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PSC gets penalty notice for ignoring SIC orders
7/5/2014 12:06:06 AM
Early Times Report

Srinagar, July 4: As the J&K Public Service Commission (PSC) to provide information under J&K RTI Act 2009 to an RTI applicant , the SIC taking the matter seriously has issued penalty notice against the former Additional Secretary of the PSC who also functioned as Public Information Officer (PIO) of the commission until recently. The said PIO was transferred from the PSC some months back , but the SIC issued penalty notice against the same officer as it deemed that former PIO was at fault of not providing the information.
As per details available with Early Times, a complaint was filed by Dr. Amit Sharma alleging non-compliance of the Commission's order No: SIC/CO/SA/95/2013-580 dated: 04.02.2014 passed in second appeal filed by the said appellant. The Commission had directed for disclosure of information as mentioned in the above referred order. Till date order has not been implemented on the plea that original file which contained the information was lying with the Hon'ble High Court. However, the complainant rebutted this statement of J&K Public Service Commission by stating that the Registrar Judicial J&K High Court vide his Communication No: 2152 dated: 19.10.2013 had asked the PIO, Public Service Commission to examine the record in the Hon'ble High Court and thereafter send the information directly to the appellant. The complainant submitted before the Commission that other part of information is lying with Public Service Commission which has also been denied to the complainant.
SIC order dated June 25th reads as:
" As the contents of complaint have not been rebutted by the representative of PSC , one of the constitutional authorities of the State, the Commission directs the then PIO, PSC Shri Fayaz Ahmed to explain why penalty under section 17 of the State RTI Act may not be imposed on him and why his case may not be processed for prosecution under Ranbir Penal Code for refusing to act as a public authority to carry out the directions of a legally constituted Commission i.e J&K State Information Commission and also refer case to competent authority for starting disciplinary proceedings under the service rules applicable to him as provided under section 17 of the Act.. His reply, if any, must reach this Commission within 15 days from the receipt of this order. Shri Farooq Ahmed, Under Secretary and representative of PSC is directed to serve a copy of this order on Shri Fayaz Ahmed, the then PIO cum Additional Secretary. Meanwhile, the Commission further reiterates that J&K PSC which is one of the respected constitutional body would give due respect and regard to a statute which has been passed by the State Legislature"
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