In the case of appeal: Title: Gh. Mohd. Ganai v/s DIG Anantnag

Transcription

1 In the case of appeal: File No. SIC/K/SA/27/2015 Decision No. SIC/K/SA/27/2015/22 Title: Gh. Mohd. Ganai v/s DIG Anantnag Present: 1. Irshad Ahmad, DySP (PIO) 2.Appellant not present. Srinagar Brief facts of this appeal are that Shri Ghulam Mohammad Ganie s/o Gh. Nabi Ganie r/o Akhran Kulgam filed an application under J&K RTI Act, 2009 before PIO Office of the DIG SKR Anantnag dated seeking copies of complaint lodged by Gh. Mohd. Wani against Abdul Gani Ganie alongwith five enclosures, details of action taken and disposal reports of the instant complaint and its enclosures, copies of agreement and statement executed by Ghulam Mohammad Wani complainant at Choki Mirbazar as per report of SSP Kulgam vide his No. CRB/CLT/13/5592 dated This RTI application has been responded to by PIO on stating that RTI application dated has been received through

2 speed post by his office under No on Response to 2 points have been given alongwith 10 leaves as enclosures as under: 1. Application of Gh. Mohammad Wani comprising of (06) leaves including this office letter No. CS/SKR/54/2012/9760 dated Compliance report submitted by SSP Kulgam vide his office No. CRB/Clt/13/5592 dated comprising of (03) leaves including agreement entered into by you and Gh. Mohammad Wani. Thereafter, First Appeal has been filed before FAA Office DIG SKR PHQ Anantnag against order of PIO. This appeal has been disposed of by DIG SKR on informing appellant that documents sought under RTI Act were sent by PIO on However, copies of the requisite documents are enclosed. The Commission received Second Appeal on alleging false and misleading information provided by the respondents. The appellant has stated that he filed RTI application before PIO DIG SKR Anantnag requesting him to provide copies of instant complaint filed by Gh. Mohd. Wani (complainant) and its enclosures alongwith copies of agreement given by the parties (Gh. Mohd. Wani and Ab. Gani Ganaie) as per para 2 of SP Kulgam report enclosed. That PIO provided him copies of agreement and statement which has not been executed by the parties (Gh. Mohammad Wani & Ab. Gani Wani) as per para 2 of SP Kulgam report. That FAA DIG SKR, instead of taking cognizance of the appeal, provided him the same information already provided by the PIO. He has requested the Commission to take cognizance of the appeal under the provisions of

3 the Act for providing misleading, false, manipulated information by the respondents. PIO has informed appellant vide letter dated and clarified verified that agreement which was provided to you stand executed between you and Mohammad Yousuf Wani (attorney holder obtained from his father). He has further clarified that no other agreement is found executed in between vender Gh. Mohammad Wani and vendee Bashir Ahmad Ganie s/o Ab. Gani Ganie r/o Akhran as communicated by concerned police/field formation. In his reply to the contents of the appeal, PIO has filed counter reply to points 1 to 7 of the appeal summarized as under: - That one complaint allegedly filed by one Gh. Mohammad Wani s/o Gh. Qadir Wani r/o Akhran Kulgam against Ab. Gani Ganie was received endorsed to SSP Kulgam on for further action. That one more complaint filed by Gh. Mohammad Ganie (appellant) against Gh. Mohammad Wani and others was also endorsed to SSP Kulgam dated for necessary and report. Further, one more application was filed by appellant Gh. Mohammad Ganie s/o Gh. Nabi Ganie r/o Akhran addressed to SDPO Qazigund with copy to SP Kulgam. PIO has pointed out that complaint allegedly filed by Gh. Mohammad Wani and Gh. Mohammad Ganie seems of the same hand writing and all the complaints seem to be drafted by Gh. Mohammad Ganie (appellant).

4 That in compliance to the above communications, SSP Kulgam vide letter Nos. CRB/Clt/13/5592 dated and CRB/Clt/15/2535 dated informing that the appellant was having land dispute with one Gh. Mohammad Wani s/o Gh. Qadir Wani and since the matter pertained to Revenue Department, the appellant was directed to approach the Revenue Department for the same. SSP Kulgam has further stated that both the parties with the help of some respectable of the vicinity settled the issue amicably by entering into an agreement which was found appended with the letter of SSP Kulgam and the same was furnished to the appellant Gh. Mohammad Ganie. Thereafter further clarifications was sought from SP Kulgam vide letter dated requesting him to intimate whether any other agreement except the agreement which was furnished by SSP Kulgam vide letter dated stands executed between Gh. Mohammad Wani and Ab. Gani Ganie. SSP Kulgam has intimated vide letter dated that no any other agreement or affidavit was received by Police Kulgam other than the agreement which was furnished to DIG office. Upon perusal of records it emerges that main crux of the appeal is para 5 alleging that the PIO has not provided him copy of agreement as per para 2 of SP Kulgam report. In this connection PIO, at para-2 of his reply dated has enclosed agreement entered into by appellant and Gh. Mohd. Wani. Thereafter, PIO vide letter dated has again clarified that agreement provided to the appellant stand executed between appellant i.e. Gh. Mohammad Ganie and Mohammad Yousuf Wani s/o Gh. Mohd. Wani

5 (attorney holder obtained from his father). In conclusion, PIO has clearly stated that no other agreement was found executed between Gh. Mohammad Wani and Bashir Ahmad Ganie s/o Ab. Gani Ganie as communicated by the concerned Police/field formation. This has also been clarified and confirmed by SSP Kulgam as stated by PIO in his counter reply. In view of facts stated above, no further action is warranted on this appeal. In his reply to the appeal, PIO has stated that the appellant has filed application on his behalf and also on behalf of Gh. Mohammad Wani. This being a case of alleged forgery, has to be dealt with by Police should have taken cognizance and act as per provisions of the law. Accordingly, the appeal filed before the Commission is disposed of. Copy to the: - 1. DIG of Police, SKR Anantnag. 2. DySP RPHQ, Anantnag (PIO). Sd/- (Nazir Ahmed) State Information Commissioner 3. Ghulam Mohammad Ganie s/o Ghulam Nabi Ganie r/o Akhran Kulgam.