant on or before the next hearing.
Failing which, the commission will initiate penal action u/s 20(1) of RTI, 2005 against the deemed SPIO/SDO, Lamphel for deliberately failing to furnish the information as well as non-compliance of the decision of the Commission as ex-parte or without further notice." The next hearing is scheduled on January 14 .
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