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| Islamia College goes without audit for years | | CIC takes serious note | | Early Times Report
Srinagar, Nov 19: The Chief Information Commission er (IC) has taken serious note of finanial mismanagement in Islamia College of science and ommerce, Srinagar.
It was learnt through an RTI petition that no audit had been onduted in the ollege for manyyears. The PIO denied the sought information forcing the applicant to approah the prinipal whi is the Prinipal who is the First Appellate Authority (FAA) but still the details were not shared.
The RTI applicant finally knocked the door of State Information Commission (SIC). The Chief Information Commissioner (CIC) G R Sufi pronounced an order into this case on November 13th 2013 at Srinagar and directed the PIO / FAA to provide the complete information to the RTI applicant . CIC also criticized the role played by Directorate of Audit & Inspections and advised them to look into the matter.
As per details available with Early Times a complaint was filed by one Arshid Ahmad Bhat S/o Ghulam Nabi Bhat from Nowhatta Srinagar in the State Information Commission (SIC) on 08.10.2013. The brief facts of the complaint are that the applicant had filed an application under Section 6 of the State RTI Act 2009 on 22.07.2013 before PIO of Islamia College of Science & Commerce, Srinagar seeking certain information related to funding , audit and inspections etc . The PIO/Islamia College of Science & Commerce Srinagar vide his letter No. ICS/PIO/2712//R-12 dated 05.08.2013 provided the information to the information seeker comprising of 27 pages . Not being satisfied with the information provided by the PIO the complainant Arshid Ahmad Bhat filed First Appeal before First Appellate Authority (FAA) of Islamia College of Science & Commerce Srinagar on 26.08.2013 requesting First Appellate Authority(FAA) that he not has been provided complete information as sought under RTI Act , he prayed that PIO be directed to share the complete information .
Subsequently the complainant has approached the State Information Commission (SIC) on 08.10.2013 with a complaint against PIO/FAA of the Islamia College of Science & Commerce Srinagar that he was aggrieved with the reply of PIO/Islamia College of Science & Commerce Srinagar and submitted First Appeal in the office of FAA on 26th August 2013 but the said appeal has not been decided by FAA till date. The SIC heard both the parties. The order issued by Chief Information Commissioner G R Sufi reads as:
"Under Section 16 of the RTI Act, FAA is under legal obligation to adjudicate the appeal within 30 days from the receipt of the appeal after duly hearing appellant and also PIO. It was the duty of FAA to go through the RTI application minutely and ensure that the information which is existing in the records has been provided to the information seeker if not otherwise prohibited under Section (8) of the RTI Act. As per provisions of Section (16) of the State RTI Act 2009, First Appellate Authority (FAA) was under statutory obligation to adjudicate the appeal within 30 days which could have been extended by further 15 days after recording reasons for not adjudicating the appeal within original time of 30 days. FAA was also required to provide an opportunity of being heard to the appellant before adjudication of the appeal could have been made. It was also required that at the time of adjudication he should have heard PIO as well and gone through the records. The concept of appeal suggests that no appeal can be adjudicated without hearing both the parties to the dispute in the appeal. FAA has been given this public duty under the provisions of the State RTI Act and for this purpose they are designated as Public Authorities. As Public Authority they have to discharge all duties which are assigned to them as a public authority. Willful failure of discharging such duties will result into taking action as provided under Ranbir Penal Code and the State RTI Act. PIO in this case has passed the order within time. However, it seems that order was deficient in certain respects. Therefore, FAA should have considered these points and should have directed the PIO to provide the information to the information seeker which is on record and which is sought by the information seeker. The State Information Commission (SIC) therefore, considers it appropriate to restore back the matter to the FAA who happens to be the Principal of the said College. He is directed to dispose of the appeal within 20 days from the date of pronouncement of this order which has been made in the presence of Sh. Altaf-u-Rehman, PIO Islamia College." |
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