SIC warns former Secretary SSB of disciplinary action - Early Times Newspaper Jammu Kashmir

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SIC warns former Secretary SSB of disciplinary action

3/3/2015 11:50:40 PM

Early Times Report

Jammu, Mar 3: As the Secretary J&K Services Selection Board (J&K SSB) who is also the First Appellate Authority (FAA) in SSB office failed to dispose off 1st appeal filed under J&K RTI Act 2009 by an aggrieved candidate, the State Information Commission (SIC) has issued a notice against the officer asking him why his case may not be recommended for disciplinary against before the competent authority. One Sumedh Sharma a resident of Jammu filed second appeal before J&K State Information Commission (SIC) against the order of PIO and First Appellate Authority (FAA) of J&K Services Selection Board (SSB) as he was allegedly denied access information vide his RTI application dated: 13-02-2014 related to appointment of Sub Inspectors and Inspectors in Finance Department . Shamim Kriapak, Administrative Officer,-cum-PIO, Divisional Office, Jammu, JKSSB attended the Commission office at Jammu on 20.2.2015 . However, appellant inspite of given a number of opportunities by SIC did not attend and thus left Commission to decide the case on the basis of record on file.
As per details available with Early Times , the appellant Sumedh Sharma filed an RTI application before PIO, JKSSB, Divisional Office, Jammu which was received in his office on 13-02-1014, seeking information about marks obtained in written test for the post of Sub-Inspector / Inspector (Finance Department) held on 21-09-2013. He sought certified photocopies of answer sheets and cut off marks in open merit (OM) Category enabling a candidate to become eligible for interview. The PIO responded the RTI application of appellant on 17-02-2014 by intimating the appellant that interviews for the job applied by him were still in progress , therefore the information was not complete and couldn't be provided. The information seeker was advised to wait for the completion of information. Subsequently, PIO vide his communication dated: 10-06-2014 sought assistance of APIO, Srinagar Office for providing him assistance to provide information to the information seeker, for which PIO had received a reminder also from the appellant. However, no response SIC has been received from the APIO, Srinagar office by the PIO . The appellant not having received information from the PIO, filed first appeal before First Appellate Authority (FAA) ie Secretary JKSSB on 25-07-2014. However, the FAA inspite of receiving first appeal and a reminder well did not bother to perform his duty and was unable to dispose off the 1st appeal .
Taking this matter seriously the SIC issued a notice against the FAA ie Secretary J&K SSB . The SIC's notice reads as " Therefore, Farooq Ahmad Baba, the then FAA, JKSSB is directed to explain as why his case may not be referred to the competent authority for taking disciplinary action against him for not discharging his duties properly. His reply, if any must reach this Commission within 30 days of the receipt of this order. Shamim Kriapak, PIO, is directed to serve copy of this order to Farooq Ahmad Baba, the then FAA, JKSSB at his present official address". Having not received any response from FAA ie Secretary J&K SSB within time, appellant filed 2nd appeal in the State Information Commission (SIC) on 24-11-2014 which Registry of the Commission found defective and a deficiency notice dated: 17-12-2014 was issued to appellant to remove said deficiencies, which were removed by the appellant vide his letter dated: 30-12- 2014, thus date of filing 2nd appeal was taken as 30-12-2014. Accordingly, case was listed for hearing on 12-01-2015, but instead of appellant, his father attended the Commission without having a proper authorization from the appellant. Appellant thus failed to substantiate before the Commission his contentions as raised in his 2nd appeal. Meanwhile, PIO, Shamim Ahmad brought to the notice of Commission a copy of the order passed by Hon'ble High Court of J&K vide SWP No. 2086/2013, CMA No. 3072/2013 dated: 30-09-2013 vide which Hon'ble High Court has directed that " subject to objections from other side and till next date of hearing before the Bench, 09 posts of Sub Inspectors be kept unfilled."The PIO therefore stated before SIC that in view of this direction of Hon'ble High Court, information couldn't be disclosed . "However, Commission has found that the appellant was candidate in the selection process for Sub Inspector and Inspector in Finance Department, as stated by the PIO but it is not clear whether the appellant does fall within said 09 posts. Therefore, Commission directs PIO to inform the appellant with regard to his status viz-a-viz Hon'ble High Court's order. Commission cannot not on its own ascertain whether information seeker does fall under this direction because of his consistent failure to appear before the Commission and support his contentions and rebut PIO's pleadings"

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