| SIC directs Cultural Academy to give reasons | | Change of seniority rules, employee seeks reasons under RTI | | Early Times Report
SRINAGAR, July 3: The State Information Commission (SIC) has directed the J&K Academy of Art Culture and Languages (Cultural Academy) to give reasons to a senior employee of the academy as to why the seniority rules were changed during the process of promotion that took place in the cultural academy some time back.
As per details available one Muzaffar Ahmad Tak, filed second appeal against the order passed by the PIO and FAA, J&K Academy of Art, Culture and Languages (JKAACL). Haroon Rashid, Additional Secretary-cum-First Appellate Authority (FAA ) and Mohammad Munawar Khwaja, AO-cum-PIO, J&K Academy of Art, Culture and Languages attended the Commission's office on June 12 for the case hearing .
The brief facts of the appeal are that the appellant Muzaffar Ahmad Tak filed an RTI application before the PIO, J&K Academy of Art, Culture and Languages on 31-01-2014, received by the PIO on 05-02-2014, seeking the review of his fixation of seniority, which was fixed with reference to grade and not with reference to the post. Though the RTI application dated: 05-02-2014 was addressed to Secretary J&K Academy of Art, Culture and Languages, who is the FAA, the order was rightly passed by the PIO on 06-03-2014. The appellant not being satisfied with what he says an unambiguous order preferred first appeal before FAA (Secretary of Cultural academy) on 15-03-2014, received in the office of FAA on 20-03-2014. In the first appeal, the first plea of the appellant was that till 15-03-2014, he had not received any order of PIO, whereas, PIO insisted before the SIC that the order was dispatched on 06- 03-2014, which as per appellant has been received on 16-03-2014. Pertinent to mention that the information seeker has addressed RTI application under section 6 to the same authority, whom he addressed first appeal.
SIC order reads as :
" As this Act is in vogue in the State of J&K for more than 5 years, therefore, the appellant was expected to know the correct procedure of filing first appeal and the RTI application, because he wanted to enforce a fundamental right conferred on him under the State RTI Act, read with Constitution of Jammu and Kashmir. He is advised that before pursuing his right to information, he should acquaint himself with the procedures laid down for pursuing the said right. The FAA passed order on 27-03-2014. First appeal has been decided by the FAA unilaterally without giving an opportunity of being heard to the appellant. This Commission has, on number of times, held that no appeal can be decided by FAAs without having the opportunity of submissions and pleadings of the appellant. Hearing the appellant is a basic requirement for adjudicating the appeal. The meaning of adjudication is to settle a dispute between two parties. Hence, it is natural that both the parties should be heard. The FAA is advised that in future he should adhere to the principles of natural justice and adjudicate the appeals after ensuring the presence of the appellant as well as the PIO"
The order further reads as :
"Before this Commission, the appellant has prayed for directing PIO to provide him the reasons for alleged change in seniority rules without notice and without any reason. The appellant's reasoning somehow has emerged from his RTI application and first appeal. Therefore, the Commission directs for disclosure of reasons for change in seniority rules, if any. This information be given to the information seeker within 15 days from the date of receipt of this order. The appellant also sought direction from the Commission for restoration of his seniority, which is rejected, because there is no such mandate given to the Commission under State RTI Act." |
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