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| Record of Vishwa Bharti College damaged, PIO tells SIC | | | Early Times Report
Srinagar, July 30: In a startling disclosure made by him before the state information commission (SIC), PIO of Vishwa Bharti Women's Degree College (VBWDC), Srinagar, gave in writing that the official record of the institution, which includes cash books and files having a detailed account of finance, were destroyed in the September floods.
Locals, however, disputed the PIO's claim, alleging that the water level increased in Rainawari area, where the college is located, due to increase in level of water of Dal Lake which submerged less than one floor of the college and that too after 3rd day of the flood, ie September 8, 2009.
The RTI application was filed before the college PIO on March 9 this year by Mir Suhail of Cooperative Colony, Peerbagh, Srinagar, seeking information about appointment/conferment of contractual lecturers, selection process, criteria for regularisation of lecturers, qualification details of promotion of some officials, criteria under which Shameem Ahmad Kangoo was made Principal from 2004 to 2012, Executive Officer's qualification and criteria for appointment of Usha Ganhar. He also sought details about advertisement of the post against which Ganhar was appointed and details of funds received through UGC, central and state governments.
Thereafter, he filed first appeal on April 24, 2015 on the ground of non-receipt of information within 30 days from submission of RTI application. In the meantime, the RTI application was disposed of by the college principal on April 24, 2015, stating that information had been sent to the appellant through PIO well in time on April 7, 2015 which the appellant refused having received, stating that he would collect the information personally but till date he had not come to collect the same.
The Principal enclosed documents which reportedly contain answers to the queries. The commission received second appeal on May 18, 2015. The appellant submitted that he had put 11 specific queries but not a single one has been replied in accordance with the Act and thereby making the opposite party liable for imposition of penalty. The appellant has requested SIC to take necessary action against the defaulting officers besides directing them to supply the correct information as desired.
During proceedings on June 17, 2015 before both the parties, SIC observed and passed directions as under:
"PIO shall provide one more copy of Bye-Laws/Service-Rules to the appellant. Besides information on above 2 points, the respondent PIO has not given response/ information on Points III to XI of the appellant. Accordingly PIO VB College is directed to provide response/information to points (III) to (XI) within 15 days …………... The appellant shall have a right to file rejoinder/objections to the response of PIO……."
In compliance to the directions of the Commission, counsel for College filed reply/response giving para-wise reply to all the 11 queries raised by the appellant in the RTI application and further stating that VB Women's Degree College (Rainwari-Srinagar) was inundated and remained under water for more than ten days due to devastating floods last year in the first week of September resulting in total destruction to all the official records. The appellant filed rejoinder to the reply of the PIO submitting that in respect of some queries no record has been provided to him. He has further submitted that PIO has not provided any information regarding registration of FIR vis-à-vis the inundation of the record in 2014 floods. The information seeker refuted the claim that official records have been destroyed.
When Early Times contacted local residents of Rainawari they informed that water level increased in the area within 3 days and most of the class 1V employees hail from the same area and they could have easily taken out the record. "Our area was not flooded due to gush of water from Jehlum river but it was flooded due to increase of water level in Dal Lake and that was not sudden , I am sure all the record of VB College Rainawari has been saved and the officials of this college are lying before a quasi-judicial authority like SIC just to hide their misdeeds" said a local resident of Rainawari Dr Mushtaq.
The SIC perused reply of counsel for College and rejoinder of appellant and heard parties. At the outset the appellant submitted that reply/response provided to him, has not been signed by PIO as is required under RTI Act. This plea of the appellant is upheld and respondent/PIO is directed authenticate/attest reply filed by counsel, under his seal and signature. Besides, other information as per following directions shall be provided by PIO under his seal and signatures.
As regards Query V-VI, PIO was asked to refer to relevant clause of bye-laws under which Showkat Ahmad Handoo has been promoted as Section Officer and also provide copy of his qualification certificate. With regard to Query VII & VIII, the plea of the appellant is that statement made by PIO were not supported with relevant records i.e. decision of Managing Committee in extending service of Shamim Ahmad Kangoo as Principal of the College from 2004-2012 and thereafter as Executive Officer. PIO submitted before the SIC a that this record is held by Secretary of the Trust at Jammu. Accordingly, PIO was directed to obtain this limb of RTI information from Secretary of the Trust, under Section 5 (4 & 5) of J&K RTI Act and provide it to the appellant. PIO submitted before SIC on 21.7.2015 that Secretary of the VB Trust has some family problems and sought three weeks time to respond to this query, which is granted. At Query X, the appellant has asked whether College has advertised the post for which Usha Ganhar has been appointed. This has been responded to by the PIO stating that Usha Ganhar has been appointed as Lecturer in Hindi Department and that she is double M.A. (MA in Hindi) and (MA in Political Science). The Commission was of the view that information sought by the appellant is whether post has been advertised or not as per record. Accordingly PIO has been directed by the SIC to respond to this limb of the information as per records. PIO further submitted that almost all records of the College got inundated in devastating floods last year and all financial record/cash book etc. have been destroyed. In support thereof, PIO produced copy of FIR filed in Police Station Rainawari.
"PIO is directed to provide attested copy of FIR to the appellant. The above directions of the Commission shall be complied to within three weeks. Accordingly, the appeal filed before the Commission is disposed of" the SIC order reads. |
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