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| SIC directs BOSE to allow inspection of official record | | 30 year old Information sought under RTI | | Early Times Report
Srinagar, July 5: The State Information Commission (SIC) has directed the J&K Board of School Education to allow inspection of the official record of the BOSE by a Right to Information applicant (RTI applicant) who had sought some official record of BOSE right from year 1985 to 2014. As per details available a 2nd appeal was filed in the State Information Commission (SIC) by one Abdul Rashid Sofi S/o Gulam Mohammad Sofi R/o Nalband Pora, Safakadal against the failure of Public Information Officer (PIO) and First Appellate Authority (FAA) of J&K BOSE to provide information as sought by the information seeker. The Joint Secretary-cum-PIO, JKBOSE, Mukhtar Ahmad Jallu and the RTI applicant cum appellant Abdul Rashid Sofi attended the hearing at State Information Commission (SIC) on June 10th in this connection. Brief facts of the case are that appellant filed an RTI application before PIO, JKBOSE on 31-08-2013 which was received in his office on 04-09-2013, some seeking official information The PIO passed his order on 04-10-2013, which is within the statutory period prescribed in the Act.
The PIO did not provide information to the appellant on the plea that the information so sought pertains to period as late as 30 years. The PIO had offered appellant the facility to attend JKBOSE office on some convenient date, so that the relevant records will be put before him for his inspection.
The appellant not being satisfied with the order of PIO preferred first appeal before First Appellate Authority ie Secretary BOSE which was , received in her office on 08-10-2013.
The First Appellate Authority (FAA) adjudicated the appeal vide order dated: 04-12-2013, which is beyond the maximum statutory time of 45 days, as laid down under section 16 of the Act.
During the hearing at SIC office , the Chief Information Commissioner (CIC) G R Sufi directed the Secretary BOSE who is the( FAA) that all appeals must necessarily be decided within time laid down under the Act. The FAA had rejected the first appeal of appellant on two reasons, first that the appellant did not attend her office and secondly the information so asked for involved "load of information", which is not humanly possible to provide. Hence the appellant was asked to attend BOSE office Srinagar for inspection of records on any convenient date.
The appellant Abdul Rashid Sofi has stated before the Commission (SIC) that disposal of his appeal was beyond the statutory period as prescribed in the RTI Act; he therefore filed his 2nd appeal in the State Information Commission (SIC) . The facts narrated by the appellant matched the records put before the Commission. The first appeal was filed on 08-10-2013, which was to be decided by 07- 11-2013 with an opportunity of being heard to the appellant by the First Appellate Authority (FAA) cum Secretary BOSE on or before 07-11-2013.
The SIC order reads as:
"The FAA is again directed to adhere to the statutory time limit for disposing of the appeal. The only question before the Commission here is to determine whether the appellant could be compelled to appear before the PIO or FAA JKBOSE to inspect the record from 1985 till date. The essence of RTI Act is that information which otherwise is not exempted under section 8 is to be provided to the information seeker within 30 days for any number of years. It is left to the public authorities to decide for which period record is to be maintained but the period of maintenance has to be notified. If there is no such fixed period, then RTI seekers may seek information for any number of years. As there is no such order for maintenance and preservation of record by the public authority, therefore, the information seeker under State RTI Act may seek information for any number of years. However, taking a view, which is practicable and rationale, it may be extremely difficult to provide information for the period of 30 years. When the record maintenance and up keep is extremely wanting, however, after discussing the practical problems in this regard and after the consent of information seeker, the PIO has undertaken to provide the information to the information seeker from the period 2000 onwards till the receipt of the RTI application".
The order further reads as :
"The remaining information pertaining to 1985 to 2000 be given by providing an opportunity to the appellant to inspect the said record. The appellant should be informed properly to attend the office on a pre-fixed date. He must also be informed of the name and designation of the officer before whom he has to attend. The public authority must take steps to ensure safety and preservation of the record, which will be put up for inspection by the appellant. The order of the Commission be implemented within 30 days from the date of commencement of this order." |
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