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| Special Secretary to VC JU hatches conspiracy against employee, faces Rs 20,500 as penalty | | | Sumit Sharma
JAMMU, July 11: Special Secretary to Vice Chancellor of Jammu University Jai Kumar Sharma faced penalty to the tune of Rs 20,500 for misleading Commission. He also made bid to entangle Jammu University employees in a well hatched conspiracy to save his skin, which finally exposed.
The exposure in this connection was made by Vivek Slathia, a Public Information Officer, in Jammu University, before Chief Information Commissioner G.R Sufi, forcing him to go tough on Special Secretary to VC.
The cripples in Jammu University started which took the shape of mudslinging and later on criminal conspiracy after one Suresh Kumar Sharma filed an RTI application before PIO, University of Jammu on 09-10-2012, seeking certain information. The PIO in response to the application, intimated the information seeker vide his order dated: 15-11-2012 that information was not available, as the copy of enquiry report has not been yet accepted / approved by the competent authority. However, copies of minutes of selection committee and appointment orders in respect of O.P. Bhola and Mahesh Kumar Sharma, Executive Engineers were provided to the information seeker.
Not being satisfied with the order of PIO, appellant preferred first appeal before First Appellate Authority, University of Jammu on 10-12-2012. The FAA disposed off this appeal vide his order dated: 22-05-2013, directing PIO to provide the remaining information.
Even after the directions from FAA, the PIO did not respond and appellant accordingly filed 2nd Appeal in the Commission. During the proceedings, the Commission found that the PIO did not strictly act in accordance with provisions of State RTI Act and therefore, PIO, University of Jammu, Vivek Slathia was asked to explain why penalty proceedings may not be initiated against him. The PIO pleaded before the Commission that information of the query was available with the office of Special Secretary to Vice Chancellor, Jammu University.
The PIO informed the Commission that he had sought assistance from Sr. P.A. to Registrar, Jammu University, after he decided the RTI application. However, Sr. P.A. to Registrar had informed him that the relevant records were lying under the custody of Special Secretary to Vice Chancellor and pleaded for dropping the penalty proceedings. The Commission after perusing records found that the Special Secretary to Vice Chancellor, Jammu University, J.K. Sharma had contravened the provisions of section 7 read with section 17 of State RTI Act, 2009, thus declared him as deemed PIO and initiated penalty proceedings against him. The Commission accordingly issued a show cause notice to Special Secretary to Vice Chancellor vide No. SIC/J/A/121/2013=13017- 18 dated: 20-12-2013, declaring him as deemed PIO and holding him responsible for not providing information to the information seeker. He was accordingly directed to provide information to the information seeker and also explain as why penalty may not be imposed upon him under section 17 of the Act for failing to provide information.
In response to the Commission's show cause notice, J.K. Sharma, Special Secretary to Vice Chancellor vide his reply dated: 28-12-2013 submitted that he had never been asked for any assistance by the PIO and there was nothing on records whereby it can be established that PIO asked for assistance from him under section 5 at any time. However, in the same breath, he admitted that he had been verbally requested by Assistant Registrar, Establishment, and Jammu University for providing information which he claims to have been provided.
Sensing foul on the part of Special Secretary to VC, Vivek Slathia, PIO, University of Jammu attended the Commission along with Assistant Registrar (Establishment) and produced the receipt / dispatch register as documentary proof for supporting his contention that he had made communications to the Special Secretary to the Vice Chancellor, University of Jammu for providing him the information as per section 5 of J&K RTI Act, 2009. The Commission examined the receipt / dispatch register and found that Slathia , PIO, University of Jammu had duly forwarded the letters to Special Secretary to The Vice Chancellor.
After receiving evidences, the Commission vide its letter dated: 12-02-2014 directed J.K. Sharma, Special Secretary to Vice Chancellor to explain as to why penalty under section 17 may not be imposed on him for not providing assistance to the PIO. Here again misleading Commission, J.K. Sharma, Special Secretary to Vice Chancellor vide his letter dated: 20-02-2014 submitted that he was not custodian of the record and the PIO was in a habit of issuing letters for seeking information, which is not in his custody. However, the Special Secretary to VC had a humble pie when he was shown the receipt and dispatch register of the office of Special Secretary to Vice Chancellor, University of Jammu which clearly mentions that letters written by the PIO and received by him.
In its judgement, the Commission observed, "J.K. Sharma, Special Secretary to Vice Chancellor, however has not proved before the Commission that he had acted reasonably and diligently. He has also not proved anything before this Commission to establish that for the default committed, he had any reasonable cause. Hence, the Commission is declaring him a deemed PIO and impose penalty of Rs. 20500/ (Rupees Twenty thousand and Five hundred only). The Drawing and Disbursing Officer, University of Jammu is directed to ensure deduction of said amount from the salary of concerned officer in three installments, w.e.f. July, 2014 and remit said amount into the Government Treasury under Account Head " 0070-other administrative services." |
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