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SIC directs University to provide information under RTI Act
Suspension of SMVD University faculty member
10/18/2013 11:29:45 PM
ET Report
JAMMU, Oct 18: The State Information Commission (SIC) has directed the Public Information Officer (PIO) of Shri Mata Vaishno Devi University to provide Information under J&K RTI Act 2009 to a faculty member of the university who has been suspended by the University. The applicant has sought details relating to his suspension and the University authorities denied the information under various sections of JK RTI Act 2009 and the case finally ended up at SIC.
As per details available with Early Times, Dr. Amit Sharma a resident of Nai Basti Kana Chak, Akhnoor Road Jammu who is also a member of SMVD University faculty moved an application dated 17-04-2013 under J&K Right to Information Act, 2009 before the PIO, SMVDU University, Kakrayal, Katra (J&K) seeking Certified true copy of the Minutes of the meeting/proceedings, recorded on 12-03-2013 duly signed by Dr Amit Sharma, Prof. V. Verma (Dean COE) and Vinod Sharma followed by necessary corrections by the VC; Copy of relevant page of Dispatch and Receipt Register as maintained by each office where its record has been maintained during official communication from one quarter to other; Copy of the file notings by the HVC, Registrar or any other University Official adopted as basis for the issuance of Office Order NO:SMVDU/Estt./13/9575-80 Dated 28-02-2013 and NO:SMVDU/Estt./13/171-74 Dated 12/04/2013.
The RTI applicant Dr Amit Sharma further sought from SMVD University authorities, Copy of the order/noting by the Competent Authority for not releasing annual increment due in year 2012 to him or its effect in the release of monthly subsistence allowance paid from July 2012 onward; Not releasing till date the arrears due to pay revision to him as paid in January, 2013 to other employees of the university in response to Notification No. SMVDU/Adm/12/8749-51 Dated 01-01-2013.; Copy of the approval made by then VC Prof. R.N.K Bamezai through file noting/any other official document for placing the services of Dr Amit Sharma under direct suspension in response to which Suspension Order was drafted and subsequently issued by the Registrar on 31-05-2012; Copy of Order/directions issued by then VC Prof. R.N.K Bamezai in writing for placing the services of Dr Amit Sharma under direct suspension in response to which Suspension Order was drafted and subsequently issued by the Registrar on 31-05-2012.
The matter was heard by State Information Commissioner Dr SK Sharma on September 16, 2013 at Jammu office. According to the SIC order, the perusal of the documents available on record show that the inquiry against the appellant was to be completed by 13th of May, 2013 and he has also been charge sheeted. Thus there is no legal hindrance in providing the information sought at S.No. 1,2,3,4,7 and 8 of the RTI application which was denied as being exempted from disclosure under Section 8 (1)(g) of the RTI Act, 2009 due to pendency of inquiry against the information seeker, in respect of information sought at S.No. 5.
The Order further reads, "The information cannot be denied to the information seeker solely on the ground that it is personal information related to the appellant himself only having no relationship to any public activity or interest.
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