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Alleged illegal appointments in SICOP
12/5/2013 11:42:31 PM

Penalty proceeding against GM SICOP, MD
rebuked for non seriousness
Sumit Sharma
jammu, Dec 5: State Information Commission (SIC) initiated penalty proceedings against General Manager SICOP Jaswinder Singh who happens to be PIO for delay in providing information to the information seeker within stipulated time and also failure on his part to follow the directions of MD SICOP who happens to be FAA for dissemination of information. The Commission also rebuked FAA as being a quasi judicial body who does not adhere his duty seriously.
The much delay in providing information also revealed that something is fishy in department in terms of appointment. The penalty proceedings were initiated based on the complaint of RTI activist Balvinder Singh who sought information from department including details of persons appointed as daily wagers/need basis/adhoc/temporary basis during last 10 years, copy of their confirmation, file noting of recommending authority and whether appointments are made in accordance with laid down norms . The information seeker also sought copy of advertised vacancies to be filled from the general public, through electronic or print media and paper cuttings.
The appellant after failing to received information from PIO within 30 days, preferred first appeal before FAA. The FAA adjudicated the first appeal on 10.6.2013. The PIO had admitted before FAA that information could not be given on time because he was busy in official engagement like annual tender process. The FAA directed the PIO to provide information with in 10 days under information to his office but the PIO did not comply the order. Ultimately, the information seeker filed second appeal before State Information Commission and also claimed for being provided compensation as laid down in section 16(9)(b) of the Act. Based on the complaint the Commission in its Decision No SIC/CO/SA/59/2013/538 observed, " The public authority of J&K SICOP i.e. Commissioner/Secretary to Government, Industries and Commerce is required to give his objection why compensation as claimed by the appellant may not be awarded as laid down in the Act. The PIO flouted the provision of State RTI Act and also violated the directions of the superior authorities i,e FAA. Therefore, penalty proceeding under section 17 are initiated against the PIO and he is directed to explain reason if any for not imposing penalty. Penalty will reckon from the date when order was to be passed till date order is actually passed and served on the information seeker. The FAA also display his non serious as if his circular is not honoured by the PIO it will obviously lead to indiscipline and insubordination in the administration." The SIC further directed the PIO to provide information to the appellant within five days from the date of pronouncement of this order.
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