PIC directs AGPR to provide info about departmental inquiries since 2015

Excise and Taxation Department Islamabad, Islamabad Capital Territory, Chief Information Commissioner Muhammad Azam, Information Commissioner Zahid Abdullah, Non-Customs Paid Vehicle,Constitution of Pakistan, Mukhtar Ahmed Ali RTI Activisit, Pakistan Information Commission, Registrar Supreme Court, Right to Information

While taking up an appeal of a citizen on Thursday Pakistan Information Commission (PIC) issued directives to Accountant General Pakistan Revenues (AGPR) to provide information to the applicant within seven days.

The PIC receives complaints and takes action over RTI implementation related issues under the Right of Access to Information Act 2017, when a public body wrongfully denies access to information, non-provision of information within stipulated time, and refuses to receive and process the request from an applicant.

Nadeem Umer, a resident of Islamabad invoked the commission’s jurisdiction, saying he has requested the Accountant General Pakistan Revenues (AGPR) through its Accountant General on March 23, 2021 for a set of information.

He submitted that  he has requested to the AGPR to provide list of departmental enquiries conducted from January 01, 2015 to date, along with  the details of complaint/allegation, name of accused officials and their designation, name and designation of each enquiry members, certified copies of each enquiry report, details about the implementation on the recommendation of each enquiry committee, list of the pending (on-going) enquiries that are initiated against the officers/officials of excise department along with date on which the enquiry was initiated, list of each enquiry committee members from January 2010 to date, details about the time period given in the rules/regulation to conclude any  departmental enquiry, what action has been taken against the officers/officials/members of the enquiry committee who are failed to conclude the enquiries within the stipulated time period given in the rules/regulations/laws and copy of the relevant rules/regulations regarding the departmental enquiries.

He said that the AGPR didn’t respond to his query to which PIC issued notice to the AGPR. Responding to the notice of the Commission, the AGPR officer shared with the commission that “Inquiries are initiated and where any discrepancy is found, the office meets the ends of justice and necessary punishments under Efficiency & Discipline Rules have been awarded to the accused employees”.

The AGPR further said that “It is requested that the request of the applicant regarding provision of confidential record may kindly be regretted in the light of Para-7 of the act “The Right of Access to Information Act 2017” or applicant may please be requested to contact with our Controlling Office i.e., Office of the Controller General of Accounts”.

However, the PIC said that the commission has already held through its different Orders that information pertaining to finalised enquiry reports is public information.

As such, this information is not only to be provided to citizens when requested but public bodies are obligated to proactively publish through their web sites all finalised enquiry reports as required under Section 5 (1) (i) of the Act.

Allowing the appeal of Nadeem Umer in the matter, the Information Commissioner Zahid Abdullah issued directives to AGPR to provide certified copies of the finalised enquiry reports and requested information at the earliest but not later than 7 working days of the receipt of this Order, with intimation to this office.

The AGPR has also been directed to notify the name of its Public Information Officer under Section 9 of the Right of Access to Information Act 2017.

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