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| Denies info under RTI, SIC shoots penalty notice | | PSC says records damaged in floods | | Early Times Report
Srinagar, Dec 13: The J&K Public Services Commission (PSC) has denied to share information under Right to Information Act (RTI) related appointment under direct recruitment by giving reasons that the related records have been damaged in the recent floods. Pertinent to mention that the Information was sought under RTI by an information seeker in March 2014 and the same should have been provided within 30 days . The case after landing in State Information Commission (SIC) was taken up by the Chief Information Commissioner (CIC) G R Sufi on Nov 20th and a notice for penalty was issued against the PSC's former Public Information Officer (PIO) who has now been transferred from the said commission.
As per details available with Early Times a second appeal was filed by one Dr. Munanza Aman, a resident of Chanapora Srinagar before the State Information Commission (SIC) on 15.5.2014 against the inaction of First Appellate Authority (FAA) cum Secretary of PSC to adjudicate the first appeal filed by her before him on 4.4.2014 received in the office of FAA on 21.4.2014. After being aggrieved by the failure of the FAA to adjudicate the appeal, the appellant approached SIC with second appeal received in the Commission on 15.5.2014 requesting the Commission to order for disclosure of information.
Grounds of appeal: The brief grounds of appeal in this case are that the appellant filed an RTI application before PIO J&K Public Service Commission on 3.3.2014. The PIO passed an order on 3.4.2014 rejecting the request for information in respect of three candidates on the plea that the information was hit under Section 11 of the State RTI Act, 2009 ie 3rd party information.
However, part information was given. The appellant argued in first appeal that the procedure laid down in Section 11 was not followed by the PIO with regard to third party information, therefore, information should have been disclosed. The FAA had to adjudicate this first appeal within a maximum period of 45 days which he failed to do. Thus, it is deemed that he had rejected the application. PIO stated that the appellant was called to appear before FAA. But she did not turn up. The fact is that first appeal was not decided by the FAA who was entrusted with the job of adjudicating the first appeals.
The present PIO Rayees Ahmad Qazi stated before the SIC during the hearing that FAA was relieved from his duty and he went on deputation. It is reported that for few months there was no FAA/ Secretary at PSC.
During the hearing, the Commission (SIC) was informed by the present PIO that because of recent floods, relevant records of the PSC got damaged and in this connection an affidavit was furnished on 18.11.2014 by the present PIO confirming the averments made that the relevant records pertaining to the instant case got damaged in the floods. The appellant, however, has rebutted the argument of the PIO by stating that it was the responsibility of the PIO to furnish the required information in the month of March, 2014 when the records were intact.
The appellant Dr Munaza Aman further stated before SIC that the relevant records did not get damaged. She stated that the deponent in this case Rayees Qazi , present PIO, has no personal knowledge about the alleged damage having been caused to the records as he is not the custodian of the records. The appellant challenged the legality of PIO Rayees Qazi to give affidavit. It is further stated that records must have been recorded/saved in software of computers or in the hard disks, pen drives etc because it is the primary duty and responsibility of the PSC to save records in the electronic devices.
The appellant requested the Commission to start penalty proceedings under Section 17 of the State RTI Act 2009 and also direct the public authority to provide compensation to the appellant as provided under Section 16(9)(b) because the appellants has sustained loss in her professional career and has been subjected to grave mental torture, agony and anxiety. The appellant prayed before the Commission that PIO PSC be directed to furnish the information to the appellant.
SIC's order dated 20.11.2014 reads as: " The Commission accepts the affidavit of the present PIO that records were damaged during the recent floods. As PIO he is responsible to provide information to the information seeker on the basis of record available. He has been informed by the concerned people and he has himself been on spot later on to find that entire building of PSC which was then situated at Polo Ground in a single storey building remained in waters for more than three weeks. This is a part of record and information".
The order further reads as: "The PIO is directed to ensure that the records, if retrieved, information is given to the information seeker within 45 days from the receipt of his order. The public authority of J&K PSC, as and when he is appointed is required to explain why compensation as claimed by the appellant may not be awarded to the information seeker as provided in section 16 of the State RTI Act. The PIO has informed the Commission that Commission has not be constituted so far. The public authority's reply must reach this Commission by second week of January 2015. The appellant is also directed to justify her claim of Rupees five lakhs as compensation and she should also explain how she has suffered a loss or other determents. Her reply must reach this Commission within one month from the receipt of this order." |
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