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Skips hearing for fourth time, SIC issues Penalty notice
PIO High Court takes RTI for a ride
11/30/2014 11:39:51 PM
Early Times Report

Srinagar, Nov 30: After getting repeated penalty notices by the State Information Commission (SIC), the Registrar Judicial Public Information Officer (PIO) of J&K High Court has again violated Right to Information Act (RTI) by not providing information to an RTI applicant. In addition to it the PIO again skipped his appearance before the SIC during the hearing held at Jammu recently and mentioned in his reply that records have been damaged in the recent floods.
As per details available one Prof Abdul Gani Bhat has filed a 2nd appeal before the State Information Commission (SIC) on 18-06-2014. The hearing of the case was fixed number of times. The Registrar (Judicial )who is also the PIO, High Court of J&K did not attend and vide Commission's notice SIC/CO/SA/162/2014-652-53 dated: 23-07-2014. PIO was specifically required to be present during the hearing but he again skipped the hearing. An official of the High Court of J&K, Nisar Ahmad, who identified himself as an Assistant Registrar attended the Commission on 13-08-2014 but was found not to be aware of the facts of the case, neither he was given any authorization by First Appellate Authority (FAA) or PIO to attend the Commission.
"However, PIO, who himself is a judicial authority did not honour the notices of the Commission and sent a written statement on 15-10-2014 stating therein " As your good-self is aware that in the last month there was disastrous floods in the valley. The maximum record of the registry got destroyed in the recent devastating floods, hence the requisite information, if available in the damaged record will be provided on next date." reads the SIC order
Grounds of Appeal :
'The grounds of the appeal are that the appellant filed two RTI applications before the PIO, Hon'ble High Court of J&K on 17-11-2012 and 11-12-2013, seeking certain information. Under Section 7 of J&K RTI Act, 2009, the PIO was legally bound to pass an order as "expeditiously as possible and in any case within 30 days of the receipt of the request." No such order has been passed by the PIO, therefore, appellant preferred first appeal before the First Appellate Authority (FAA) ie Registrar, General of the Hon'ble High Court of J&K on 22-10-2013. However, the First Appellate Authority (FAA) also failed to adjudicate the appeal till the date of filing of 2nd appeal before the State Information Commission (SIC) . In his 2nd Appeal, the appellant has made the prayer hat the respondent may be directed to pay to the appellant damages to the tune of Rs. 50 thousand for denying him his constitutional right to information by not providing the information sought for, and for the mental agony, pain and torture, and for loss of time, energy and his hard earned money.
SIC order against PIO High Court reads as:
"The Commission has noted with pain and anguish, the casual approach of FAA and PIO, Hon'ble High Court of J&K, who represent the highest judicial authority of the state and to which all the administrative judicial and quasi judicial authorities look with reverence for guidance and establishment of rule of law in the state. The contents of the letter dated: 15-10-2014, as referred above show that the PIO prima facae has not gone through the legal mandate given to him and the obligations cast on him under J&K RTI Act, 2009 to pass an order as expeditiously as possible but not later 30 days.
The RTI law has not left it to the sweet will of the PIO to provide information on "next date." PIO also has not led any evidence before the Commission that records were damaged due to recent floods. The appellant had insisted that he wanted information from the current records which have not been damaged by recent floods".
Order further reads as:
"Therefore, PIO is directed to rebut the contentions of the appellant and if records are available, provide information to the information seeker within 15 days from the receipt of this order. The attention of public authority of Hon'ble High Court of J&K is invited to Section 16(9) (b) of J&K RTI Act, 2009. As the appellant has claimed compensation to be paid to him for loss and detriment caused to him due to non providing of information, the public authority of High Court of J&K is required to give reasons if any as to why compensation may not be awarded to the appellant, as claimed by him. Similarly, appellant is required to prove before the Commission that he has suffered "any loss or other detriment" because of denial of information to him. Mr. Aijaz Ahmad Mir, Registrar Judicial-cum-PIO, Hon'ble High Court of J&K is required to explain why penalty under section 17 of J&K RTI Act, 2009 may not be imposed on him for not passing order under Section 7 of the J&K RTI Act, 2009 on time. PIO is also required to explain why his case may not be referred to competent authority for taking disciplinary action against him under service rules applicable to him, as provided under section 17(2) and as prayed by the appellant. His reply, if any must reach this Commission within 30 days from the receipt of this order."
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