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SIC penalty notice to Kulgam CEO 6/22/2015 11:30:09 PM Early Times Report Srinagar June 22:Having failed to dispose off an RTI application within stipulated time, the State Information Commission (SIC) has issued a penalty notice to the Chief Education Officer (CEO), Kulgam, who is also the Public Information Officer (PIO) of his department in the district. The CEO has been asked to submit his written statement in this regard. Details available with Early Times reveal that one Ghulam Mohammad Ganai, son of Ghulam Nabi Ganai of Akhran in Kulgam district filed an application under J&K RTI Act, 2009 on October 13, 2014 addressed to Kulgam CEO, seeking attested copies of the certificate of Bashir Ahmad Ganai for seeking admission in 9th class many years back. In addition to it, he sought copies of discharge certificates issued by the school, particulars submitted by the institution to the concerned Board, page of admission register, DoB etc. As the information was not provided by the CEO, he filed an appeal before the First Appellate Authority (FAA), ie Directorate of School Education Kashmir (DSEK), mailed through Registered Post on December 27, 2014. The First appeal was filed on the grounds that PIO/CEO Kulgam has not responded to his October 13, 2014 RTI application. The SIC subsequently received a Second Appeal from Ghulam Mohammad Ganai on April 16, 2015 wherein the appellant stated that his October 13, 2014 RTI application has not been disposed of by PIO/CEO Kulgam within stipulated period. Ganai also mentioned that he filed First Appeal on 27.12.2014 which has also not been disposed of by the First Appellate Authority (FAA) ie Director School Education Kashmir (DSEK) . The appellant accordingly requested the Commission to take cognizance of the second appeal under provisions of the Act and take disciplinary action as well as imposition of penalty against the respondents ie CEO and DSEK . In her reply to the April 30, 2015 SIC notice, Suriya Akhtar, Joint Director cum (FAA) DSEK vide her letter dated 05.05.2015 submitted that appeal of the appellant was received on 01.01.2015. The appeal was processed and forwarded to PIO vide letter dated 08.01.2015 for providing requisite information to the appellant directly. CEO was also directed vide letter dated 28.02.2015 to provide point-wise information to the information seeker within five days. However, CEO Kulgam miserably failed to share the information till the case hearing on May 25, 2015. While responding to the SIC notice, CEO Kulgam vide his reply dated 23.05.2015 submitted that information seeker has already been provided requisite information by him immediately on assumption of charge as CEO Kulgam against proper receipt . As per the documents submitted by CEO Kulgam G R Shah before SIC , the CEO had informed Ghulam Mohammad Ganai vide letter dated 13.05.2015 that information sought by him vide 3 applications dated 13.10.2014 "is hereby furnished to you". The information was received by the information seeker on 13.05.2015 in presence of witness namely Nisar Ahmad Mir. SIC order reads as: "It is held that information sought by the applicant has been provided. However, prima-facie there is delay in disposing of the RTI application beyond period prescribed under the Act. Accordingly, CEO Kulgam is directed to explain as to why penalty proceedings shall not be initiated against him for such delay. His explanation, if any, should reach SIC within two weeks from receipt of this order. The commission has noted that information seeker has sought information in respect of one Bashir Ahmad Ganai, who is a 3rd party and also information is personal. PIO ought to have intimated the 3rd party as per provisions of Section 11 of the Act by seeking his objections, if any, before disclosure of information. Also, information sought is personal information which is exempted from disclosure as per Section 8(1) of the Act, unless PIO is satisfied that larger public interest justifies such disclosure. It is evident that in this case PIO has not followed the procedure as laid down for disclosure of such information"   Share This News with Your Friends on Social Network     Comment on this Story

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