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| How was age relaxation given to Dy Registrar, SIC tells SKUAST (J) to explain | | | Early Times Report
jammu, May 29: The State Information Commission (SIC) has directed the Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST-Jammu) to provide copies of all the documents related to age relaxation given to Deputy Registrar (Establishment) when he applied for the post.
The SIC has clearly said that such documents are not a personal property of a government employee but public documents and can be sought under Right to Information Act (RTI).
Case details reveal that one Rajinder Kumar of Shastri Nagar, Jammu had moved an application on 30.07.2014 before the PIO, SKUAST, Jammu under the Jammu & Kashmir Right to Information Act, 2009 where under he sought information about Jatinder Raina, who had also applied for the post of Deputy Registrar (Establishment). Being an in-service candidate and at the time of applying for the said post, Raina had requested for relaxation of six years.
Rajinder wanted to know who had approved/sanctioned age relaxation in Raina's case. "If screening/scrutiny has taken place by Registrar and Assistant Registrar, please intimate whether they are competent to give age relaxation and also please furnish me the Xerox copy of the ruling under which they are competent," Rajinder had demanded.
The PIO on 28.08.2014 furnished the requisite information to Rajinder and informed him that as per Section 16(1) of the J&K Right to Information Act, 2009, he may file appeal to the First Appellate Authority (FAA) i.e. Registrar, SKUAST, Jammu.
Rajinder filed first appeal on 16.09.2014 before the Registrar, SKUAST, Jammu/FAA. The appeal was disposed of vide order No.AUJ/Adm/14-15/3863 dated 14.10.2014 informing the appellant that there is no separate application for age relaxation made by Jatinder Raina at the time of applying for the post except the reference made in the letter enclosing application form.
The FAA further observed that since the copy of the application and the document furnished by the candidate are exempted as the same pertains to the third party as per Central Information Commission Order passed in case titled Sh.Ved Parkash Mishr v/s Department of Posts on 10.10.2013 and as such it cannot be provided.
Feeling aggrieved of the FAA's order, Rajinder knocked the doors of the SIC by filing second appeal on 09.12.2014. The Commission after receiving the second appeal listed the matter for hearing several times but during most of the hearings the appellant remained absent except on 27.01.2015 when he was present before the Commission and was represented also by one Deepak Kapahi. The representative of the appellant was directed to file power of attorney on the next date of hearing in order to substantiate his contentions about the information requested by the appellant. The Commission did not receive power of attorney from the appellant.
The matter was again listed for hearing on 17.04.2015 and 06.05.2015. Neither the appellant nor his representative appeared before the Commission on the said dates of hearing. Perusal of the record shows that the information available in the office record stands already furnished to the information seeker and the order of the FAA is self-speaking and until and unless the appellant proves it otherwise, the Commission would not like to disturb the same.
"However, the Commission is of the considered opinion that the application form and the documents furnished by the candidate Jatinder Raina who had applied for the post of Deputy Registrar (Est) is a part of the office record and is no more a personal information and is not exempted from disclosure under section 8(1)(i) of the J&K Right to Information Act, 2009.
"In view of the aforesaid facts, the PIO is hereby directed to furnish the requisite information to the information seeker after applying the 'doctrine of severability' as envisaged under section 10 of J&K Right to Information Act, 2009 so that the information which is purely personal in nature and is likely to cause unwarranted invasion of the privacy of the individual concerned is not disseminated and rest of the information be furnished within ten days from the issuance of this order," the SIC ordered. |
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