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| Dy Transport Commissioner denies info to RTI applicant | | | Early Times Report
Jammu, Apr 25: In gross violation of rules and regulation, Deputy Transport Commissioner M L Raina denied the information to RTI applicant regarding the details of consolidated workers across the state working in the Motor Vehicles Department and the consolidated workers engaged on need basis from time to time.
As per the details available with "Early Times", RTI applicant Junaid Nazir of Shaheed Gunj Srinagar had moved an application on 17-03-2015 in the office of Deputy Transport Commissioner in which he sought information regarding the details of consolidated workers across the state working in the Motor Vehicles Department and the consolidated workers engaged on need bases from time to time.
In his reply to the RTI applicant, Deputy Transport Commissioner confirmed that the consolidated workers are engaged by the department on need basis from time to time and their engagement period has expired and no extension has been given to them during 3 to 4 years.
He added that most of them filed writ petitions which are pending before the High Court of Jammu and Kashmir for orders.
"In the back drop of the matter is subjudice, hence no information related to any subjudice matter can be revealed till the final disposal of the matter related to these consolidated workers is taken,--- hence the RTI application is disposed of,"reads Deputy Transport Commissioner order issued vide No. TC/JK/RTI/2015/2589-90.
However, the grounds on the basis of which Deputy Transport Commissioner denied the information to RTI applicant did not fall within the ambit of the law. As per the law, the information under RTI Act cannot be denied with the reason that the matter is subjudice or pending before court of law or tribunal or consumer forum/commission etc.
"RTI Act nowhere permits refusal of information just because subject of information is subjudice--- under section 8.1.b only that information, which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court has been exempted from disclosure. But the PIOs extended to all information relating to court cases out the misinterpretation or ignorance or malice just to dodge information" clarifies the RTI Act.
After the reports of denial of information to RTI applicant on subjudice, Chief Information Commissioner issued the decision No. 456/IC(A)/2006 F. No.CIC/MA/A/2006/0694 dated 18-12-2006 wherein CIC stated that "There are no provisions in the RTI Act to reject an application for information merely on the grounds that the matter is subjudice" while in another decision issued vide No. CIC/SM/A/2008/000106 dated 22-10-2009 CIC stated that "The denial of Information on the ground that the matter had been pending before the DRT is not supported by any of the provisions of the RTI Act. There are many other examples like CIC/SM/A/2012/000067 Dated 27-09-2012 (Against CPIO, High Court Calcutta, Appellate side) and CIC/SM//A/2010/000966 dated 11-04-2011, wherein it was clearly mentioned that information cannot be denied on above mentioned grounds.
While talking to "Early Times" RTI Applicant said that he would appeal against the decision of Deputy Transport Commission and added that many employees who had been disengaged by the department are still holding important assignments in transport department and are involved in a nexus of corruption. He said that many among them have accumulated huge moveable and immoveable assets through fraudulent means. He said that he through if any among these consolidated workers are still working in the department; the accumulation of such huge wealth is not possible without corruption. He said that he would continue his fight against the menace of corruption in transport and other department for which he will use RTI Act as its tool. |
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