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SIC issues penalty notice against CEO, DyCEO
Master doing clerks job in CEO's office Kishtwar
6/9/2015 12:03:23 AM
Early Times Report

Jammu, June 8: At a time when State Education Minister is trying his level best to streamline the education system in Jamm & Kashmir, we have some vested interested teachers who instead of providing education to students have preferred to remain attached with their administrative offices for various considerations. Some local residents have sought the details of this master from CEO's office under J&K RTI Act and that was denied and now the State Information Commission (SIC) has intervened which has issued penalty show cause notice against the Dy CEO and CEO of Kishtwar plus the information has also been handed over to Information seeker. As per details available one Raj Kumar Sharma S/o Mohan Lal R/o Keshwan, Kishtwar, moved an application dated 08- 11-2014 before the Public Information Officer (PIO) cum Chief Education Officer, Kishtwar under Jammu & Kashmir Right to Information Act, 2009. The applicant sought information related to persons in whose favour bills under SSA/RMSA have been drawn in District Kishtwar for the period 2009 to March, 2014. In addition to it applicant sought copy of Service Book, designation, appointment order and job under Civil Services Rules of Govt of J&K in respect of one Shahnawaz Ahmed (Master) working in the office of Chief Education Officer Kishtwar. The RTI applicant sought reason as to why an employee of Master grade is performing his duties of a clerk in the CEO's office?
The applicant sought in writing from the CEO officer Kishtwar whether there wasn't any competent clerical staff available in Education Department who could perform such duties in the office of CEO Kishtwar?
Aggrieved of inaction on the part of the PIO cum Chief Education officer, Kishtwar the appellant preferred 1st appeal dated 03-01-2015 before the 1st Appellate Authority/Director School Education, Jammu. The appellant alleged that Director School Education Jammu who is also the First Appellate Authority (FAA) did not adjudicate his First appeal and as such feeling aggrieved of inaction on the part of the PIO as well as the FAA, he filed 2nd appeal dated 02-03-2015 before the State Information Commission (SIC).
The Commission after receiving the 2nd appeal listed the matter for hearing on 15-04-2015 and both the parties were present. During the course of proceedings, PIO/CEO, Kishtwar apprised the Commission that information was dispatched to the information seeker vide office letter no. CEO/K/2015/830-33 dated 10-04-2015. However, the information seeker denied the receipt of the same. The PIO/CEO submitted a set of information for the perusal of the Commission during the course of proceedings which has been brought on record for reference and a copy of the same was also handed over to the information seeker, however, the said copy was not duly certified by the CEO, Kishtwar.
"It is a matter of concern that a Master grade teachers who happens to be quite senior to a junior assistant / clerk has preferred to be called as a clerk as the said post is most lucrative in the CEO's office Kishtwar," said Mohammad Farooq (name changed) a teacher working in Kishtwar while talking to Early Times.
SIC order reads as: " The PIO/CEO, Kishtwar is hereby directed to furnish a fresh set of information duly certified to the information seeker within three days from the date of pronouncement of this order under an intimation to the Commission. The perusal of the facts shows that there is a delay on the part of the office of the CEO, Kishtwar in furnishing the information to the information seeker. The present incumbent Sh. Vinod Soni, CEO, Kishtwar apprised the Commission that he assumed the office of the CEO, Kishtwar on 06-02-2015 and he had no knowledge of the RTI application filed by the information seeker"
The CEO, Kishtwar apprised the Commission during the hearing that the RTI application of the information seeker was filed during the tenure of his predecessor Javed Kitchloo, Dy. CEO, Kishtwar who was performing the duties of the CEO since the filing of the RTI application till assumption of office by the present incumbent.
The PIO further submitted that his office staff did not put up the RTI application before him for disposal and he came to know about it only after a notice was received from the office of the Commission.
SIC order further reads as: "The state of facts is that the RTI application of the information seeker has not been disposed of within the statutory period. The present PIO/CEO, Kishtwar Sh. Vinod Soni, & his predecessor Sh. Javed Kitchloo, Dy. CEO, Kishtwar I/C CEO, Kishtwar (as he then was) are hereby directed to show cause why penalty under section 17 of the J&K RTI Act, 2009 may not be imposed upon them within two weeks from the date of receipt of this order for causing delay in furnishing the information to the information seeker.
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