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| SIC directs JU to provide CASH report to victim, PIO penalized | | Sexual harassment of Asst Prof by senior faculty | | Early Times Report
JAMMU, Feb 16: State Information Commission has penalized public information officer (PIO) University of Jammu and directed that CASH report be made available to the victim Assistant professor who had alleged sexual harassment by a senior member of faculty.
More than two years back when a female Assistant Professor working in Jammu University (JU) was sexually harassed by a senior faculty member and till date the university teacher has not been provided justice. The University constituted a Committee to look into this serious allegation and the report of that committee has not been made public and even the victim was denied a copy of that report. The victim finally used her Right to Information (RTI) to get a copy of the report but the Public Information officer (PIO) Jammu University (JU) denied to share the information by wrongly invoking third party information clause of J&K RTI Act 2009. The victim filed 1st appeal before the Registrar Jammu University who is also the First Appellate Authority (FAA) under State RTI Act , but Registrar (FAA) too upheld the orders of his PIO. Finally the victim after a great struggle knocked the doors of State Information Commission (SIC) where she was given justice on 9.2.2015. The Chief Information Commissioner (CIC) G R Sufi not only ordered that information be provided to the victim , but he initiated penalty proceedings against the PIO as well.
In order to take action in the harassment meted out to her by her senior colleague who happened to be the Head of Department at the relevant point of time. The appellant had earlier also filed an RTI application before the PIO. In consequence of the earlier RTI application, some information was supplied to her vide PIO's Order No: PIO/JU/14/11732 dated: 28.7.2014 in response to RTI application dated: 13.5.2014. Vide RTI application dated: 5.8.2014 she had requested the PIO to provide detailed information regarding the report. However, in response, the PIO has passed an order deying her the information terming it as third party information.
Taking cognizance of the second appeal of the Victim, the SIC in its order said, " The PIO has grossly erred in refusing to give the information i.e statement of the students and fellow colleagues of the appellant which were given before the Committee on sexual harassment (CASH) . Section 11 makes it clear that only that information becomes third party information which relates to or has been supplied by a third party and has been treated as confidential by that third party. The objections, if any, have to be sought by the PIO from these third parties within five days from the receipt of the request (i.e the RTI application) The notice has to be very specific to inform the third party that the PIO "intends to disclose the information or record or part thereof." And third party has to give objection, if any, within ten days from the date of receipt of notice by the PIO. Mere objection by any third party does not make it incumbent for the PIO not to provide this information to the information seeker because vide section11(3) it is the PIO who has to take a decision whether or not information has to be disclosed"
The SIC also directed that the compliance of this order be made within 15 days of the receipt. The penalty proceedings under section 17 of the J&K State RTI Act, 2009 (read with) section 15 are initiated as the PIO in his first order had not provided full and complete information. His explanation, if any, must reach this Commission within 30 days from the receipt of this order" . |
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